United States District Court, E.D. North Carolina, Southern Division
W. FLANAGAN U.S. DISTRICT COURT JUDGE.
parties assert that they possess information relating to the
subject matter of this action that may be deemed confidential
or proprietary. The parties recognize that in the course of
discovery proceedings relating to this action, it may be
necessary to disclose certain of the asserted confidential or
proprietary information. The parties wish to ensure that such
confidential and proprietary information will not be
disclosed to unauthorized persons, and will not be used for
any purpose other than this litigation.
terms of this consent agreement are as follows:
Prior to production, the parties may designate documents or
other materials containing CONFIDENTIAL INFORMATION to be
protected by this Agreement. These will likely include
internal documents and materials comprising trade secrets,
financial information, confidential information, private
information and proprietary information as to the individual
parties to this litigation, as well as business practices and
procedures of the parties.
following “Qualified Persons” are entitled to
review and utilize documents or materials containing
confidential information produced pursuant to this Agreement.
Each of these “Qualified Persons” are also bound
by the terms of this agreement, whether a signatory to the
original Agreement or not:
a. The party (including corporate employees) the material was
provided to, attorneys for the benefit of that party, and the
necessary staff actively providing support for that party
regarding the present litigation;
b. Independent expert witnesses who have been specially
employed and retained to assist in this litigation and their
necessary staff actively participating in matters related to
this litigation; and c. Other witnesses who are asked to
review the confidential information.
Confidential Information shall not be disclosed to any of the
persons referred to in paragraphs 2(b) and (c) until such
persons have been provided with a copy of this Agreement and
have agreed in writing to be bound thereto by execution of
the this Agreement. All parties shall retain any such
agreements and make them available to any of the other
parties upon request.
CONFIDENTIAL INFORMATION identified above will be designated
as such by marking the initial page at or before the time of
production as “CONFIDENTIAL.” The parties may
comply with this Order by either marking the original
documents or the copies that are produced or exchanged. With
respect to data disks, videos, or other tangible items, this
provision may be complied with by labeling such items as
“CONFIDENTIAL.” 5. A Qualified Person who
receives CONFIDENTIAL INFORMATION shall not make the
information available to persons or entities other than
Qualified Persons as defined in Paragraph 2, and shall only
use the information for the purposes of their own pursuit or
defense of the present litigation.
Unless all parties agree on the record at the time a
deposition testimony is taken, all deposition testimony taken
in this case shall be treated as Confidential Information
until fourteen (14) days after the receipt of the deposition
transcript, at which time such agreement expires. Any party
may deem a portion or all of a deposition transcript to be
confidential within fourteen (14) days of the receipt of the
designation of any material, document, transcript, or portion
thereof as Confidential Information is subject to challenge
by any party. The parties shall first make good faith efforts
to resolve any such challenges by consent. Any remaining
disagreements shall be resolved by motion practice. Until the
Court rules on the challenge, all parties shall continue to
treat the materials as Confidential Information under the
terms of Agreement.
Nothing in this Agreement shall be construed to affect the
use of any document, material, or information at any trial,
hearing, or motion before the court. A party that intends to
present or that anticipates that another party may present
Confidential Information in a motion, hearing, or trial shall
bring that issue to the Court's and parties'
attention by motion or in a pretrial memorandum without
disclosing the Confidential Information. The Court may
thereafter make such orders as are necessary to govern the
use of such documents or information at trial.
Within sixty (60) days after the conclusion of this
litigation, any party may request the return of any documents
containing CONFIDENTIAL INFORMATION to the producing party
and consistent with any rules promulgated by the North
Carolina State Bar regarding attorneys' maintenance of
client files. The party requesting the return of documents
shall bear all expense for this.
is the express intent of the parties that CONFIDENTIAL
INFORMATION produced consistent with this Agreement shall be
only used by the receiving party only in this litigation and
shall not be used in ...