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Metaformers, Inc. v. Innofin Solutions, LLC

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

August 9, 2017

METAFORMERS, INC., Plaintiff,
v.
INNOFIN SOLUTIONS, LLC, Defendant.

          BELL DAVIS & PITT, P.A., Kevin G. Williams, Andrew A. Freeman Attorneys for Plaintiff Metaformers, Inc. Local Civil Rule 83.1 Counsel

          COHEN MOHR LLP, Russell J. Gaspar, Va. Bar No. 15020, Andrew K. Wible, Va. Bar No. 78168, Thomas Jefferson Street, N.W., Suite 504, Attorneys for Plaintiff Metaformers, Inc. Special Appearance

          SMITH MOORE LEATHERWOOD LLP, Elizabeth Sims Hedrick N.C. State Bar No. 38513, Attorneys for Defendant InnoFin Solutions, LLC Local Civil Rule 83.1 Counsel

          MINOR & BROWN, PC, Kim L. Ritter, Esq., CO Atty No. 22725, Eric J. Neeper, Esq., CO Atty No. 44447, Attorneys for Defendant InnoFin Solutions, LLC Special Appearance

          STIPULATED PROTECTIVE ORDER

          LOUISE W. FLANAGAN, United States District Judge

         Plaintiff Metaformers, Inc. commenced this action on March 10, 2017 against Defendant InnoFin Solutions, LLC asserting claims for violation of the Lanham Act (15 U.S.C. § 1125(a)(1)) and breach of contract (the “Action”). Plaintiff contends that Defendant made false representations while soliciting business from the City of Raleigh, the State of Georgia, and perhaps other state and local governmental entities. Plaintiff further contends that Defendant breached the contract between the parties when it disclosed confidential information belonging to Plaintiff and by soliciting a client of Plaintiff. The Defendant denies the allegations and has asserted twenty-two affirmative defenses. The parties anticipate exchanging information during discovery that is confidential, including information that is financial, proprietary or otherwise non-public and personal in nature. The parties desire to enter into this Stipulated Protective Order in order to protect their confidential information as defined below.

         Accordingly, the parties, through the undersigned counsel, stipulate and agree, pursuant to Fed. R. Civ. Proc. 26(c), that the provisions of this Protective Order (the “Order”) shall govern the disclosure and use by the parties of all documents, testimony, exhibits, interrogatory answers, responses to requests to admit and any other material and information disclosed or provided in the Action.

         1. All information produced or disclosed in this Action shall be used solely for the prosecution or defense (including any appeal therefrom) of the Action, and shall not be used for any other purpose.

         2. When used in this Order, the term:

(a) “Confidential Information” shall mean all documents and testimony, and all information contained therein, containing confidential development, financial, proprietary or commercial information that may be subject to a protective order under Fed. R. Civ. Proc. 26(c); and all confidential, non-public personal information that is protected from disclosure by statute, regulation or otherwise.
(b) “Disclosing Party” shall refer to any party to this Action and any non-party disclosing or producing Confidential Information in connection with this Action.
(c) “Discovery Material” shall refer to all items or information that are produced or generated in disclosures or responses to discovery in this Action, regardless of the medium or manner in which it was stored, generated or maintained.
(d) “Document” shall have the meaning provided in Fed. R. Civ. Proc. 34, and shall include, without limitation, electronically stored information, all original, written, recorded, electronic or graphic materials, and all copies, duplicates or abstracts thereof including, but not limited to, notes on documents including information contained therein or derived therefrom.
(e) “Receiving Party” shall refer to any party to this Action and any non-party that receives Confidential Information.
(f) “Expert” and “Consultant” shall mean a person who is not a party to this Action or an employee, officer, director, member, or partner of, or Counsel to, a party; and who is designated or retained by a party to provide expert testimony or non-testifying consulting services in connection with this Action.

         3. Designation by a Disclosing Party of Discovery Material as Confidential Information constitutes a representation that such Discovery Material has been reviewed by counsel and that there is a good faith basis for such designation.

         4. A Receiving Party shall not make copies of Confidential Information except as reasonably necessary for the purposes of this Action and subject to the limitations on the use of information set forth in this Stipulated Protective Order. Unless otherwise ordered by the Court or permitted in writing ...


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