United States District Court, E.D. North Carolina, Western Division
H. Maginnis Karl S. Gwaltney MAGINNIS LAW, PLLC, Scott C.
Harris Patrick M. Wallace Attorneys for Plaintiff
Davis N.C. D.J. O'Brien Attorneys for Defendants
CONSENT PROTECTIVE ORDER
B. Jones, Jr. United States Magistrate Judge
there is good cause, pursuant to Rule 26(c) of the Federal
Rules of Civil Procedure, for the entry of a protective order
limiting disclosure of documents and information generated
during discovery in this action, it is hereby ORDERED:
Scope of Order.
Order governs the handling and disclosure of all materials
produced, given, exchanged, or filed herein by any party or
witness (each a "Producing Party") during discovery
and other proceedings in this action (which includes but is
not limited to all claims against all parties, including
third party claims, and mediation, arbitration, or other
alternative dispute resolution process, settlement
proceedings, and/or appeals) (the "Action")
designated as "Confidential Information." 2.
Agreement on Use of Confidential Information. All
Confidential Information, as defined and designated in
accordance with this Order, shall be used solely in the
prosecution or defense of this Action, as defined above, and
shall not be used or disclosed by any person for any other
used in this Order, the term "document" means all
writings, drawings, graphs, charts, recordings, computer
disks and tapes, audiotapes, videotapes, and any other
documents as defined in Rule 34 of the Federal Rules of Civil
used in this Order, the term "material" means any
document, any answer to any interrogatory or other discovery
request in this action, any portion of any deposition
(including deposition exhibits) in this action, and any other
information produced, given, or filed in this action.
used in this Order, the term "Confidential
Information" means a trade secret or other confidential
or proprietary information including, but not limited to
confidential financial records and data, confidential
business records and data, confidential business policies and
procedures, and any information that would place a Producing
Party at a competitive disadvantage in the event such
information were released to competitors or to the general
public. It is the intent of the parties that information will
not be designated as confidential for tactical reasons and
that nothing be so designated without a good faith belief
that it has been maintained in a confidential, non-public
manner, and there is good cause why it should not be part of
the public record of this case.
Designation of Confidential Material.
Producing Party may designate material produced in the course
of discovery as "Confidential Information." The
production or disclosure pursuant to the terms of this Order
of Confidential Information by a person shall not waive or
prejudice the right of that person to object to the
production or admissibility of documents or information in
this or any other action. The Designating Party must
designate for protection only those parts of material,
documents, items, or oral or written communications that
qualify so that other portions of the documents, items, or
communications for which protection is not warranted are not
swept unjustifiably within the ambit of this Order. Mass,
indiscriminate, or routinized designations are prohibited.
Any party who produces Confidential Information as defined in
this Order or who designates material as Confidential
Information as set forth in this Paragraph shall be referred
to as the "Designating Party."
comes to the Designating Party's attention that
information or items that it designated for protection do not
qualify for protection, that Designating Party must promptly
notify all other ...