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Ware v. Sailun Co., Ltd.

United States District Court, N.D. Mississippi, Aberdeen Division

October 11, 2018

CAROLYN WARE, INDIVIDUALLY AND ON BEHALF OF TERRANCE WARE, DECEASED PLAINTIFF
v.
SAILUN CO., LTD; TBC CORPORATION; DYNAMIC TIRE CORP. DEFENDANTS AND OKTIBBEHA COUNTY BOARD OF SUPERVISORS A MEMBER OF THE MS PUBLIC ENTITY W.C. TRUST INTERVENOR

          Benjamin E. Baker, Jr. (PHV) BEASLEY, ALLEN, CROW, METHVIN, PORTIS & MILES, P.C. T.K. Moffett (MSB #3402) Roy O. Parker, Jr. (MSB#4015) MOFFETT LAW FIRM, PLLC Attorneys for Carolyn Ware, Individually and on Behalf of Terrance Ware, Deceased

          Courtney Titus Davis (MSB #103089) MARKOW WALKER, P.A. Attorney for Oktibbeha County Board of Supervisors, A Member of the MS Public Entity W.C. Trust

          Benjamin E. Griffith (MSB #5026) Lauren E. Ward (MSB #105019) GRIFFITH LAW FIRM Attorneys for Sailun Co., Ltd.

          David A. Barfield (MSB #1994) PETTIS, BARFIELD & HESTER, P.A. Attorney for TBC Corporation

          J. Lawson Hester (MSB #2394) Jason E. Dare (MSB #1000973) PETTIS, BARFIELD & HESTER, P.A. Attorneys for Dynamic Tire Corp.

          AGREED ORDER APPROVING ADDITION TO PROTECTIVE ORDER REGARDING THE CONFIDENTIALITY OF DOCUMENTS AND MATERIALS

          DAVID A. SANDERS, UNITED STATES MAGISTRATE JUDGE

         THIS COURT, having been informed that the Parties are in agreement, and having considered the same, hereby enters this Agreed Order Approving Addition to Protective Order Regarding the Confidentiality of Documents and Materials, setting forth additional procedures related to maintaining the confidentiality of certain documents. This Court recognizes the following terms agreed to by the Parties:

         1. Defendant Sailun Co., Ltd. (hereinafter “Sailun”) was deposed in this action through three of its corporate representatives on May 14-16, 2018 and July 10, 2018. The majority of the exhibits marked in those depositions consisted of documents and other materials produced by Sailun in this action as confidential pursuant to the terms of the Protective Order Regarding the Confidentiality of Documents and Materials (hereinafter “Protective Order”). Further, the transcripts for each Sailun corporate representative deposition were marked as confidential pursuant to the Protective Order at the top of each transcript page. The confidential designations of the documents included as exhibits and the transcripts were never challenged in this Court by any of the Parties.

         2. On July 26, 2018, the Parties filed their Joint Stipulation of Dismissal with Prejudice, requesting that this action be dismissed with prejudice by this Court. See Doc. 307. This Court entered its Order recognizing and granting the Joint Stipulation of Dismissal with Prejudice on July 27, 2018 and directed the Clerk of this Court to close this action on this Court's docket. See Doc. 308.

         3. The Protective Order provides as follows:

“After termination of this litigation, the provisions of this Order shall continue to be binding. This Court retains and shall have continuing jurisdiction over the parties and recipients of the Protected Documents for enforcement of the provisions of this Order following the termination of this litigation.”

Doc. 214 at p. 6, ¶15.

         4. Sailun is currently a party to litigation in other jurisdictions regarding its products. These additional claims have been brought by different plaintiffs, in varying states, and in both federal and state court forums.

         5. During the pendency of these other claims, plaintiffs have requested access to the transcripts of and exhibits to the depositions given by Sailun's corporate representatives in this action on May 14-16, 2018 and July 10, 2018. Sailun anticipates that similar requests for these deposition transcripts and exhibits could possibly be sent ...


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