CALLAWAY BLUE BOTTLING LLC v. BUSSE SJI LLC

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
COLUMBUS DIVISION
CALLAWAY BLUE BOTTLING, 	)
LLC 	)
)
Plaintiff, 	) 	CIVIL ACTION FILE
)
v. 	) 	No. 4:25-CV-177-CDL
)
BUSSE/SJI, LLC 	)
)
Defendant. 	)
CONSENT PROTECTIVE ORDER
Plaintiff Callaway Blue Bottling, LLC and Defendant Busse/SJI, LLC
(collectively, the “Parties” and each individually a “Party”), by and through their
undersigned counsel, filed a Consent Motion for a Protective Order pursuant to
Federal Rule of Civil Procedure 26(c) and Local Rule 5.4(D). For good cause shown,
the Motion is granted, and this Consent Protective Order shall be entered as follows:
This Order shall govern the exchange of certain information by the Parties to
this action and the production of certain information by any non-Party to any Party
in connection with this action.
NOW, THEREFORE, IT IS HEREBY ORDERED:
1. 	This Order shall apply to all documents or information that at least one
Party or non-Party considers to be or to contain information which constitutes,
Case 4:25-cv-00177-CDL Document 41 Filed 05/21/26 Page 1 of 16

confidential, 	proprietary 	and/or 	sensitive 	business 	information 	meeting 	the
definitions set forth in this Order.
2. 	“Discovery Material” shall mean deposition testimony, documents
produced 	in 	response 	to 	requests 	for 	production 	of 	documents, 	answers 	to
interrogatories, responses to requests for admissions, responses to subpoenas, all
other discovery taken pursuant to Federal Rule of Civil Procedure 26, and any other
documents, information, or other tangible thing or oral testimony exchanged by or
among the Parties in this action or produced by any non-Party in this action.
3. 	“Designating Person” refers to a Party or a non-Party responding to
discovery in this action who designates Discovery Material as “Confidential.”
4. 	“Personal Data” shall mean any information related to, reflecting,
associated with, or identifying a natural person, that a Designating Person believes
in good faith to be subject to federal, state, or foreign data privacy or data protection
laws or other privacy obligations that require special protections.
5. 	Discovery Material may be designated as “Confidential” when a
Designating 	Person 	believes 	in 	good 	faith 	it 	contains 	non-public 	technical,
marketing, sales, or other proprietary business information; personal or business
financial or banking information; human resources records; sensitive personal
information; or commercially sensitive information.
Case 4:25-cv-00177-CDL Document 41 Filed 05/21/26 Page 2 of 16

6. 	When producing “Confidential” documents, the Designating Person
shall mark each page of the document containing confidential information with a
stamp identifying it as “Confidential.” Any materials that cannot be so marked on
their face shall be marked by placing the appropriate legend on a container or
package in which the thing is produced or on a tag attached thereto. If an entire
multi-page document is to be treated as “Confidential,” each page of such document
should be marked.
7. 	Where possible, a party shall designate only that part of a document or
thing that is “Confidential,” rather than the entire document or deposition.
8. 	All documents and things—including attorney notes and briefs—that
contain “Confidential” information must be handled as if they were so designated,
provided that nothing in this Order shall be construed to prevent Counsel from
retaining such information as part of their file after conclusion of the case.
9. 	All 	“Confidential” 	Discovery 	Material 	disclosed 	in 	this 	action,
including all information derived therefrom, shall be used by the receiving Party
solely for purposes of the prosecution or defense of this action, and shall not be used
by the receiving Party for any business, commercial, competitive, personal, or other
purpose, and shall not be disclosed by the receiving Party to anyone other than those
authorized in this Order, unless and until the restrictions herein are removed either
by written agreement of counsel for the Parties, or by Order of this Court. Nothing
Case 4:25-cv-00177-CDL Document 41 Filed 05/21/26 Page 3 of 16

contained in this Order shall preclude any Party from using its own “Confidential”
Discovery Material in any manner it sees fit. If a party publicly disseminates its own
“Confidential” Discovery Material, such information shall no longer be subject to
this Protective Order.
10. 	Documents and things that are filed with the Court and contain
“Confidential” information shall be filed under seal in accordance with the Local
Rules of the United States District Court for the Middle District of Georgia, and the
Orders Regarding Confidentiality section of the Rule 16-26 Order, See Doc. 6.
Unless otherwise ordered by the Court, redacted filings should be prepared in
compliance with Local Rule 5.4, which requires redaction of certain personal
information. The Court may order that filings be made under seal without redaction
and may later unseal such filings or require a redacted version for the public record.
11. 	The Parties shall work in good faith to redact Discovery Material to
protect against the disclosure of any “Confidential” information so that the redacted
Discovery Material can be publicly used in court.
12. 	A 	party 	who 	seeks 	to 	introduce 	information 	designated 	as
“Confidential” information at a hearing, trial, or other proceeding shall notify the
party who designated the material as protected and that the opposing party plans to
use the material at least ten (10) days before the hearing, trial, or other proceeding.
The designating party may object to public disclosure and file a motion to seal the
Case 4:25-cv-00177-CDL Document 41 Filed 05/21/26 Page 4 of 16

materials no later than three (3) days after receiving the notice, and the opposing
party shall have three (3) days after the motion to seal is filed to respond. If practical,
the party introducing the “Confidential” information shall redact any non-necessary
“Confidential” information prior to introduction.
13. 	Within thirty (30) days after receipt of the transcript of the deposition
of any Party or witness in this action, a Party or non-Party may designate as
“Confidential” any portion of the transcript that satisfies the criteria set forth in
Paragraph 5 above. Unless otherwise agreed by the Parties, all deposition transcripts
shall be treated as “Confidential” until the expiration of the thirty-day period. Upon
being informed that certain portions of a deposition are to be designated as
“Confidential”, all Parties shall immediately cause each copy of the transcript in its
custody or control to be appropriately marked and limit disclosure of that transcript
in accordance with this Order.
14. 	Use or disclosure of any Discovery Material marked “Confidential,”
including all information derived therefrom, shall be restricted solely to the
following persons, unless additional persons are stipulated by counsel or authorized
by the Court:
a. 	Outside counsel of record for the Parties.
b. 	In-house or specially-retained counsel for the Parties.
c. 	Any Party to this action who is an individual, and every employee,
director, officer, or manager of any Party to this action who is not an
Case 4:25-cv-00177-CDL Document 41 Filed 05/21/26 Page 5 of 16

individual, but only to the extent necessary to further the interest of
this litigation, and only where such Party or Party’s agent shall agree
to be bound by the terms of this Agreement by signing the agreement
attached as Exhibit A.
d. 	Expert witnesses (including partners, associates and employees of
the firm which employs such consultant or expert) retained by a
Party or its attorneys for purposes of this action, but only to the
extent necessary to perform services in connection with this action
and only where such expert shall agree to be bound by the terms of
this Agreement by signing the agreement attached as Exhibit A.
e. 	The 	Court 	and 	its 	personnel, 	including, 	but 	not 	limited 	to,
stenographic 	reporters 	regularly 	employed 	by 	the 	Court 	and
stenographic reporters not regularly employed by the Court who are
engaged by the Court or the Parties in connection with this action.
f. 	The 	author 	and 	the 	original 	recipients 	of 	any 	Confidential
document, with such person’s access to be restricted to the specific
Confidential document authored or received by that individual and
information contained therein.
g. 	Any court reporter or videographer reporting a deposition in this
action.
h. 	Employees of copy services, microfilming or database services, trial
support firms and/or translators who are engaged by the Parties in
connection with this action.
i. 	The administrative staff of outside counsel’s firms or each in-house
or specially-retained counsel.
j. 	Mediators assigned by the Court or engaged by the Parties in
connection with this action.
k. 	Any other person as to whom the Parties first agree in writing and
who executes an agreement in the form of Exhibit A hereto.
Case 4:25-cv-00177-CDL Document 41 Filed 05/21/26 Page 6 of 16

15. 	Each Party reserves the right to dispute the confidential status claimed
by any other Party or non-Party in any Discovery Material in accordance with this
Order. In such a situation, the following procedure shall apply:
Counsel for the objecting Party shall serve on the Designating Person a written
objection to such designation, which shall describe with particularity the Discovery
Material in question and shall state the grounds for objection. Counsel for the
Designating Person shall respond in writing to such objection within fifteen (15)
days following receipt of the written objection, and shall state with particularity the
grounds for asserting that the Discovery Material is entitled to protection as
“Confidential.” If no timely written response is made to the objection, the challenged
designation will be deemed to be void, i.e., the Discovery Material will no longer be
designated. If the Designating Person makes a timely response to such objection
asserting the propriety of the designation, counsel shall then confer in good faith in
an effort to resolve the dispute.
If a dispute as to a “Confidential” designation of Discovery Material
cannot be resolved by agreement, then any Party or non-Party, including the
Designating Person, may move the Court to do so. The Discovery Material that is
the subject of the filing shall be treated as originally designated pending resolution
of the dispute. Designations shall be sustained by the Court for good cause shown in
accordance with the standards of Federal Rule of Civil Procedure 26(c) and Local
Case 4:25-cv-00177-CDL Document 41 Filed 05/21/26 Page 7 of 16

Rule 5.4(D). The Party claiming confidentiality shall at all times have the burden of
establishing its entitlement to “Confidential” treatment of any Discovery Material in
dispute.
16. 	The 	inadvertent 	failure 	to 	designate 	Discovery 	Material 	as
“Confidential” prior to disclosure shall not operate as a waiver of the Party’s right to
later provide written notice designating the Discovery Material as “Confidential.”
Such notice shall constitute a designation of the information or document under this
Order. Upon receipt of such notice, the receiving Party shall: (i) not make any further
disclosure or communication of such newly designated Discovery Material except
as provided for in this Order; (ii) take reasonable steps to notify any persons known
to have possession of any Discovery Material with the original designation (or lack
of designation) and alert those persons to the effect of such a change in designation
under 	this 	Order; 	and 	(iii) 	for 	Discovery 	Material 	newly 	designated 	as
“Confidential,” promptly retrieve or have destroyed all copies and transcriptions of
such originally designated (or undesignated) Discovery Material from any persons
known to have possession of such Discovery Material who are not authorized under
Paragraph 10 of this Order. Properly marked documents, reflecting the new
designations, shall be promptly provided by the Designating Person. The receiving
Party shall not be subject to sanction for any use or disclosure of Discovery Material
prior to being notified of the “Confidentiality” designation.
Case 4:25-cv-00177-CDL Document 41 Filed 05/21/26 Page 8 of 16

17. 	If “Confidential” Discovery Material is used inadvertently during this
action, including at depositions, inconsistent with or in contravention of other
provisions of this Order, the Discovery Material shall not lose its confidential status
through such use, and counsel shall exercise their best efforts and take all steps
reasonably required to protect its confidentiality after such inadvertent use.
18. 	If “Confidential” Discovery Material is disclosed to any person other
than in the manner authorized by this Order, the Party responsible for the disclosure
shall, within five (5) calendar days of learning of such disclosure, inform the
Designating Person of all pertinent facts relating to such disclosure. As soon as
possible thereafter, the Parties shall use reasonable efforts to obtain the prompt return
of any such “Confidential” Discovery Material and have each unauthorized person
who received such “Confidential” Discovery Material execute the agreement
included as Exhibit A hereto. The requirements set forth in this Paragraph shall not
prevent the Designating Person from requesting that the Party responsible for the
inadvertent disclosure take additional remedial steps and/or applying to the Court
for additional relief.
19. 	No information contained in Discovery Material shall be deemed or
considered to be “Confidential” under this Order if it meets any of the following
descriptions: (a) it has been obtained directly from a public domain source; (b) it is
obtained by the receiving Party through proper means, i.e., was lawfully in the
Case 4:25-cv-00177-CDL Document 41 Filed 05/21/26 Page 9 of 16

Party’s possession prior to receiving the Discovery Material under the provisions of
this Order; (c) it was, is, or becomes available to the public through no fault of the
receiving Party; (d) it is discovered independently by the receiving Party by means
that do not constitute a violation of this Order; (e) it is or becomes available to a
Party from a source other than the Party asserting confidentiality, and that source is
rightfully in possession of such information on a non-confidential basis; or (f) it was
adjudicated as not subject to protection from disclosure by this Court. In the event
that any “Confidential” Discovery Material is publicly disclosed by a Party other
than the Designating Person, and that Discovery Material has otherwise properly
been designated “Confidential” as described in this Order, the burden shall be on the
Party making the disclosure to prove that the Discovery Material meets the criteria
of this Paragraph.
20. 	Nothing in this Order is intended to constitute a finding by this Court
that Discovery Material designated as “Confidential” is or is not confidential. A
designation by any Party of Discovery Material as “Confidential” is not intended to
be, and shall not be used or characterized by any Party as, an admission by another
Party that the Discovery Material so designated is confidential. The failure of any
Party to designate Discovery Material as “Confidential,” and the failure to object to
any such designation, is not intended to be, and shall not be used or characterized by
any Party as, an admission by another Party that the Discovery Material so
Case 4:25-cv-00177-CDL Document 41 Filed 05/21/26 Page 10 of 16

designated is not confidential. The Parties agree that a designation of Discovery
Material as “Confidential” is not intended to be and shall not be construed as an
admission that such Discovery Material (a) is relevant to a Party’s claims or
defenses, (b) is in fact confidential or in fact contains confidential information, or
(c) is otherwise subject to an applicable privilege or protection. Nothing in this
Order shall be deemed an admission that any particular Discovery Material is
entitled to protection under this Order or any other law. No Party may introduce into
evidence in any proceeding among the Parties, other than a motion to determine
whether the Order covers the Discovery Material in dispute, the fact that the other
Party designated or failed to designate Discovery Material as “Confidential.”
21. 	Nothing in this Order shall bar or otherwise restrict any attorney herein
from rendering advice to their client with respect to this litigation and, in the course
thereof, 	referring 	to 	or 	relying 	in 	a 	general 	way 	upon 	her 	examination 	of
“Confidential” 	Discovery 	Material 	produced 	or 	exchanged 	herein; 	provided,
however, that in rendering such advice and in otherwise communicating with their
client, the attorney shall not disclose the contents of any “Confidential” Discovery
Material produced by another Party or non-Party herein if such disclosure would be
contrary to the terms of this Order.
22. 	This Order involves only the relative rights and obligations of the
Parties as to the confidentiality of any Discovery Material in this action. This Order
Case 4:25-cv-00177-CDL Document 41 Filed 05/21/26 Page 11 of 16

does not abrogate or diminish any contractual, statutory or other legal obligation or
right of any party or person with respect to any “Confidential” Discovery Material.
23. 	Nothing in this Order shall require a person receiving “Confidential”
Discovery Material to risk judicial, administrative, or legislative sanction if such
Discovery Material is subpoenaed, demanded, requested, or otherwise asked for by
any court, administrative, legislative or other governmental body, or any other
person purporting to have authority to subpoena, demand, or request such material.
In such an event, the person receiving a subpoena, demand, or request shall give
written notice by email of the subpoena, demand, or request (including the delivery
of a copy thereof) to the attorney for the Designating Person, within such time as is
practical under the circumstances. In the event that a subpoena, demand, or request
purports to require production of such Discovery Material on less than five (5) days’
notice, the person to whom the subpoena, demand, or request is directed shall give
immediate telephonic notice of the receipt of the subpoena, demand, or request and
forthwith deliver a copy thereof to the attorney for the Designating Person by email.
24. 	Upon the request of the producing Party or non-Party, within sixty (60)
days after the entry of a final judgment no longer subject to appeal on the merits of
this case, or the execution of any agreement between the Plaintiff and Defendant to
resolve amicably and settle this case, the Parties shall return to the producing Party
or non-Party, or destroy, all Discovery Material subject to this Order. Returned
Case 4:25-cv-00177-CDL Document 41 Filed 05/21/26 Page 12 of 16

materials shall be delivered to respective counsel in sealed envelopes marked
“Confidential.” Notwithstanding the foregoing, outside counsel of record for a Party
may retain archival copies of “Confidential” Discovery Material.
25. 	The Court shall retain jurisdiction over all persons and organizations
authorized under Paragraph 10 to receive “Confidential” information for the limited
purpose of enforcing the rights and obligations set forth in this Order, including those
in the preceding paragraph relating to return or destruction of information, if
requested, at the conclusion of the case.
26. 	This Order shall not constitute a waiver of any Party or non-Party’s
right to oppose any discovery request or object to the admissibility of any document,
testimony or other information.
27. 	Nothing 	in 	this 	Order 	shall 	prejudice 	any 	Party 	from 	seeking
amendments to expand or restrict the rights of access to and use of confidential
information, or other modifications, subject to order by the Court. These restrictions
on disclosure and use of confidential information shall survive the conclusion of this
action, and the Court shall retain jurisdiction of this action after its conclusion for
the purpose of enforcing the terms of this Order.
28. 	Nothing in this Order shall prevent any Party from applying to the Court
for further or additional protective orders or for modification of this Order, or from
Case 4:25-cv-00177-CDL Document 41 Filed 05/21/26 Page 13 of 16

agreeing with the other Parties to modify the terms of this Order, subject to the
Court’s approval.
IT IS SO ORDERED this 21st day of May, 2026.
S/Clay D. Land
CLAY D. LAND
U.S. District Judge
Middle District of Georgia
Case 4:25-cv-00177-CDL Document 41 Filed 05/21/26 Page 14 of 16

Order Consented to by:
KREVOLIN & HORST, LLC
/s/ Kana A. Caplan
Kana A. Caplan
Georgia Bar No. 612805
caplan@khlawfirm.com
Barclay H. Vallotton
Georgia Bar No. 917852
vallotton@khlawfirm.com
Rahul Garabadu
Georgia Bar No. 553777
garabadu@khlawfirm.com
1201 W. Peachtree Street, NW
Suite 3500
Atlanta Georgia 30309
(404) 888-9700
Telephone: (404) 888-9700
Facsimile: (404) 888-9577
Counsel for Defendant Busse/SJI, LLC
WALDREP, MULLIN &
CALLAHAN, LLC
/s/ C. Morris Mullin
C. Morris Mullin
Georgia Bar No. 528550
cmm@waldrepmullin.com
David C. Rayfield
Georgia Bar No. 596706
davidrayfield@waldrepmullin.com
111 Twelfth Street, Suite 300
Post Office Box 351
Columbus, Georgia 31902-0351
T: (706) 320-0600
F: (706) 320-0622
Counsel for Plaintiff
Case 4:25-cv-00177-CDL Document 41 Filed 05/21/26 Page 15 of 16

EXHIBIT A
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
I, 	[print or type full name], of
[print or type full address], declare under penalty of perjury that I have
read in its entirety and understand the Stipulated Protective Order that was issued by
the United States District Court for the Middle District of Georgia on
[DATE] in the case of Callaway Blue Bottling, LLC vs. Busse/SJI, LLC,
Civil Action File No. 4:25-CV-177-CDL. I agree to comply with and to be bound
by 	all 	the 	terms 	of 	this 	Stipulated 	Protective 	Order, 	and 	I 	understand 	and
acknowledge that failure to so comply could expose me to sanctions and punishment
in the nature of contempt. I solemnly promise that I will not disclose in any manner
any information or item that is subject to this Stipulated Protective Order to any
person or entity except in strict compliance with the provisions of this Order.
I further agree to submit to the jurisdiction of the United States District Court
for the Middle District of Georgia for the purpose of enforcing the terms of this
Stipulated Protective Order, even if such enforcement proceedings occur after
termination of this action.
Date:
City and State where sworn and signed:
Printed Name:
Signature:
Case 4:25-cv-00177-CDL Document 41 Filed 05/21/26 Page 16 of 16