Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Baronius Press, Ltd. v. Saint Benedict Press, LLC

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

March 21, 2017

BARONIUS PRESS, LTD., Plaintiff,
v.
SAINT BENEDICT PRESS LLC, Defendant.

          Mark W. Ishman Ishman Law Firm, P.C. Attorney for Plaintiff Baronius Press, Ltd.

          Jonathan E. Buchan Natalie D. Potter Attorneys for Defendant Saint Benedict Press, LLC

          CONSENT PROTECTIVE ORDER

          Graham C. Mullen United States District Judge

         It is hereby stipulated and agreed, by and between the parties hereto and their respective counsel, pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, that certain documents and information requested by the parties in oral and written discovery in this action may contain confidential commercial, financial or business information, which should be protected from unauthorized disclosure. Accordingly, the discovery of certain documents and information may be conducted only pursuant to the following terms, conditions, restrictions and procedures of this confidentiality agreement and protective order (the “Protective Order”):

         1. Documents and written information, whether stored electronically or otherwise, or oral or recorded information produced by any party or non-party in the course of the defense or prosecution of this action that are confidential in nature and that contain confidential business information, customer lists, profits and losses, acquisition costs, production expenses, or other proprietary information may be designated as such by the person producing the material. All such designations shall be made in good faith and for a legitimate purpose. Such designations shall be made by placing on the face of the material or by otherwise conspicuously labeling the material with the following designation or a substantially similar designation: CONFIDENTIAL. Duplicate copies of such material shall also be deemed CONFIDENTIAL. The use of information that has been designated as CONFIDENTIAL may be further restricted by the additional designation of such information as ATTORNEY'S EYES ONLY. Notwithstanding the foregoing, information that is public record or in the public domain, or that has been lawfully obtained from any non-party, shall not be considered CONFIDENTIAL. In the event that a party voluntarily discloses its own information designated as CONFIDENTIAL or ATTORNEY'S EYES ONLY, such disclosure shall not be deemed a waiver of the party's right to preserve the confidentiality of any other information on any basis whatsoever.

         2. Counsel for any party or any witness may designate the transcript or exhibits (or any portion thereof) of any deposition or testimony as CONFIDENTIAL by so stating on the record of the deposition or by doing so within seven (7) days of receipt of the transcript of the deposition or within seven (7) days of the entry of this Protective Order by the Court. Until such seven (7) day period following the receipt of the deposition transcript expires, each transcript shall be treated as CONFIDENTIAL.

         3. Except as otherwise provided herein, documents, depositions, transcripts, and any other information designated as CONFIDENTIAL pursuant to this Protective Order, and any information contained therein, and any notes, abstracts or summaries made therefrom, shall not thereafter be disclosed in any manner to anyone other than to the following: the parties to this Protective Order (including their present and former agents directly involved in the prosecution or defense of this action), their respective outside or in-house counsel, including legal assistants or other regular law firm or in-house employees working under counsel's supervision who are involved in the prosecution or defense of this action, any mediator or other person presiding over formal alternative dispute resolution sessions, and persons employed by or assisting counsel in preparation for, or at the trial of this action, including experts or consultants whom counsel may consult. All such CONFIDENTIAL information shall be used solely for the prosecution or defense of this action. Disclosure to all such persons identified in this paragraph shall be in accordance with the provisions of paragraphs 8 and 9 below.

         4. The only persons who shall have access to CONFIDENTIAL information designated ATTORNEY'S EYES ONLY shall be outside or in-house counsel and any of their associates, secretaries, legal assistants, support staff employees, and independent experts to whom it is necessary that the information or documents be disclosed for the purposes of this litigation. Such designations shall be made by placing on the face of the material or by otherwise conspicuously labeling the material with the following designation or a substantially similar designation: CONFIDENTIAL - FOR ATTORNEY'S EYES ONLY. Disclosure to all such persons identified in this paragraph shall be in accordance with the provisions of paragraphs 8 and 9 below.

         5. In the event that information or documents designated CONFIDENTIAL are later desired by a party to come within the ATTORNEY'S EYES ONLY category, such information or documents can be added to that category if mutually agreed upon by the parties or upon Order of this Court after appropriate motion. During the pendency of any such motion or request by a party, the information or documents at issue shall be treated as coming within the ATTORNEY'S EYES ONLY category until the request or motion is resolved.

         6. In the event that counsel for any party determines that the defense or prosecution of this action requires material that has been designated as CONFIDENTIAL pursuant to this Protective Order, including depositions, be disclosed for any purpose to persons not otherwise authorized herein, written notice that such party intends to seek permission of the Court to make such disclosure, identifying the otherwise unauthorized person and designating the information desired to be disclosed, must be made to the party who submitted the documents or information not less than five (5) days prior to the intended disclosure. If within five (5) days after the receipt of notice, the party who submitted the documents or information makes a written objection to the party giving the notice, the CONFIDENTIAL material shall not be disclosed unless the Court so orders. If timely written objection is not made, the party who submitted the documents or information shall be deemed to have waived any objection to the disclosure of the designated information to the identified person only, and such disclosure may proceed without further order of the Court. Before disclosure of any CONFIDENTIAL materials may be made to persons not otherwise authorized herein, whether by Court order or otherwise, the persons to whom such disclosure is to be made must comply with the conditions set forth in paragraphs 8 and 9 below.

         7. A party shall not be obligated to challenge the propriety of a CONFIDENTIAL designation or ATTORNEY'S EYES ONLY designation at the time such designation is made, and a failure to do so shall not preclude a subsequent challenge thereto. In the event that any party to this litigation disagrees at any point with the designation by the producing party of any information as CONFIDENTIAL or ATTORNEY'S EYES ONLY, the parties shall try first to resolve the dispute informally and in good faith. If the dispute cannot be resolved, the objecting party may seek appropriate relief from the Court. During the pendency of any such Court intervention, the information at issue shall be treated as CONFIDENTIAL or ATTORNEY'S EYES ONLY, as the case may be, until the Court has resolved the issue.

         8. Each person to whom disclosure of any CONFIDENTIAL information is made in accordance with this Protective Order is hereby prohibited from divulging any such information without first obtaining authorization from the party that produced the information or from the Court, or from exploiting in any way such information for his or her own benefit, or from using such information for any purpose or in any manner not directly related to the prosecution or defense of this action.

         9. Each person to whom disclosure of any CONFIDENTIAL information is made in accordance with this Protective Order, including the parties hereto and their attorneys, agents and representatives, must consent to be bound by the terms of this Protective Order. Prior to any such disclosure, each such person (excluding the parties' full-time employees, outside or in-house counsel and their respective employees engaged in the prosecution or defense of this action) shall execute the undertaking attached hereto as Exhibit A, a copy of which shall be delivered to the attorneys for all other parties prior to such disclosure; provided, however, that as to any expert or consultant who is to receive CONFIDENTIAL information, such expert or consultant shall be required to deliver an executed copy only to the outside counsel with whom the expert or consultant has been retained or is working.

         10. In the event a deponent in this action refuses to execute a copy of Exhibit A, said deponent shall be advised, on the deposition record, as to the effect of this Protective Order and the record shall ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.