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Velocitel, Inc. v. Hardy

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

August 9, 2017

VELOCITEL, INC, d/b/a FDH VELOCITEL, Plaintiff,
v.
CORBIN HARDY, WAVE INSPECTION TECHNOLOGIES, INC. and SHANE BOONE, PH.D., Defendants.

          Lora A. Brzezynski. Claire M. Maddox Dentons U.S. LLP Attorneys for Defendant.

          Charles E. Raynal, IV Parker Poe Adams & Bernstein LLP PNC Plaza Attorneys for Defendant.

          M. ROBIN DAVIS JASON V. FEDERMACK Attorneys for Plaintiff.

          AMENDED STIPULATED PROTECTIVE ORDER GOVERNING DISCLOSURE OF CONFIDENTIAL AND/OR PROPRIETARY INFORMATION

          LOUISE W. FLANAGAN, United States District Judge.

         This Amended Stipulated Protective Order is made and entered into by and between Plaintiff VELOCITEL, INC. d/b/a FDH VELOCITEL (“Plaintiff”) and Defendant Shane Boone, Ph.D. (“Defendant”) by and through their respective counsel of record.

         1. As used in this Order, the following words and phrases shall have the following meanings:

a. “Party” or “Parties” mean any or all parties to this action, any signatories to this Order, their employees, agents and representatives.
b. “Document” shall be construed in its broadest sense and shall include but not be limited to every original (and every copy of any original or copy which differs in any way from any original) of any written, printed, typed, recorded, photographic, transcribed, or graphic or digital matter however produced or reproduced, including film impressions, magnetic tape, sound or mechanical reproductions, audiotapes, videotapes and/or any information contained within computer hard drives, storage discs, or any other means of storage or maintenance of electronic media.
c. “Confidential Material” means all documents, or portions of documents, as well as any copies, summaries, abstracts, testimony, electronically stored information, or any other items, derived from or containing information which a Party in good faith believes reveals confidential business or personal information of a sensitive nature that the Party designates as “CONFIDENTIAL” in accordance with this Order.

         2. The nature of the disputes in this action are such that confidential and/or proprietary information, including but not limited to documents, electronically stored information and other materials concerning the business or personal affairs of the Parties is likely to be the subject of discovery.

         3. During the pendency of this action, unless otherwise ordered by the Court, the following procedures shall govern the discovery and exchange of documents and information in the above-captioned action:

a. Documents and other material claimed to be Confidential Material shall, prior to production, be marked by the producing party as “CONFIDENTIAL” or by otherwise notifying counsel of this designation in writing. Copies, extracts, summaries, notes, and other derivatives of Confidential Material also shall be deemed Confidential Material and shall be subject to the provisions of this Order.
b. Stamping, printing or writing “CONFIDENTIAL” on the cover or first page of any multi-page document shall designate all pages of the document, unless otherwise specifically indicated by the producing party.
c. Documents and other material produced that are not identified as “CONFIDENTIAL” at the time of production by the producing Party may thereafter be identified as such by the producing Party, or by the Party or Parties receiving the production of such documents or material, by written notice served on each Party. Each Party who receives such written notice shall endeavor to retrieve any Confidential Material that may have been disseminated, shall affix the appropriate designation to it, shall notify all persons to whom such Confidential Material was disseminated of the restrictions on the use and dissemination of such information, and shall ...

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