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Elledge v. Lowe's Home Centers, LLC

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

April 13, 2017


          Robert M. Elliot N.C. State Bar No. 7709 Michael Elliot N.C. State Bar No. 42806 Attorneys for Plaintiff

          James M. Powell N.C. State Bar No. 12521 Jillian M. White N. C. State Bar No. 37596 Attorneys for Defendants


          David C. Keesler, United States Magistrate Judge

         This matter having come before the Court on the joint application of Plaintiff Charles J. Elledge (hereinafter “Plaintiff”) and Defendants Lowe's Home Centers, LLC and Lowe's Companies, Inc. (hereinafter “Defendants”), and the parties having agreed to the terms of this Consent Protective Order (“Protective Order”), and that this Protective Order is necessary to facilitate discovery in this matter, and, for good cause having been shown:

         IT IS HEREBY ORDERED by the Court that the following terms and conditions shall apply in the above-captioned action (the “Action”):

         1. Scope of Order.

         This Protective Order shall apply to all documents, information, deposition testimony, or any other materials produced, provided, or disclosed through formal discovery procedures or in response to a subpoena by any party or non-party in this Action (“Litigation Material”). The term party means any named Plaintiff or Defendant in this Action. This Protective Order shall govern all pretrial proceedings in this Action and shall remain in effect until modified, superseded, or rescinded by further Order of this Court. The parties shall meet and confer prior to the Pretrial Conference in this Action to discuss how confidentiality issues will be addressed at trial.

         2. Confidential Information.

         For purposes of this Protective Order, “Confidential” information as used herein means any type or classification of information which is designated as Confidential in the manner specified below, in the good faith belief that such information falls within the scope of Rule 26(c) of the Federal Rules of Civil Procedure and should be afforded the protections provided herein. For purposes of this Protective Order, Confidential information may include, but is not limited to, trade secrets; proprietary, confidential, or commercially sensitive business information; employment and personnel files and records; medical records and files; private, health, insurance, wage, financial, tax, account, or credit information; and/or other confidential information and records which are not generally known or accessible, or the disclosure of which is restricted or prohibited by statute, rule, regulation, statutory or common law privilege, contract or agreement, or Court Order. Confidential information shall be designated as such by stamping or labeling the relevant material with the legend “CONFIDENTIAL” or “CONFIDENTIAL -- SUBJECT TO PROTECTIVE ORDER, ” or by taking other reasonable steps to so designate the information or documents. Designation of Confidential information shall occur at or prior to the time of production of documents or provision of discovery responses. In the event any Litigation Material is produced that the producing party or non-party does not designate as Confidential, any other party or non-party with legitimate interests and an appropriate basis may designate such Litigation Material as Confidential within thirty (30) calendar days of receipt of the same. Portions of deposition transcripts shall be designated as Confidential within thirty (30) calendar days of receiving the transcripts. Deposition transcripts shall be treated as Confidential until they are either designated as such or, if no such designation is made, until the expiration of the thirty (30) day period following receipt of the transcripts. A party may designate as Confidential any portion of depositions taken, or documents produced, before the entry of this Protective Order within thirty (30) days of entry by the Court.

         3. Use of Confidential Information.

         Absent a Court Order or written consent from the designating party or non-party, information designated as Confidential shall be used solely for the purposes of this Action and in accordance with this Protective Order, and shall not be used, made available, or disclosed in any other litigation, judicial or administrative proceedings, or for any commercial, business, competitive, or other purposes. Information designated as Confidential shall only be made available to persons designated as Qualified Persons under this Protective Order.

         4. Qualified Persons.

         The following individuals are “Qualified Persons” under this Protective Order:

a. Any Court officer, mediator, or arbitrator handling any aspect of this Action, including their staff, as well as any court reporters and videographers who transcribe or record ...

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