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Severn Peanut Company, Inc. v. Hampton

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

August 30, 2017

SEVERN PEANUT COMPANY, INC. Plaintiff,
v.
KRISTI T. HAMPTON, individually; THOMAS HAMPTON, individually; KRISTI T. HAMPTON and THOMAS HAMPTON, jointly and as effectively a marital general partnership, Defendants.

          OLIVE & OLIVE, P.A. Attorneys for Plaintiff Susan Freya Olive, David McKenzie.

          SMITH MOORE LEATHERWOOD LLP Attorneys for Defendants J. Douglas Grimes.

          DORITY & MANNING, P.A. Attorneys for Defendants Steve LeBlanc.

          STIPULATED PROTECTIVE ORDER PURSUANT TO FED. R. CIV. P. 26(C)

          MARTIN REIDINGER, UNITED STATES DISTRICT JUDGE

         WHEREAS, this is an action for trademark infringement, in which matters pertaining to uses of the mark (including but not limited to confidential customer lists), alleged damages (including but not limited to confidential commercial and financial data), past and present confidential marketing plans, are already and are in the future anticipated to be the subject of discovery requests, and discovery in this case is likely to require production and disclosure, by both parties and third parties, of information that is confidential, proprietary or trade secret information, including without limitation those items discussed above together with other sensitive research, development, financial and commercial information; and

         WHEREAS, pursuant to Rule 26(c) of the Federal Rules of Civil Procedure and the stipulation of the parties, the parties agree, as evidenced by the signatures of the undersigned counsel, to the entry of the following Joint Protective Order (the “Order”) to govern this case.

         IT IS THEREFORE ORDERED that there is good cause for the entry of a protective order in the following form in order to expedite discovery and provide protection for confidential, proprietary and trade secret information of both the parties to this action and third parties who may be required to produce documents in this action:

         1. Information Subject to Being Designated “Confidential.” Any party, entity, or person claiming an interest in information produced or disclosed in the course of this action who reasonably and in good faith believes such information contains or constitutes, at the time of designation, confidential information, may designate it as such, whether the information is, or is in, a document, revealed during testimony at a deposition or hearing, revealed in answers to interrogatories or disclosed in other papers filed with the Court or served in this action. For purposes of this Order, CONFIDENTIAL information is defined as: (1) trade secrets or other information of a non-public nature considered by the producing party or person to be commercially or personally sensitive, confidential and/or proprietary; or (2) other sensitive or proprietary research, analysis, development, marketing, financial or commercial information, including information likely to be deemed sensitive by a non-party, as to which the entry of a protective order is necessary to protect the producing party from disclosure to anyone other those persons permitted by the terms of this Order in order to protect the party's confidential information, and to avoid loss of rights, unreasonable annoyance, embarrassment, oppression, or undue burden or expense as provided in Fed.R.Civ.P. 26(c).

         2. Designating Information “Confidential.” To designate a document or thing as containing CONFIDENTIAL information, the designating party shall:

a. For a document, place the term “CONFIDENTIAL” on each page of the document that is intended to be designated as CONFIDENTIAL, in a manner that will not interfere with the legibility of the document; and
b. For things, by affixing a label bearing the term “CONFIDENTIAL” on any things that may be produced; and
c. Where such labeling or affixation is not reasonably feasible (for example, on electronic documents produced in native form), shall provide some other reasonable form of notice of the designation at the time the document is produced;
d. With respect to deposition testimony, shall indicate any portion thereof as CONFIDENTIAL by either indicating on the record that all or any part of the deposition is subject to such designation or by notifying all parties in writing of such designation within twenty-one (21) days after the deposition transcript is prepared. All depositions shall be treated as CONFIDENTIAL until twenty-one (21) days after the deposition transcript is prepared.

         3. Information Subject to Being Designated “Attorneys' Eyes Only.” Any party, entity, or person claiming an interest in information produced or disclosed in the course of this action who reasonably and in good faith believes such information contains trade secrets or proprietary business information, such as but not limited to information relating to manufacturing methods, product development plans, or highly confidential business information such as marketing plans, supplier or customer lists, pricing plans or information, balance sheets, financials, or other highly confidential information which the producing party believes would put it at a competitive disadvantage or would involve information of a highly personal and sensitive nature may designate it as “ATTORNEYS' EYES ONLY, ” whether the information is contained in a document, revealed during testimony at a deposition or hearing, revealed in answers to interrogatories or disclosed in other papers filed with the Court or served in this action.

         4. Designating Information “Attorney's Eyes Only.” To designate a document “Attorneys' Eyes Only, ” the designating party shall add to the term CONFIDENTIAL the additional designation “ATTORNEYS' EYES ONLY, ” affixed in the same manner, and within the same time frames as set out above for the term CONFIDENTIAL. Specifically with respect to deposition testimony, all depositions shall be treated as CONFIDENTIAL- ATTORNEYS' EYES ONLY until twenty-one (21) days after the deposition transcript is prepared.

         5. Non-Disclosure of Protected Information. Information designated CONFIDENTIAL or CONFIDENTIAL - ATTORNEYS' EYES ONLY (“Protected Information”) shall not be disclosed to any person, nor shall the substance, essence or summary of what is contained in Protected Information be disclosed, except as authorized by this Order, by the written consent of the party who originally so designated the information, or pursuant to a subsequent order of this Court.

         6. Permissible Use of Protected Information. Protected Information may be used only for purposes of this ...


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