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Rickard v. Dolgencorp, LLC

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

November 17, 2017

ROGER RICKARD, Plaintiff,
v.
DOLGENCORP, LLC d/b/a DOLLAR GENERAL and DOLLAR GENERAL CORPORATION d/b/a DOLLAR GENERAL, Defendants.

          Kevin P. Murphy VAN KAMPEN LAW, PC Attorney for Plaintiff

          Bill Duda, Elizabeth R. Gift OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. Attorneys for Defendants

          JOINT PROTECTIVE ORDER

          GRAHAM C. MULLEN, UNITED STATES DISTRICT JUDGE.

         WHEREAS, Plaintiff and Defendants (collectively, “the Parties”) contend that they possess Confidential Information (defined below) which may be disclosed in responding to discovery requests or otherwise in this action and which must be protected in order to preserve the legitimate business or privacy interests of the Parties or the individuals whose Confidential Information is reflected in documents possessed by the Parties; and

         WHEREAS, the Parties, through their counsel, have stipulated to the entry of this Protective Order (the “Order”), which shall apply to this civil action only, to prevent unnecessary dissemination or disclosure of Confidential Information; and

         WHEREAS, this Order governs the use of all produced documents, responses to interrogatories and requests for admission, deposition transcripts and any other information, documents, objects, or things which have been or will be produced or received by any Party during pretrial proceedings in this action pursuant to the Federal Rules of Civil Procedure, as well as any and all copies, abstracts, digests, notes and summaries thereof;

         It is therefore ORDERED, that the following terms and conditions, having been agreed to by the Parties, are approved by the Court and binding on all Parties to this action:

         I. Confidential Information Defined

         A. “Confidential Information” means and includes the following:

1. information that constitutes confidential, proprietary or financial business information, trade secrets, or information subject to a legally protected right of privacy or a confidentiality agreement with a third party, including but not limited to, corporate financial statements or financial records; records related to time worked and pay; and customer, pricing and sales information;
2. medical records and reports; psychological records and reports; photographs, x-rays or illustrations, or other personal health-related information regarding Plaintiff or any other individual about whom such information is discovered;
3. personal information about Plaintiff, his respective family members and/or Defendants' current or former employees and their family members, including but not limited to, personnel records and other employment-related information; income tax records; documents related to employee benefits; and all other documents containing private employment-related information, health-related information, spouse and other dependent information;
4. all personally identifiable information, to include names, dates of birth, addresses, personal images, telephone numbers, email addresses, emergency contact information, social security numbers, driver's license numbers, criminal records, background checks or other reference check information, and/or documents related to employee domestic or financial obligations, such as child support orders and garnishments;
5. Financial information (such as tax records, credit reports, loan applications, bank account information or documents showing profits, losses, payments or income); and
6. Strategic business records (such as market forecasts, analysis of competing products, planning for product launches and assessment of product performance).

         B. Confidential Information shall NOT include, without limitation, any material that:

1. is, at the time of disclosure, lawfully in the public domain;
2. is already lawfully in the possession of the Party seeking discovery at the time of disclosure and not under any obligation of confidence; or
3. is obtained by a Party by lawful means unrelated to the discovery process and without any obligation of confidence.

         II. Designation of Confidential Information

         A. Good-Faith Determination Required

         1. The Parties shall have the right to designate as Confidential Information those portions of any document which, after making a good-faith assessment, meet the definition of Confidential Information as set forth herein. If any page contains Confidential Information, the entire page may be so marked.

         2. No Party concedes that any document, tangible item and/or deposition testimony marked Confidential by another Party does, in fact, contain such information, and reserves the right to challenge said designation as set forth below in Section III.

         B. Procedures for Designating Pre-Production

         The Parties recognize that the scope of materials produced as “documents” during discovery may be very broad. “Documents” may include written documents, electronically stored documents, photographs, video or audio recordings and other forms of data.

         1. Paper Documents and Non-native Electronic Files

         To designate any information within a document as Confidential Information, the Party shall mark every page of the document in which Confidential Information appears with a legend substantially as follows: CONFIDENTIAL or CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER. In the case of answers to interrogatories and admissions requests, designation shall be made by prominently placing the word CONFIDENTIAL or CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER adjacent to or at the end of any answer deemed to contain confidential information. Alternatively, answers deemed to contain particularly sensitive confidential information may be provided separately from other answers, and marked as CONFIDENTIAL or CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER.

         2. Depositions and Other Testimony

         In the case of depositions or other pretrial testimony in this action, if particular testimony or on-the-record discussions will involve materials or information that is CONFIDENTIAL, designating counsel should indicate in a clear fashion the portion of the testimony that is intended to be designated as CONFIDENTIAL. Alternatively, the confidential material, and all testimony and other on-the-record statements discussing such material, may be separated into a separately bound transcript that prominently identifies the contents as “Proceedings Regarding Confidential Material.”

         3. Non-paper Media

         Where Confidential Information is produced in a non-paper media other than electronic files (e.g., video tape, audio tape), the confidentiality legend should be placed on the media, if possible, and its ...


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