United States District Court, E.D. North Carolina, Eastern Division
HARRY L. SMITH, JR., Plaintiff,
FLANDERS HOLDINGS, LLC, Defendant.
M. Ceglowski Attorney for Plaintiff Harry L. Smith, Jr.
McKinley Gray, III Attorneys for Defendant Flanders Holdings,
CONSENT PROTECTIVE ORDER
W. Flanagan United States District Judge
AGREEMENT AND CONSENT PROTECTIVE ORDER
parties to this action, Plaintiff Harry L. Smith, Jr.
("Plaintiff), and Defendant Flanders Holdings, LLC
("Defendant") (collectively, "Parties")
hereby consent and request that the Court enter a Protective
Order with respect to the documents and information to be
provided by any of the parties in response to
interrogatories, requests to produce documents, and/or in
depositions which may include confidential, proprietary or
trade secret information relating to or referencing the
underlying "Equity Buy Out and Board of Directors
Resignation and Agreement, " the Parties' intentions
respecting the same, and/or the sale of any business entity,
or a portion thereof, involving the Parties, including the
Parties' intentions with respect to such sale. In
particular, the Parties seek to protect as confidential
information referencing or potentially referencing trade
secrets, proprietary, financial, operational data, business
plans, competitive analyses, personnel files, or other
business information and personal information of both
herein, the following terms shall have these specified
"Plaintiff shall mean Harry L. Smith, Jr.
and/or his employees, officers, agents or representatives as
well as persons acting or purporting to act on their behalf
for any purpose relevant to this matter.
"Defendant" shall mean Defendant Flanders
Holdings, LLC and/or its employees, officers, agents or
representatives as well as persons acting or purporting to
act on their behalf for any purpose relevant to this matter.
"Confidential Information" shall mean information
referencing or potentially referencing trade secrets,
proprietary, financial, operational data, business plans,
competitive analyses, personnel files, or other business
information and/or personal information, including without
limitation emails, documents, records, and/or communications
contained on Defendant's computer information and email
to the Parties' request, and in accordance with the
agreement of the Parties, IT IS HEREBY ORDERED:
Counsel for any party may designate Confidential Information
as "CONFIDENTIAL" if counsel determines, in good
faith, that such designation is necessary to protect the
interests of the client.
Unless otherwise ordered by the Court, or otherwise provided
herein, Confidential Information will be held and used solely
by the person receiving the information solely for use in
connection with the above-captioned action.
Confidential Information designated as CONFIDENTIAL shall not
be disclosed or disseminated to anyone, except:
Party, counsel for any Party, and the employees of such
counsel to whom it is necessary that the information be