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Univar USA, Inc. v. Thanos

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

October 17, 2017

UNIVAR USA, INC., a Delaware corporation, Plaintiff,
v.
TAYLOR THANOS, a North Carolina resident, Defendant.

          PROTECTIVE ORDER REGARDING DISCOVERY FROM CHEM-SOLV

          David S. Cayer, Judge

         This matter came before the Court following the entry of an order granting Plaintiff's Motion to Compel Compliance with Subpoena to Chem-Solv on October 5, 2017 (document #67). The Court directed Plaintiff and Chem-Solv to submit a protective order including an "Attorney's Eyes Only" designation. In accordance with the Court's order, the Parties having agreed to the following, and for good cause shown, IT IS HEREBY ORDERED as follows:

         1. Scope

         This Order applies to all products of discovery and all information derived therefrom, including, but not limited to, all documents, data compilations, electronically stored information, computer disks, objects or things, deposition testimony, affidavits, interrogatory/request for admission responses, or any other media on which information is recorded, and any copies, excerpts or summaries thereof, obtained by any party pursuant to the requirements of any court order, request for production of documents, request for admissions, interrogatory, or subpoena (collectively, “Discovery Materials”). This Order does not affect any person's or entity's use of its own information or documents, nor does it affect the use of any information or documents at trial.

         2.Confidential” Material Defined; "Attorney's Eyes Only" Material Defined

         For the purposes of this Order, Discovery Materials may be designated as “Confidential” or "Attorney's Eyes Only" pursuant to Paragraph 4 of this Order. A Designating Entity may designate as “Confidential” any discovery material it reasonably and in good faith believes to contain confidential business information, sensitive financial information, or highly sensitive personal information. A Designating Entity may designate as "Attorney's Eyes Only" any discovery material it reasonably and in good faith believes to contain trade secret or high highly confidential business information which could cause the Designating Entity harm if revealed to its competitor.

         For the purposes of this Order, a “Designating Entity” means Plaintiff or Chem-Solv.

         For the purposes of this Order, “Designated Material” means any material that meets the definition of “Confidential” or "Attorney's Eyes Only" under this Order, and that has been so designated by any Designating Entity.

         3. Use of Designated Material

a. Unless otherwise expressly permitted by this Court or by express written agreement of the parties, all Designated Material produced or discovered in this case designated as "Confidential" shall be used solely for the prosecution or defense of this case, and shall not be used for any other purpose, including, but not limited to, any other litigation or judicial proceedings, or any business, competitive, or commercial purpose or function.
b. Unless otherwise expressly permitted by this Court or by express written agreement of the parties, all Designated Material produced or discovered in this case designated as "Attorney's Eyes Only" shall be used solely for the prosecution or defense of this case and shall not be used for any other purpose, including, but not limited to, any other litigation or judicial proceedings, or any business, competitive, or commercial purpose or function.

         4. Procedure for Designating Material

         A Designating Entity shall designate “Confidential” or "Attorney's Eyes Only" material in the following manners:

a. In the case of documents or other written materials, by affixing the word “Confidential” or "Attorney's Eyes Only" by stamp or other method which will make such word conspicuous to each page of the document the Designating Entity wishes to designate.
b. In the case of electronic data, including but not limited to information produced on a hard drive, cd-rom, dvd-rom, thumb drive, or other electronic media (“medium of production”), by providing written notice to all parties requesting production identifying the material being designated as “Confidential” or "Attorney's Eyes Only." To the extent possible, the Designating Entity shall also label the medium of production with the appropriate designation. However, any failure or inability to affix such label to the medium of production shall not waive any protection provided by this Order.
c. In the case of written discovery or pleadings, by affixing the word or phrase “Confidential” or "Attorney's Eyes Only" by stamp or other method to the portions so designated.

         5. Permissible Disclosures of “Confidential” Material

         Except as otherwise agreed in writing by the Designating Entity or as ordered by the Court, material designated as ...


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