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Planet Earth TV, LLC v. Level 3 Communications, LLC

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

March 5, 2018

PLANET EARTH TV, LLC, Plaintiff,
v.
LEVEL 3 COMMUNICATIONS, LLC, Defendant.

          Anthony T. Lathrop Counsel for Defendant

          Michael L. Carpenter Counsel for Plaintiff

          CONSENT PROTECTIVE ORDER

          Dennis L. Howell, United States Magistrate Judge

         It is hereby STIPULATED and AGREED between Plaintiff Planet Earth TV, LLC, and Defendants Level 3 Communications, LLC (collectively “the Consenting Parties”), and it is hereby ORDERED by the Court, that the following terms and conditions shall govern the use and handling of Confidential Information and documents produced by the Consenting Parties in the above-captioned matter (“this Litigation”):

         1. Scope. All documents and data, including electronically stored information, produced in the course of discovery, all responses to discovery requests, and all deposition testimony and deposition exhibits and any other materials which may be subject to discovery shall be subject to this Consent Protective Order (the “Protective Order”).

         2. Purpose. All documents, data, and information obtained through discovery in this Litigation shall be used only for the purposes of prosecuting or defending this Litigation.

         3. “Confidential Information” Defined. “Confidential Information” shall mean any and all information produced in the course of discovery or trial that a party deems in good faith to contain banking, tax, or other sensitive financial information, any technical drawings or schematics that are not publicly available, any trade secrets of any party or of a third party, or any contracts with third-parties that may contain confidential information or be subject to non-disclosure obligations. The parties may mutually agree to designate other documents or information as “Confidential Information” that is not otherwise defined herein and such stipulated designation shall be effective to protect such information under this Order. If the parties cannot mutually agree that certain additional information or documentation be designated as “Confidential Information, ” the party requesting the designation may promptly move the Court to amend or extend the protections of this order to cover said information or documentation. Prior to or while such motion is pending the party requesting the designation shall produce the subject documentation or information to counsel for the opposing party who shall treat the same as “Confidential Information” under this Order until the Court rules on any such motion.

         4. Access to Confidential Information. Access to documents and information designated as CONFIDENTIAL shall be restricted to the following persons:

(a) parties to this Litigation and the officers and employees of the parties who are directly participating in the prosecution or defense of this Litigation;
(b) law firms of record of the parties to this Litigation and such firms' attorneys and staff;
(c) any person specially employed or engaged in this Litigation by a party or its attorneys as an expert, consultant, or vendor;
(d) the Court and its personnel;
(e) court reporters and videographers retained to transcribe or record depositions and court ...

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