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Color Masters Painting, Inc. v. Balboa Capital Corp.

United States District Court, E.D. North Carolina

February 28, 2017

COLOR MASTERS PAINTING, INC. and ZEBULON Z. HADLEY, IV, Plaintiffs,
v.
BALBOA CAPITAL CORPORATION, Defendant, and BALBOA CAPITAL CORPORATION, Counterclaimant,
v.
COLOR MASTERS PAINTING, INC. and ZEBULON Z. HADLEY, IV, Counterclaim Defendants.

          T. Cullen Stafford N.C. State Bar No. 48872 Wyrick Robbins Yates & Ponton LLP Attorney for Plaintiffs.

          Morgan H. Rogers N.C. State Bar No. 37025 Parker Poe Adams & Bernstein LLP Attorney for Defendant Balboa Capital Corporation.

          PROTECTIVE ORDER BY CONSENT

          ROBERT T. NUMBERS, II UNITED STATES MAGISTRATE JUDGE

         Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, upon motion of all parties, through counsel, for a Protective Order as to certain information to be provided in this action, it is hereby ordered that:

         1. (a) Any document, or portion thereof, and any other form of evidence or discovery contemplated under Rules 26 through 36 of the Federal Rules of Civil Procedure which, in the good faith opinion of the party providing such discovery (the “producing party”) contains any (i) trade secret, (ii) any confidential research, design or development information, (iii) sensitive personal information, or (iv) sensitive commercial information for an operating business may be designated by the producing party as “Confidential Information.”

         (b) Except as otherwise provided by this Protective Order, Confidential Information designated as such in accordance with this Order may be disclosed or made available only to persons specified in paragraphs 3 and 4 herein.

         (c) Confidential Information designated as such may include, without limitation: (i) all documents, and all extracts from and summaries thereof, that contain or reflect Confidential Information; (ii) deposition testimony and the portions of deposition transcripts and exhibits that contain or reflect Confidential Information; and (iii) the portions of briefs, memoranda, or other writings filed with the Court and exhibits thereto that contain or reflect Confidential Information.

         (d) Confidential Information that is made available to a non-producing party pursuant to this Protective Order shall be received by counsel for the non-producing parties who may distribute to experts upon the expert's agreement to be bound by the terms of this Order, the non-producing parties, the insurers and/or claims representative entities of the non-producing parties, and their agents and employees, and said persons and entities shall thereafter safeguard and retain custody and/or control of all documents and things that contain, embody or reflect the producing party's Confidential Information.

         2. Confidential Information as defined in paragraph 1(a) above may be designated by the producing party as subject to this Protective Order as follows:

         (a) With respect to documents or copies provided by one party to the other, by marking the initial page with the legend “CONFIDENTIAL”

         (b) With respect to all documents and things provided by the producing party for inspection by its counsel, the marking with the legend “CONFIDENTIAL” need not be done until copies of the documents or things are produced after inspection and selection by inspecting counsel. Making documents or things available for inspection by such counsel shall not constitute a waiver of any claim of confidentiality. In lieu of marking the original of a document which contains Confidential Information, counsel for the producing party may in writing designate such documents as containing Confidential Information, thereby making them subject to this Order, however, in the event inspecting counsel requests, or previously has requested, copies of any such documents, such copies must be marked “CONFIDENTIAL” by the producing party, in order to make such copies subject to this Order.

         (c) Testimony or information disclosed at a deposition may also be designated by a producing party as Confidential Information by either indicating on the record at the deposition the specific testimony which contains Confidential Information that is to be made subject to the provisions of this Order or by designating, in writing, within 30 days following receipt of the transcript of the deposition, of the specific pages and lines of the transcript that are to be designated Confidential. Each producing party shall attach a copy of such written designation to the face of the transcript and each copy thereof in its possession, custody or control.

         Notwithstanding the foregoing, if any person who is not qualified to receive Confidential Information under paragraphs 3 and 4 herein attends a deposition at which such Confidential Information may be disclosed, then in such event the producing party must designate the specific testimony or information containing Confidential Information by indicating on the record at the deposition that such Confidential Information is subject to the provisions of this Order. The producing party shall have the right to exclude such persons from the deposition during the period any Confidential Information is disclosed or discussed unless they agree to be bound by the terms of this Order by executing the agreed upon “Confidentiality and Nondisclosure Agreement” attached to this Order as Exhibit “A”.

         (d) In the case of interrogatories and responses to interrogatories, other discovery requests or responses, affidavits, briefs, memoranda or other papers filed with the court, information contained therein may be designated Confidential Information by prominently marking such paper “CONFIDENTIAL.”

         3. Except as otherwise provided by this Protective Order, Confidential Information shall not be made available to, or be disclosed to, any person except:

(a) the Court, which includes judges and jurors, those in attendance at trial or any hearing, and associated judicial officers and personnel (and the mediator(s) designated by the Court and/or the parties);
(b) counsel and personnel of counsel to the non-producing ...

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