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Yale v. Communityone Bank, N.A.

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

October 20, 2017

ALBERT YALE, et al., Plaintiffs,
v.
COMMUNITYONE BANK, N.A., Defendant.

          Jonathan F. Andres, Attorney for Plaintiffs

          H. Landis Wade, Jr., Attorney for Defendant

          CONSENT PROTECTIVE ORDER

          David S. Cayer United States Magistrate Judge

         Pursuant to Rule 26 of the Federal Rules of Civil Procedure, and by and with the consent of the parties through their counsel of record by counsels' authorized electronic signatures below, it is hereby ordered by the Court, as follows:

         1. Protection of Confidential Discovery Materials. Except as set forth below in this paragraph, until further Order by the Court for good cause shown, any document produced by any party or third party which the party or third party deems to be confidential and which is stamped "Confidential", as well as deposition testimony concerning a document marked "Confidential", as well as other deposition testimony designated as "Confidential" by any party or third party, as well as the information contained therein (hereinafter collectively referred to as "Confidential Discovery Materials") shall be used by the receiving party only as set forth in this Order. The parties shall not mark documents Confidential which, on the face of the documents, appear to be public records. Examples of documents the parties may mark “Confidential” include non-public consumer financial information, bank policies and procedures, personnel records, personal financial information and bank account and other bank related documents.

         2. Persons Entitled to Review Confidential Information. Subject to the provisions of paragraph 15 below, any matter designated as "Confidential" by a party or a third party may only be disclosed to the following persons:

a. Attorneys of record for the parties in this action, and the staff of their respective law firms or in-house legal departments, working on this case;
b. Outside vendors or service providers that counsel hire to perform technical services in this matter, provided they agree to honor the confidentiality of the documents;
c. Any person a party retains to serve as an expert witness or any non-testifying consulting expert otherwise engaged to provide specialized advice to counsel in connection with this action on a need-to-know basis (these persons must sign Exhibit A);
d. As to any document, its author, its addressee, and any other person indicated on the face of the document as having received a copy;
e. The parties, as well as the officers, directors, employees, spouses, and adult children of the parties in this litigation, but only to the extent disclosure is necessary to assist in the prosecution or defense of this litigation(these persons must sign Exhibit A);
f. Deponents, during the course of, or in preparation for their scheduled depositions, provided that such deponents are not given and do not retain copies of the documents, or any notes, digests, extracts or complete or partial summaries regarding the documents (unless they are authorized persons under 4e above who have signed Exhibit A). Deponents who are shown such documents in preparation for their depositions must sign Exhibit A before reviewing the documents. Deponents who are shown the documents for the first time in a deposition and who have not previously signed Exhibit A must be asked to sign Exhibit A before being shown the document, and if they refuse to do so, they must be advised of their obligation to keep the contents of the document confidential as required by this Order.
g. Former employees of the parties and of the predecessors of the parties in this litigation, but only to the extent disclosure is necessary to assist in the prosecution or defense of this litigation (these persons must sign Exhibit A);
h. The Court, including any mediator appointed or designated to mediate this case, subject to the provisions of this Order concerning the filing ...

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