United States District Court, E.D. North Carolina, Western Division
DELAINE H. PELT, Plaintiff,
H&H AUTO SERVICE OF FAYETTEVILLE, INC., Defendant.
MICHAEL A. KORNBLUTH, Taibi Kornbluth Law Group, P.A., Durham, North Carolina, Attorneys for the Plaintiff.
Attorneys for the Defendant. George E. Eppsteiner, KATIE WEAVER HARTZOG, GEORGE E. EPPSTEINER, Cranfill Sumner & Hartzog LLP, Raleigh, NC,
JOINT CONSENT PROTECTIVE ORDER
LOUISE W. FLANAGAN, District Judge.
The above-captioned action arises from the Plaintiff's former employment with Defendant and involves a wrongful discharge claim based on alleged violation of public policy, negligent infliction of emotional distress, and violations of the Americans with Disabilities Act. Plaintiff requests compensatory damages and punitive damages against the Defendant.
In the course of discovery in this action, the parties will have reason to request and exchange confidential or proprietary information and documents including, but not limited to, financial records, employee personnel records, and medical records.
Counsel for the parties have deemed it to be in the best interests of both parties to facilitate the discovery process by agreeing to maintain such information as confidential and to restrict the dissemination of such information. Accordingly, pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, the Case Management Order entered by the Court on January 2, 2014, and agreement of counsel, good cause having been shown and the Court deeming it just and proper to do so, it is hereby ORDERED that:
1. This Order governs the handling and disclosure of all materials produced, given, or filed herein by the parties and designated as "CONFIDENTIAL" during the discovery phase of this action. A separate order will be entered at the appropriate time regarding the use of CONFIDENTIAL INFORMATION during the trial or trials of any matter or issue herein. For purposes of this Order, CONFIDENTIAL INFORMATION includes confidential financial records and employee personnel files maintained by Defendant and medical and financial records related to Plaintiff.
a. "Document" means all writings, drawings, graphs, charts, recordings, and any other documents as defined in Rule 34 of the Federal Rules of Civil Procedure.
b. "Material" means any document, any answer to any interrogatory or other discovery request in this action, any portion of any deposition (including deposition exhibits) in this action, and any other information produced, given, or filed in this action.
c. "Parties" means plaintiff Delaine H. Pelt and defendant H&H Auto Service of Fayetteville, Inc.
3. Procedure for Designating Information as Confidential.
a. A party or witness may designate as CONFIDENTIAL INFORMATION any material produced in the course of discovery that contains confidential information by writing, typing, or stamping on the face of such material the word "CONFIDENTIAL, " or by otherwise notifying counsel for the parties in writing, and, in the case of deposition transcripts and exhibits, also the court reporter, at the time of the production of the document or within 20 days of receipt of the deposition transcript. In the event CONFIDENTIAL INFORMATION is contained in any written response to a discovery request, in any deposition transcript, or in any exhibit thereto, the confidential portion of each such response, transcript, or exhibit shall be separately bound, and the word "CONFIDENTIAL" shall be placed thereon.
b. In the event confidential, proprietary, or sensitive information is inadvertently produced without placing the designation "CONFIDENTIAL" thereon, the party or witness may, subsequent to the production (or subsequent to the 20-day period for designating deposition transcripts), designate the material as CONFIDENTIAL INFORMATION. In such event, the material ...