United States District Court, W.D. North Carolina, Statesville Division
E. Culpepper NC Bar No. 19883 Timothy D. Swanson NC Bar No.
35598 Counsel for Plaintiff
Frederick T. Smith NC Bar No. 45229 SEYFARTH SHAW LLP Ada W.
Dolph Counsel for Defendant
CONSENT PROTECTIVE ORDER
C. Keesler United States Magistrate Judge
facilitate the prompt resolution of disputes over
confidentiality and adequately protect material entitled to
be kept confidential, the parties in the above-captioned
matter, by and through their respective counsel, and pursuant
Rule 26(c) of the Federal Rules of Civil Procedure, the
parties hereby stipulate and agree to the terms of this
Consent Protective Order (“Order”) as follows:
Order shall apply to information, testimony, documents and
things provided by the parties in the above-captioned matter
that contain: information protected from disclosure by
statute; personal information (such as Social Security
numbers); trade secrets; sensitive security data; or
information in any format that the producing party believes
in good faith constitutes or reveals any confidential,
proprietary, commercially sensitive, or otherwise non-public
business, technical, financial, or employee personnel
information, or information protected by third-party privacy
rights provided that any such information is generally
unavailable to others, not readily determinable from other
sources, and reasonably likely to lead to competitive injury,
invasion of privacy, or annoyance or oppression if disclosed
to persons other than as provided herein.
Non-disclosure of Stamped Confidential Documents.
stamped confidential document may be disclosed to any person
except as provided in paragraph 3 below. A “stamped
confidential document” means any document that bears
the legend “CONFIDENTIAL.” For purposes of this
Order, the term “document” shall have the meaning
assigned to that term in Rule 34(a).
confidential documents and information may be disclosed to:
(a) counsel for the parties in this action who are actively
engaged in the conduct of this litigation, including
counsel's legal and clerical assistants;
(b) a party, or an officer, director, or employee of a
corporate party deemed necessary by counsel for that party to
aid in the prosecution, defense, or settlement of this
(c) this Court or any other court exercising appellate
jurisdiction with respect to the determinations of this
Court, court officials, employees, and stenographers
transcribing testimony or ...