United States District Court, W.D. North Carolina, Charlotte Division
ANDERSON, BLOUNT, DORSETT, MITCHELL & JERNIGAN, L.L.P. J.
Gray Wilson Carl N. Patterson, Jr. NC Bar # 7260 Michael W.
Mitchell NC Bar # 16750 J. Gray Wilson NC Bar # 46509
Attorneys for Defendant Circle K Stores, Inc.
McELROY & DIEHL, P.A. Bruce M. Simpson NC Bar # 8507
Attorneys for Plaintiff Ballantyne Brands, LLC
CONSENT PROTECTIVE ORDER
C. Keesler, Judge
hereby ORDERED by the Court that the following restrictions
and procedures shall apply to certain information, documents
and excerpts from documents supplied by the parties to each
other in response to discovery requests:
Counsel for any party may designate any document or
information contained in a document as confidential if
counsel determines, in good faith, that such designation is
necessary to protect the interests of the client. Information
and documents designated by a party as confidential will be
labeled “CONFIDENTIAL - PRODUCED PURSUANT TO PROTECTIVE
ORDER.” “Confidential” information or
documents may be referred to collectively as
“confidential information.” 2. Unless otherwise
ordered by the Court, or otherwise provided for herein, the
confidential information disclosed will be held and used by
the person receiving such information solely for use in
connection with the above-captioned action.
the event a party challenges another party's confidential
designation, counsel shall make a good faith effort to
resolve the dispute, and in the absence of a resolution, the
challenging party may thereafter seek resolution by the
Court. Nothing in this Protective Order constitutes an
admission by any party that confidential information
disclosed in this case is relevant or admissible. Each party
specifically reserves the right to object to the use or
admissibility of all confidential information disclosed, in
accordance with applicable law.
Information or documents designated as
“Confidential” shall not be disclosed to any
a. The requesting party and counsel;
b. Employees of such counsel assigned to and necessary to
assist in the litigation;
c. Consultants or experts to the extent deemed necessary by
d. Any person from whom testimony is taken or is to be taken,
except that such a person may only be shown confidential
information during and in preparation for his/her testimony
and may not retain the confidential information; and
e. The Court or the jury at trial or as exhibits to motions.
Prior to disclosing or displaying the confidential