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Vineyard Vines, LLC v. Carolina Moon Graphics, LLC

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

August 31, 2017

Vineyard Vines, LLC, Plaintiff/Counterclaim-Defendant
v.
Carolina Moon Graphics, LLC, dba Moon Street USA, Defendant/Counterclaim-Plaintiff

          Larry C. Jones ALSTON & BIRD LLP Attorneys for Plaintiff/Counterclaim-Defendant, Vineyard Vines, LLC.

          Benjamin F. Sidbury BRYAN CAVE LLP Attorneys for Defendant/Counterclaim- Plaintiff, Carolina Moon Graphics, LLC dba Moon Street USA.

          STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER

          ROBERT T. NUMBERS, II UNITED STATES MAGISTRATE JUDGE.

         WHEREAS, the parties to this action (collectively the "Parties" and individually a "Party") request that this Court issue a protective order pursuant to Federal Rule of Civil Procedure 26(c) to protect the confidentiality of nonpublic and competitively sensitive information that they may need to disclose in connection with discovery in this action;

         WHEREAS, the Parties, through counsel, agree to the following terms; and

         WHEREAS, this Court finds good cause exists for issuance of an appropriately tailored confidentiality order governing the pretrial phase of this action.

         IT IS HEREBY ORDERED that any person subject to this Order - including without limitation the Parties to this action (including their respective successors and assigns), their representatives, agents, experts and consultants, all third parties providing discovery in this action, and all other interested persons with actual or constructive notice of this Order - will adhere to the following terms, upon pain of contempt:

         IT IS HEREBY ORDERED THAT:

         1. With respect to "Discovery Material" (i.e. information of any kind produced or disclosed in the course of discovery in this action) that a Party or nonparty has designated as "CONFIDENTIAL" or "CONFIDENTIAL/ATTORNEYS' EYES ONLY" ("Designated Discovery Material" or "Confidential Information") pursuant to this Order, no person subject to this Order may disclose such Discovery Material to anyone else except as this Order expressly permits.

         2. This order (the "Order" or "Protective Order") shall apply to all information, documents and things designated CONFIDENTIAL or CONFIDENTIAL/ATTORNEYS' EYES ONLY by a Party or nonparty as provided in this Protective Order.

         3. Discovery Material shall be designated "CONFIDENTIAL" or "CONFIDENTIAL/ATTORNEYS' EYES ONLY" by identifying and labeling such information CONFIDENTIAL or CONFIDENTIAL/ATTORNEYS' EYES ONLY in a manner that will not interfere with legibility or audibility:

         a. A Party and/or nonparty may designate information or material CONFIDENTIAL only if it, in concurrence with its counsel, if it has counsel, in good faith believes the information to constitute, contain, reveal or reflect proprietary or confidential financial, business, technical, personnel, or related information. A Party and/or nonparty may designate information or material CONFIDENTIAL/ATTORNEYS' EYES ONLY only if it, in concurrence with its counsel, if it has counsel, in good faith believes the information to constitute, contain, reveal or reflect proprietary, confidential or trade secret information of an extremely sensitive nature.

         b. In the case of information or material disclosed in these proceedings or disclosed as a result of discovery, the producing entity shall identify and mark Designated Discovery Material at the time when an affidavit, pleading or memoranda is served, when a discovery response is served, when a copy of a document is provided, or at the time of the inspection of the premises or thing.

         c. In the case of a deposition transcript, the designating entity shall advise counsel of the specific pages and exhibits to be maintained in confidence within fourteen (14) calendar days after its actual receipt of the transcript. The Party or nonparty asserting confidentiality shall mark the specific pages and exhibits so designated CONFIDENTIAL or CONFIDENTIAL/ATTORNEYS' EYES ONLY and shall send a list and/or copy of such designated pages to the Parties and the Court Reporter who shall conform all copies of the material in their possession to reflect such confidentiality designation and shall re-bind separately those portions of the testimony and/or exhibits designated as Confidential Information and shall mark the face of the ...


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