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Wright Foods Group, LLC v. Clark

United States District Court, E.D. North Carolina, Western Division

March 1, 2018

WRIGHT FOODS GROUP, LLC, Plaintiff,
v.
DAVID CLARK and ALBERT L. MCAULAY, III, Defendants.

          Gilbert C. Laite III Williams Mullen Attorneys for Defendants David Clark and Albert L. McAulay, III

          Jonathan M. Herman Elizabeth Baksh Kaleb McNeely DORSEY & WHITNEY LLP Alex J. Hagan Joseph D. Hammond Ellis & Winters LLP Attorneys for Plaintiff Wright Foods Group, LLC

          STIPULATION AND ORDER FOR THE PRODUCTION AND EXCHANGE OF CONFIDENTIAL INFORMATION

          LOUISE W. FLANAGAN, UNITED STATES DISTRICT JUDGE.

         This matter having come before the Court by stipulation of Plaintiff, Wright Foods Group, LLC (“Plaintiff”), and Defendants, David Clark and Albert L. McAulay, III (“Defendants”), (each, a “Party” and, collectively, the “Parties”) for the entry of a protective order pursuant to FRCP 26(c), limiting the review, copying, dissemination, and filing of confidential and/or proprietary documents and information to be produced by any Party and their respective counsel or by any nonparty in the course of discovery in this matter to the extent set forth below; and the Parties, by, between, and among their respective counsel, having stipulated and agreed to the terms set forth herein, and good cause having been shown;

         IT IS hereby ORDERED that:

         1. This Stipulation is being entered into to facilitate the production, exchange, and discovery of documents and information that the Parties agree merit confidential treatment (hereinafter the “Documents” or “Testimony”). This action involves participants and/or competitors in the highly competitive packaging industry, patented and proprietary technologies, and highly sensitive financial information and business plans. As such, the Parties anticipate that confidential documents and information relating to, inter alia, business plans, financial information, trade secrets, and proprietary technology will be exchanged in the course of discovery.

         2. Any Party may designate Documents produced, or Testimony given, in connection with this action as “confidential, ” either by notation on the document, statement on the record of the deposition, or by written advice to the respective undersigned counsel for the Parties hereto.

         3. As used herein:

a. “Confidential Information” shall mean all Documents and Testimony, and all information contained therein, and other information designated as confidential, if such Documents, Testimony, or other information contains trade secrets, proprietary information, competitively sensitive information, confidential research, development, or commercial information, or other information the disclosure of which would, in the good-faith judgment of the Party designating the material as, confidential, be detrimental to the conduct of that Party's business or the business of any of that Party's customers or clients, or in the case of the Defendants, who are individuals, detrimental to them in their individual or business activities.
b. “Producing Party” shall mean a Party to this action and/or any nonparty producing Confidential Information in connection with depositions, document production or otherwise, or the Party asserting the confidentiality of Documents, Testimony, or other information as the case may be.
c. “Receiving Party” shall mean a Party to this action and/or any nonparty receiving Confidential Information in connection with this action.

         4. The Receiving Party may, at any time, notify the Producing Party that the Receiving Party does not concur in the designation of a document or other material as Confidential Information. If the Producing Party does not agree to declassify such document or material, the Receiving Party may move before the Court for an order declassifying those documents or materials. If such motion is filed, the documents or other materials shall be deemed Confidential Information unless and until the Court rules otherwise.

         5. Except with the prior written consent of the Producing Party or by Order of the Court, Confidential Information shall not be furnished, shown, or disclosed to any person or entity except to:

a. The individual Defendants or personnel of the Plaintiff actually engaged in assisting in the preparation of this action for trial or other proceeding herein and who have been advised of their obligations hereunder;
b. counsel for the Parties and their associated attorneys, paralegals, and other professional personnel (including support staff) who are directly assisting such counsel in the preparation of this action for trial or other proceeding herein, are under the supervision or control of such counsel, and who have been advised by such counsel of their obligations hereunder;
c. expert witnesses or consultants retained by the Parties or their counsel to furnish technical or expert services in connection with this action or to give testimony with respect to the subject matter of this action at the trial of this action or other proceeding herein; provided, however, that such Confidential ...

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