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Federal Trade Commission v. ACDI Group

United States District Court, W.D. North Carolina

October 24, 2017

Federal Trade Commission, Plaintiff,
v.
ACDI Group, et al. Defendants.

          Nikhil Singhvi, Michael White FEDERAL TRADE COMMISSION Attorneys for Plaintiff

          Laura H. Budd The Budd Law Group, PLLC, Attorney for Defendants

          FIRST AMENDED PROTECTIVE ORDER

          Graham C. Mullen, United States District Judge

         Upon stipulation of the parties, and finding good cause therefor, the Court enters this amended protective order pursuant to Fed.R.Civ.P. 26(c).

         All material obtained in the pretrial discovery of this litigation is presumptively public unless it satisfies the conditions set out herein.

         DEFINITIONS

         A. “Confidential Material” is material produced or received in pretrial discovery that (a) contains Sensitive Personal Information; or (b) has been certified as Confidential Material by an attorney pursuant Paragraph 1.

         B. “Attorneys' Eyes Only Confidential Material” is material produced or received in pretrial discovery that has been certified as Attorneys' Eyes Only Confidential Material by an attorney pursuant Paragraph 11.

         C. “Sensitive Personal Information” means any (a) Social Security number; (b) sensitive health-related data including medical records; (c) biometric identifier; or (d) any one or more of the following when combined with an individual's name, address, or phone number: (i) date of birth, (ii) driver's license or other state identification number, or a foreign equivalent, (iii) military identification number, (iv) passport number, (v) financial institution account number, (vi) credit or debit card number; or (e) other sensitive information relating to an individual entitled to confidential status under applicable law or by order of this Court.

         PROVISIONS FOR TREATMENT OF CONFIDENTIAL MATERIAL

         1. An attorney producing material in discovery may designate material as “Confidential Material” if the attorney certifies in good faith that the material contains:

(i) Sensitive Personal Information, or
(ii) trade secret(s) or other confidential research, development, or commercial information that is not known to be in the public domain and that, if disclosed to unauthorized persons, would cause competitive or other recognized harm; and that good cause exists to overcome the presumption of public access to material obtained in pretrial discovery.
a. The certifying attorney must only designate specific materials that qualify for this designation. Mass, indiscriminate or ...

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