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Hunter-Rainey v. North Carolina State University

United States District Court, E.D. North Carolina, Western Division

May 8, 2017

SHARRON HUNTER-RAINEY, Plaintiff,
v.
NORTH CAROLINA STATE UNIVERSITY, Defendant.

          Carena Brantley Lemons The Lemons Law Firm, PLLC Attorney for Plaintiff

          Laura H. McHenry Assistant Attorney General N.C. Department of Justice Attorneys for Defendant

          CONSENT CONFIDENTIALITY AND PROTECTIVE ORDER

          KIMBERLY A. SWANK United States Magistrate Judge

         To expedite the flow of discovery material, facilitate the prompt resolution of disputes over confidentiality, protect adequately material entitled to be kept confidential, and ensure that protection is afforded only to materials so entitled, it is, pursuant to the Court's authority under Federal Rule of Civil Procedure 26(c), and with the consent of the parties, hereby ORDERED as follows:

Nondisclosure of Confidential Information in Discovery Responses.

Except with the prior written consent of the party or other person originally designating information or a document as confidential, or as hereinafter provided under this Order, no Confidential Information obtained through discovery may be disclosed to any person.

“Confidential Information” means any information or document designated in writing by a party as “Confidential, ” or which bears the legend or is noted as “Confidential” to signify that it contains information believed to be subject to protection under N.C. Gen. Stat. § 126-22 et seq. and Federal Rule of Civil Procedure 26(c). For purposes of this Order, the term “document” means all written, stored, recorded, or graphic material, whether produced or created by a party or another person, whether produced pursuant to Federal Rule of Civil Procedure 34 (“Rule 34”), subpoena, by agreement or otherwise. Interrogatory answers, responses to requests for production of documents, responses to requests for admission, deposition transcripts and exhibits, pleadings, motions, affidavits, and briefs that “summarize” and/or that contain materials entitled to protection may be accorded “confidential” status, but, to the extent feasible, shall be prepared in such a manner that the confidential information is segregated from that not entitled to protection.
Permissible Disclosures

Notwithstanding paragraph 1 herein, Confidential Information may be disclosed to any party to this action; to counsel for the parties; to the partners, associates, secretaries, paralegals, assistants, and employees of such attorney to the extent reasonably necessary to render professional services to the party; and to court officials involved in this litigation (including court reporters and persons operating video recording equipment at depositions). Subject to the provisions of this paragraph, such Confidential Information may also be disclosed:

A. To any person designated by the Court in the interest of justice, upon such terms as the Court may deem proper;
B. To persons noticed for depositions or designated as trial witnesses to the extent reasonably necessary in preparing to testify;
C. To employees of parties involved solely in one or more aspects of organizing, filing, coding, converting, storing, or retrieving data or designing programs for handling data connected with this action, including the performance of such duties in relation to a computerized litigation support system;
D. To expert witnesses retained by the parties to testify at trial, to the extent reasonably necessary to prepare for trial, ...

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