United States District Court, W.D. North Carolina, Charlotte Division
MARGARET L. WHITE, Plaintiff,
BUCKEYE FIRE EQUIPMENT COMPANY, Defendant.
S. Sohm N.C. Bar No. 40796 The Law Firm of Ross S. Sohm, PLLC
Attorney for Plaintiff
Sabrina Presnell Rockoff N.C. Bar No. 28754 Murphy H.
Fletcher N.C. Bar No. 44471 McGuire, Wood & Bissette,
P.A. Attorneys for Defendant Buckeye Fire Equipment Company
CONSENT PROTECTIVE ORDER
S. Cayer, United States Magistrate Judge
PROTECTIVE ORDER AS TO THE PRODUCTION OF CONFIDENTIAL
parties, having consented, hereby respectfully request that
the following Protective Order, pursuant to Fed.R.Civ.P.
26(c), be entered upon approval of the Court.
herein, the word(s) “document” or
“documents” shall be taken to mean (a) all
papers, documents, recordings of any kind, and printed
materials produced, furnished by, or obtained from Buckeye
Fire Equipment Company (“Defendant”) and/or
Plaintiff through discovery in this action on or after the
date this action was filed; (b) all copies, extracts, and
complete or partial summaries prepared from such papers or
documents; (c) portions of deposition transcripts and
exhibits thereto which quote or reference directly the text
of any such papers, documents, copies, extracts, or
summaries; (d) portions of briefs, memoranda, or any other
writings filed with the Court and exhibits thereto, which
quote or reference the contents of any such papers,
documents, copies, extracts, or summaries.
as used herein, the words “Confidential
Documents” shall be taken to mean: (a) all documents
containing any trade secrets or proprietary information,
including but not limited to documents that contain business
information that would place the producing party at a
competitive disadvantage should such information be released
to a competitor; (b) medical records; (c) personnel and
payroll records and files; (d) financial records and data;
(e) business records and data; and (f) any other documents
specifically designated and clearly marked as
“Confidential” by either party.
IS HEREBY ORDERED that:
Confidential Documents, together with information contained
therein or obtained therefrom, produced by Plaintiff and/or
Defendant shall be treated as confidential by all parties to
this litigation and shall be used exclusively in connection
with this litigation.
Confidential Documents shall be exhibited, or shown to any
person except: (a) named parties and attorneys of record
representing named parties in this case; (b) persons employed
by such attorneys in the preparation and trial of this case;
(c) officers, agents, managers, and employees of Defendant
assisting counsel in preparation of the defense of this
action; (d) deposition or potential trial witnesses who
already know or have a need to know the content of the
document; (e) officials of the Court; and (f) any other
individuals with prior written consent by both parties or by
order of the Court. Any person to whom disclosure is made
shall be furnished with a copy of this Protective Order and
shall be subject thereto.
inadvertently produced document about which a claim of work
product or attorney/client privilege is asserted will be
returned to its rightful owner, without any copies being made
or retained, and will be regarded as not having been
4. If a
Party (the “Filing Party”) seeks to file a
Confidential Document so designated by the Opposing Party
(the “Designating Party”), the Filing Party shall
consult with the Designating Party regarding whether the
document shall be filed under seal with the Court. If the
Designating Party requests that the Confidential Document be
filed under seal, then the Filing Party shall file the
document under seal with an accompanying Motion to Seal the
Confidential Document pursuant to and in accordance with
Local Rule 6.1.
Should either party object to the confidentiality of any
document pursuant to this Order, the objecting party may
apply to the Court by motion for a ruling that the document
shall not be so treated, after giving ten (10) days'
written notice of such objection to the other party. Until
the Court rules upon such a motion regarding the
confidentiality of a document, the subject document shall be
afforded the confidential treatment provided for in this
Plaintiff will be entitled to full access to documents
produced to Plaintiff and subject to this Order and all
copies thereof for review; except that with respect to
documents produced by Defendant that contain personnel or
medical information regarding current or former employees of
Defendant (other than Plaintiff), at all times
Plaintiff's counsel will retain sole possession of ...