IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT,

IN AND FOR MONROE COUNTY, FLORIDA

BLUEWATER
KEY
RV
OWNERSHIP PARK PROPERTY
OWNERS ASSOCIATION, INC.,
Plaintiff,

Case No. 2014-CA-827-K

v.

Judge: Mark Jones

RITA CLARK, ROLAND CLARK,

and DAVID GLENZ,
Defendants.
________________________________/
CONFIDENTIALITY ORDER
Plaintiff/Counter-Defendant and Defendants/Counter-Plaintiffs (each a Party and
collectively, the Parties), who are engaged in businesses that are direct competitors of one
another, desire to protect the confidentiality of certain information and documents otherwise
discoverable in this action. Both parties seek to discover extensive and detailed information and
documents concerning their respective operations at or related to the Bluewater Key RV Park on
Saddlebunch Key, Florida. Therefore, IT IS ORDERED that the following terms and conditions
shall apply to all discovery in this action:
A. A Party may designate as confidential any documents or information to be produced from
any one Party to another Party pursuant and in response to any discovery request made in this
lawsuit. (Confidential Discovery Materials).
B. Discovery documents that are intended to be Confidential Discovery Materials shall be
designated as confidential by clearly marking (without destroying the other Partys ability to read
or review the same) any or all portions of the same as being CONFIDENTIAL. If a question
is posed in a deposition or by written discovery request, the party providing the response may

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designate the response as CONFIDENTIAL. All documents marked as CONFIDENTIAL

and all transcripts or written discovery responses so designated, shall be subject to the provisions
of this Order unless otherwise agreed in writing by the Parties or as otherwise ordered by this
Court.
C. Confidential Discovery Materials may not be used by the recipient for any purpose that is
not directly related to this action.
D. Confidential Discovery Materials shall be considered Trade Secrets as defined by
Chapter 688, Florida Statutes, unless otherwise ordered by this Court.
E. Confidential Discovery Materials may only be used in connection with this action so as
long as all persons receiving or in any way having access to the same agree in writing to be
bound by the terms of this Confidentiality Order or unless the Court allows otherwise.
F. This Order does not prohibit a party from disclosing its own confidential information to
any person.
G. This Order does not prohibit a party from using information lawfully obtained from third
parties or other sources that are not subject to this Confidentiality Order.
H. To the extent that any Party needs to rely on any Confidential Discovery Materials in
connection with any Motion or Memorandum filed with the Court, the Party shall designate the
material by Bates-type number (if it is a produced document) or line and page (if it is a
deposition or other transcript). The Party using or referring to the same, may provide a brief
description of the materials being used or relied upon, without disclosing the specific information
set forth in the Confidential Discovery Materials. If any Party seeks to present Confidential
Discovery Materials in any filing or proceeding before this Court, and if the Parties cannot agree

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to such use, the Court will review the Confidential Discovery Material in-camera and make such
provisions for use of the Confidential Discovery Materials as the Courts deems appropriate.
I. Any Party may object to a confidentiality designation. If the Parties cannot agree on the
designation, then aany Party may file a motion to seek a ruling from the Court on the
designation. Until the Courts ruling, the subject information shall be treated as confidential and
not disclosed to any third party and shall not be used in any manner not consistent with the Order
unless and until further ordered by the Court.
J. Inadvertent disclosure of Confidential Discovery Materials is not a waiver of
confidentiality. If a Party inadvertently produces information or documents that was or were
intended to be designated as Confidential under this Order, upon written notification to the other
Party that the information or documents are to be a part of Confidential Discovery Materials, the
recipient of the notice shall promptly return or destroy all such materials, and any copies made,
so as to permit the same to be designated Confidential.
K. This Order does not waive any Partys right to object to any discovery request, or any
applicable attorney/client communication privilege, any work product privilege, or any other
privilege that might otherwise apply to a discovery request.
L. This Order does not limit any Partys right to seek the production of documents,
testimony, or information from any source other than the Parties to this action.
M. This Confidentiality Order does not affect evidentiary rulings at trial.
N. This Confidentiality Order shall not prohibit a Party from seeking other aprropriate
protection of confidential information.
O. Within ten (30) days after the final conclusion of this action, inclusive of all appellate or
review proceedings, all Confidential Discovery Materials shall be returned to the producing

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Party, or destroyed, except for materials incorporated into Court filings (with leave of the Court)
or into work product retained solely by counsel.
DONE AND ORDERED at Key West, Monroe County, Florida, this ____ day of
March, 2015.

__________________________________
MARK J. JONES, CIRCUIT JUDGE
Copies furnished to
Counsel of Record
z:\1754\02\2015-03-30 confidentiality discovery order.docx

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