United States District Court, E.D. North Carolina, Western Division
WENDY G. CARROLL, ADMINISTRATOR OF THE ESTATE OF THOMAS ANTHONY CARROLL, DECEASED, Plaintiff,
OAKLEY TRUCKING, INC., AND THAD AUSTIN PITTMAN, Defendants.
CRABTREE, CRABTREE, CARPENTER & CONNOLLY, PLLC, THE
JERNIGAN LAW FIRM, LEONARD T. JERNIGAN, JR., KRISTINA B.
THOMPSON, Attorneys for Plaintiff Wendy G. Carroll,
Administrator of the Estate of Thomas Anthony Carroll,
PRUET, PLLC, JAMES W. BRYAN, Jonathan W. Massell, Attorneys
for Defendants Oakley Trucking, Inc. and Thad Austin Pittman
CONSENT PROTECTIVE ORDER
B. Jones, United States Magistrate Judge.
and Defendants (the "Parties") agree that the above
action may involve the production or disclosure of personal,
confidential, sensitive or proprietary business information,
or trade secrets (collectively referred to as
"Confidential Information"), and hereby stipulate,
subject to approval by the Court, to the following as a
Protective Order which shall govern the production or
disclosure of Confidential Information to ensure continued
confidentiality during the case.
Protective Order governs the production or disclosure of all
Confidential Information produced by the parties during the
course of discovery, hearings, or trial in this action.
Additionally, any portion of a deposition transcript,
pleading, or other document into which Confidential
Information is placed or quoted shall also be considered
connection with this action, any non-public document,
material, or information may be designated as
"CONFIDENTIAL". The producing party shall be
obligated to designate only documents or information which it
believes in good faith to be information within the scope of
Rule 26(c) of the Federal Rules of Civil Procedure.
term "CONFIDENTIAL" applies to information,,
testimony, documents, and data which is determined by the
producing party, acting in good faith, to be non-public and
to be proprietary, financial, business confidential
information, or protected personal medical information. The
term "document" means all written, recorded,
graphic, computer maintained, electronic, or digital data or
material, regardless of its means of transmittal.
documents, material or information may be designated
"CONFIDENTIAL" by furnishing a separate written
notice to the receiving party specifically identifying the
items or their designation, or by stamping the legend
"CONFIDENTIAL" on each page of the documents,
material, or information prior to production.
party may designate any portion or all of a deposition as
Confidential Information by notifying the other parties on
the record during the deposition or in writing within 15 days
of the receipt of the transcript. Until expiration of the 15
day period, the entire deposition will be treated as subject
to protection against disclosure under this Order. Deponents
shall not retain or copy portions of the transcript of their
depositions that contain Confidential Information not
provided by them or the entities they represent or are
associated with unless the deponent first executes a written
"Acknowledgement" in the form attached. A deponent
who is not a party or a representative of a party shall be
furnished a copy of this Order before being examined about
FAILURE TO DESIGNATE
to designate or stamp as "CONFIDENTIAL" at the time
of production shall not be a waiver of the protection for
Confidential Information, provided that counsel promptly
notifies the receiving party upon realizing the failure.
However, the receiving party shall not be in violation of
this Protective Order for any disclosure of information made
prior to receiving such notice.
party receiving designated Confidential Information objects
to the designation, it shall treat the information as it is
designated until the parties resolve ...