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Ballantyne Brands, LLC v. Circle K Stores, Inc.

United States District Court, W.D. North Carolina, Charlotte Division

March 7, 2017

BALLANTYNE BRANDS, LLC, Plaintiff,
v.
CIRCLE K STORES, INC., Defendant.

          SMITH, 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.

          JAMES, McELROY & DIEHL, P.A. Bruce M. Simpson NC Bar # 8507 Attorneys for Plaintiff Ballantyne Brands, LLC

          CONSENT PROTECTIVE ORDER

          David C. Keesler, Judge

         It is 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:

         1. 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.

         3. In 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.

         4. Information or documents designated as “Confidential” shall not be disclosed to any person, except:

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 counsel;
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.

         5. Prior to disclosing or displaying the confidential information ...


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