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Sprint Communications Company, L.P. v. Fairpoint Communications, Inc.

United States District Court, W.D. North Carolina

August 9, 2017

SPRINT COMMUNICATIONS COMPANY, L.P. Plaintiff-Counterclaim Defendant
v.
FAIRPOINT COMMUNICATIONS, INC. Defendant-Counterclaim Plaintiff.

          Amy E. Richardson Harris, Wiltshire & Grannis LLP Steven A. Fredley (pro hac vice), Deepika Ravi (pro hac vice) Counsel for Sprint Communications Company, L.P.

          Susan R. Podolsky (pro hac vice) Susan L. Sowell Sr. Vice President, Deputy General Counsel and Head of Compliance FairPoint Communications, Inc. Counsel for Defendant FairPoint Communications, Inc.

          CONSENT PROTECTIVE ORDER

          Graham C. Mullen, United States District Judge.

         Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, and it appearing that discovery in the above-captioned action is likely to involve the disclosure of confidential information, and good cause appearing, it is hereby ORDERED that:

         1. This Protective Order governs the designation, disclosure and use of confidential information by Plaintiff and Defendant in the above-identified action. This Order shall govern until modified or superseded by a further Order of the Court.

         2. The scope of this Protective Order shall be as follows:

(a) As used in this Protective Order, the term “Discovery Materials” encompasses, but is not limited to: any type of document or testimony; any taped, recorded, filmed, electronic, written or typed matter, including the originals and all marked copies, whether different from the originals by reason of any notation made on such copies or otherwise; all deposition testimony; all interrogatories, document requests, requests for admission, and subpoenas duces tecum, including all responses thereto; and any physical objects or things or other information gained by inspection of any tangible thing.
(b) This Protective Order shall govern any and all Discovery Material produced before or after entry of this Protective Order and includes, but is not limited to, Discovery Material produced in response to any discovery conducted by Plaintiff or Defendant in this above-captioned case. Nothing in this Protective Order prevents Plaintiff, Defendant or a non-party from designating Discovery Material pursuant to this Protective Order, including Discovery Material produced in other litigation.
(c) Non-parties may invoke the protection of this Protective Order for documents and deposition testimony and exhibits provided in connection with this litigation including, but not limited to, documents and deposition testimony and exhibits provided in response to subpoenas served on those third parties, and all confidential information of non-parties as contained in such documents and depositions shall be protected hereunder in the same manner as the confidential information of the parties to this Protective Order as long as the nonparty agrees to be bound by this Protective Order and those subsequent amendments to this Protective Order concerning which the nonparty has received written notice and an opportunity to seek a Protective Order.

         3. Plaintiff and Defendant, and any non-party from whom discovery is sought in connection with this action, may designate as “Confidential” any Discovery Material that contains “Confidential Information, ” as more specifically defined in Paragraph 4 below. Plaintiff and Defendant, and any non-party from whom discovery is sought in connection with this action, may designate as “Highly Confidential - Attorneys' Eyes Only” any Discovery Material that contains “Highly Confidential Information, ” as more specifically defined in Paragraph 4 below. Except as provided in Paragraphs 11-13, no designation shall be effective unless there is placed or affixed on such material a “Confidential” or “Highly Confidential - Attorneys' Eyes Only” marking.

         4. No designation of confidentiality shall be made unless the designating party or non-party from whom discovery is sought believes in good faith that the designated Discovery Material constitutes a trade secret or other confidential research, development, or commercial information entitled to protection under Rule 26(c) of the Federal Rules of Civil Procedure (herein, “Confidential Information”). Designation of Discovery Material as “Highly Confidential - Attorneys' Eyes Only” shall be limited to Discovery Material which the designating party in good faith believes contains competitively sensitive information entitled to protection under Rule 26(c) of the Federal Rules of Civil Procedure. Discovery Material designated “Confidential” or “Highly Confidential - Attorneys' Eyes Only” pursuant to this Order shall refer to any so designated document, testimony, or other Discovery Material and all copies thereof, and shall also refer to the information contained in such material and any summaries thereof.

         5. Until or unless the Court rules otherwise, Discovery Material marked or otherwise designated as “Confidential” and the information contained therein, shall be maintained in confidence by the party to whom such material is produced and shall not be disclosed to any person except:

(a) Outside counsel for Plaintiff and Defendant in the above-identified litigation, such counsel including their clerical, litigation support and paralegal employees who agree to be bound by and comply with the terms of this Protective Order. As used herein “outside counsel” shall mean attorneys for the respective firms who have entered appearances on behalf of Plaintiff and Defendant in this above-captioned litigation and attorneys or firms retained by counsel of record in connection with this Action.
(b) Current and former in-house employees of Plaintiff and Defendant to whom disclosure is reasonably necessary for this litigation.
(c) Consultants / experts for each of the Plaintiff and Defendant, said consultants / experts specifically engaged by counsel or a party to assist in this litigation; provided however, that i) the consultant / expert has signed an undertaking in the form of the attached Exhibit A, which such undertaking shall be maintained by counsel for the party specifically engaging the consultant / expert until the conclusion of this litigation; and ii) the ...

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