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Bates v. Tippmann Sports, LLC

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

July 20, 2017

HILDA BATES, as Administrator of the Estate of Neman T. Bates, Plaintiff,
v.
TIPPMANN SPORTS, LLC, and DICKS SPORTING GOODS, INC., and GAYSTON CORPORATION, Defendants.

          Martin L. Brackett, Jr. Pearlynn G. Houck ROBINSON, BRADSHAW & HINSON, P.A. Attorneys for Plaintiff

          Jonathan R. Friedman Joseph J. Minock Weinberg Wheeler Hudgins Gunn & Dial, LLC Attorneys for Defendant Tippmann Sports, LLC

          CONSENT PROTECTIVE ORDER OF CONFIDENTIALITY

          Graham C. Mullen United States District Judge

         AS THE ABOVE-CAPTIONED CIVIL ACTION is currently in discovery, and it appearing that Plaintiff and Defendants, by and through counsel, believe that such discovery shall, or will, involve the production of documents and information of a confidential and proprietary nature, and it appearing that Plaintiffs and Defendants consent to the entry of this Order, the Court hereby ORDERS as follows:

         DEFINITIONS

         1. The following definitions shall apply to this Consent Protective Order of Confidentiality (hereinafter, the “Order”):

(a) The term “Confidential Information” as used in this Order shall include all confidential information not generally known outside of the producing party, including personal information of any type or manner or commercially sensitive information, proprietary business information, and/or trade secrets. Confidential Information shall also include documents that have been, or will be, produced in connection with the above-styled action (during formal discovery or otherwise); information produced by non-parties which the designating party or producing party is under an obligation to maintain in confidence; responses to discovery requests, deposition, hearing or trial transcripts; and/or any tangible things or objects.
(b) The term “designating party” shall mean the party producing or designating information as Confidential Information under this Order.
(c) The term “receiving party” shall mean the party to whom Confidential Information is produced under this Order.

         DESIGNATION OF CONFIDENTIAL INFORMATION

         2. Each designating party who produces or discloses Confidential Information shall designate it as such. When documents or things are produced for inspection and production, the documents or things may be designated as “Confidential” or “Confidential: Subject to Protective Order” by so stamping the first page of each such document; in such event, the documents and things shall be treated as Confidential Information.

         (a) If Confidential Information is produced or disclosed in electronic format, the designating party shall advise the receiving party that all or part of such electronically stored information (“ESI”) includes Confidential Information. If the designating party cannot stamp such ESI as “Confidential” or “Confidential: Subject to Protective Order, ” the receiving party shall stamp the same when printing the ESI.

         3. All parties to the above-styled action recognize that during the course of this litigation, Confidential Information that originated with or which is maintained by a third-party may be produced. Such information may be designated as “Confidential” or “Confidential: Subject to Protective Order” in accordance with Paragraph 2 and, in such event, shall be subject to the restrictions of this Order. If any Confidential Information is produced by a third-party, such third-party shall be considered a “designating party” within the meaning of this Order and Plaintiff and/or Defendants shall have the right to designate such information as Confidential Information.

         4. Testimony about Confidential Information at a deposition, hearing, or trial may be designated as “Confidential” by a statement to that effect on the record at the deposition, hearing, or trial, or within 45 days of receiving the transcript. Unless otherwise designated during the deposition or other pretrial testimony, ...


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