Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

M.J. Woods, Inc. v. Little Rapids Corp.

United States District Court, W.D. North Carolina, Asheville Division

August 23, 2017

M.J. WOODS, INC., Plaintiff,
v.
LITTLE RAPIDS CORPORATION, Defendant.

          PROTECTIVE ORDER

          Dennis L. Howell, United States Magistrate Judge

         Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, and based upon the agreement and stipulation of the parties, this Protective Order is hereby adopted and entered by the Court. In the absence of a contrary agreement of the parties or further Order by the Court, all information and documents produced in the course of discovery in the above-captioned action shall be subject to the following:

         1. Definitions.

a. “Classified Information” means all “CONFIDENTIAL INFORMATION” and “ATTORNEYS EYES ONLY INFORMATION.”
b. “CONFIDENTIAL INFORMATION” means any information determined by the producing party, or a party to this litigation if the document or information is produced by a non-party, acting in good faith, to include non-public proprietary, business, technical, or financial information, commercially or competitively sensitive information, including confidential research or development information, trade secrets, or medical or personal information which implicates privacy interests.
c. “ATTORNEYS EYES ONLY INFORMATION” means that Confidential Information determined by the producing party, or a party to this litigation if the document or information is produced by a non-party, acting in good faith, to be of such a fundamentally sensitive nature that disclosure to an opposing party has the potential to cause economic harm or significant competitive disadvantage to the producing party, or to be detrimental to the producing party's interests.

         2. M.J. Woods, Inc. and Little Rapids Corporation, may in their sole discretion designate any documents or other information produced during discovery as “CONFIDENTIAL INFORMATION” or “ATTORNEYS EYES ONLY INFORMATION” if they, in good faith, believe that the designated material falls within the definitions set forth above. A party shall have the same right to designate as “CONFIDENTIAL INFORMATION” or “ATTORNEYS EYES ONLY INFORMATION” any documents or other information produced by a non-party, subject to the terms set forth in Paragraph 3 below.

         3. A party that receives documents, including electronically stored information, pursuant to a subpoena shall promptly notify the counsel of record for the other party within five (5) business days of receipt. Counsel for the other party shall then bear the responsibility of requesting, within five (5) business days of the notice, a copy of any responsive documents from the receiving party. The other party shall bear the reasonable costs of obtaining a copy of any responsive documents from the receiving party. All parties will have fifteen (15) days from the date of receipt of the documents in which to designate the documents or information “CONFIDENTIAL INFORMATION” or “ATTORNEYS EYES ONLY INFORMATION, ” where appropriate (“Review Period”). During the Review Period, all documents shall be temporarily treated as ATTORNEYS EYES ONLY.

         4. Designation of Classified Information must be made by placing or affixing on each page of the document, in a manner that will not interfere with its legibility, the words “CONFIDENTIAL” or “ATTORNEYS EYES ONLY, ” in order to clearly signify that the document includes Classified Information.

         5. If a party believes that any material produced or disclosed in the course of discovery has been improperly designated as CONFIDENTIAL INFORMATION or ATTORNEYS EYES ONLY INFORMATION, it may, at any time, contest the appropriateness of that designation by notifying the designating party (or non-party) in writing and identifying the particular information or material for which the designation is contested. If the parties (or non-parties) are unable to come to an agreement regarding the contested designation within 10 business days of the notice contesting the designation, a party may challenge the designation by filing a motion with the Court. The movant must accompany such a motion with a statement demonstrating that it has made a good faith effort to resolve the challenge through discussion with the designating party (or non-party). In any such challenge, the designating party (or non-party) bears the burden of proving that its designation complies with the terms of this Protective Order.

         6. Subject to Paragraphs 10 and 11 of this Order, documents or other information marked as CONFIDENTIAL INFORMATION may be used only in connection with the above-captioned litigation and shall not be disclosed, displayed, shown, made available, or communicated in any way to anyone other than the following:

a. The parties;
b. The parties' counsel along with their partners, associates, paralegals, and/or support and office staffs;
c. Clerks, copying services, and/or other administrative support retained to make copies of documentary ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.