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Bowers v. Toys "R" US-Delaware, Inc.

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

June 19, 2017

COLTON BOWERS, Plaintiff,
v.
TOYS "R" U.S. - DELAWARE, INC., JEFFREY POWELL, JADA MANGUM, and LOUISE HARKINS (a/k/a Louise Lawrence and a/k/a Louise Vanwagenen), Defendants.

          PROTECTIVE ORDER

         Pursuant to Rule 26 of the Federal Rules of Civil Procedure ("Fed. R. Civ. P."), and with the concurrence of the Court, 1. Whereas Plaintiffs Complaint includes, inter alia, claims arising under Title VII of the Civil Rights Act of 1964, as amended ("Title VII").

         2, Whereas in defense of Plaintiffs claims it may be necessary for Defendants to produce during discovery or otherwise utilize documents containing confidential and/or proprietary information, specifically including but not limited to personnel information, documents regarding personnel decision making, and other documents and information Defendant considers to be confidential and proprietary. Further, in prosecution of Plaintiff s case, it may be necessary for him to produce during discovery or otherwise utilize documents containing certain personal, private medical or financial information, In addition, the parties believe that there is the potential that third party witnesses may be required to produce documents and/or other testimony about topics that they consider confidential, including but not limited to personnel records.

         3. Whereas the Court concurs that the parties have an important interest in protecting the confidentiality of that information given its sensitive, proprietary and personal nature.

         It is hereby ORDERED, ADJUDGED and DECREED that:

         4, The parties and other potential third party witnesses may designate and mark as "Confidential" documents and information that they believe in good faith contains confidential and/or proprietary information where such information is held as confidential by the producing party, including but not limited to personnel information, personnel decision making information, other company confidential business information and/or trade secrets, and personal, private medical or financial information.

         5. Any document or information designated as "Confidential" shall be used by the parties only in connection with the above-captioned action and shall not be disclosed to, or used by, any person other than those identified hereafter under the conditions and limitations described herein, 6. Any document or information designated as "Confidential" by a party or other third party witness may only be disclosed by either party to:

a. the Court, as long as such document or information is filed under seal and the Clerk is hereby directed to accept such documents or information under seal;
b. counsel of record in this action;
c. the parties, their officers, directors and employees, as applicable, and only to the extent such disclosure is necessary to assist in the prosecution or defense of this matter;
d. law clerks, paralegals, legal assistants, stenographic and clerical employees of the parties' counsel who are assisting in the prosecution or defense of this matter, including in-house counsel for defendant Toys "R" Us;
e. independent experts working on behalf of one of the parties for the purposes of this litigation;
f. court reporters and support personnel of such court reporters retained in connection with depositions taken;
g. as to any particular document, its author, its addressee, and any other person indicated on the face of the document as ...

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