United States District Court, E.D. North Carolina, Western Division
C. Dever, III Judge
STIPULATED PROTECTIVE ORDER
B. Jones, Jr. United States Magistrate Judge
and discovery activity in this Action are likely to involve
production of confidential, proprietary, or private
information for which special protection from public
disclosure and from use for any purpose other than
prosecuting this Action may be warranted. Accordingly, the
Court hereby issues the following Protective Order. This
Order does not confer blanket protections on all disclosures
or responses to discovery. Rather, the protection it affords
from public disclosure and unauthorized use extends only to
the limited information or items that are entitled to
confidential treatment according to the terms of this Order.
The parties to this Action may modify or replace this order
according to the provisions of Section 10 below.
The "Action" shall refer only to
the above-captioned case(s) and shall not include related
cases unless this Protective Order is amended to explicitly
cover such related cases.
The "Agreement" shall refer to the
Agreement to Be Bound attached hereto as Appendix A. All
executed Agreements to this Protective Order are Confidential
Information pursuant to this Protective Order.
"Confidential Information" shall mean
information (regardless of how it is generated, stored, or
maintained) or tangible things that qualify for protection
under Federal Rule of Civil Procedure 26. Confidential
Information not designated under a more restrictive
designation shall be marked or otherwise designated
"Designated In-House Counsel" shall mean
In-House Counsel who seek access to "Highly Confidential
Information" in this Action.
"Disclosure or Discovery Material" shall
mean all items or information, regardless of the medium or
manner in which it is generated, stored, or maintained
(including, among other things, testimony, transcripts, and
tangible things), that are produced or generated in
disclosures or responses to discovery in this matter.
"Expert" shall mean a person with
specialized knowledge or experience in a matter pertinent to
the litigation who (1) has been retained by a Party or its
counsel to serve as an expert witness or as a consultant in
this Action, (2) is not a current employee of a Party for
purposes other than this Action, and (3) at the time of
retention, is not anticipated to become an employee of a
"Final Disposition" shall mean
that (1) final judgment has been entered and any appeals of
the final judgment have concluded, or (2) all claims of any
kind asserted in the Action have been dismissed with
prejudice by the Party or Parties who brought such claims.
"Highly Confidential Information" shall
mean extremely sensitive "Confidential
Information," the disclosure of which to another Party
or Non-Party would create a substantial risk of serious harm
that could not be avoided by less restrictive means. Highly
Confidential Information not designated with a more
restrictive designation, to the extent possible, shall be
marked or otherwise designated "HIGHLY CONFIDENTIAL -
OUTSIDE COUNSEL ONLY."
"Highly Confidential Information - Source
Code" shall mean extremely sensitive
"Confidential Information" that defines or
otherwise describes in detail the algorithms or structure of
software or hardware designs, disclosure of which to another
Party or Non-Party would create a substantial risk of serious
harm that could not be avoided by less restrictive means.
Highly Confidential Information - Source Code shall be marked
or otherwise designated "HIGHLY i
CONFIDENTIAL - SOURCE CODE - OUTSIDE COUNSEL ONLY."
"In-House Counsel" shall mean attorneys
who are employees of a Party or Non-Party. In-House Counsel
does not include Outside Counsel.
"Non-Party" shall mean any natural person,
partnership, corporation, association, or other legal entity
not named as a Party to this Action
"Outside Counsel" attorneys who are not
employees of a Party to this Action but are retained to
represent or advise a Party to this Action and have appeared
in this Action on behalf of that Party or are affiliated with
a law firm which has appeared on behalf of that Party.
"Party" shall mean any party to this
Action, including all of its officers, directors, employees,
consultants, Experts, and Outside Counsel (and their support
"Producing Party" shall mean a Party or
Non-Party that produces Disclosure or Discovery Material in
this Action. Any Producing Party may designate information or
items under the provisions of this Protective Order.
"Professional Vendors" shall mean persons
or entities that provide litigation support services (e.g.,
photocopying; videotaping; translating; preparing exhibits or
demonstrations; and organizing, storing, or retrieving data
in any form or medium) and their employees and
"Protected Material" shall mean any
Disclosure or Discovery Material that is designated under
this Protective Order.
"Receiving Party" shall mean a Party or
Non-Party that receives Disclosure or Discovery Material in
Manner and Timing of Designations. Designation under
this Order requires the Producing Party to affix the
applicable legend ("CONFIDENTIAL," "HIGHLY
CONFIDENTIAL - OUTSIDE COUNSEL ONLY," or "HIGHLY
CONFIDENTIAL - SOURCE CODE -OUTSIDE COUNSEL ONLY") to
each page or item that contains or embodies protected
material. For testimony given in a deposition or other
proceeding, the Producing Party shall specify all protected
testimony and the level of protection being asserted. It may
make that designation during the deposition or proceeding, or
may invoke, on the record or by written ...