United States District Court, E.D. North Carolina, Western Division, Raleigh
DAVIS & PITT, P.A., Kevin G. Williams, Andrew A. Freeman
Attorneys for Plaintiff Metaformers, Inc. Local Civil Rule
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
MOORE LEATHERWOOD LLP, Elizabeth Sims Hedrick N.C. State Bar
No. 38513, Attorneys for Defendant InnoFin Solutions, LLC
Local Civil Rule 83.1 Counsel
& 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
W. FLANAGAN, United States District Judge
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.
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.
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.
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
(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
(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
(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.
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.
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