United States District Court, E.D. North Carolina, Western Division
A. Brzezynski. Claire M. Maddox Dentons U.S. LLP Attorneys
Charles E. Raynal, IV Parker Poe Adams & Bernstein LLP
PNC Plaza Attorneys for Defendant.
ROBIN DAVIS JASON V. FEDERMACK Attorneys for Plaintiff.
AMENDED STIPULATED PROTECTIVE ORDER GOVERNING
DISCLOSURE OF CONFIDENTIAL AND/OR PROPRIETARY
W. FLANAGAN, United States District Judge.
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.
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
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.
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
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
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
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 ...