United States District Court, E.D. North Carolina, Western Division
ADAN LOPEZ, FRANCISCO MENDEZ, EZEQUIEL ABURTO-.HERNANDEZ, ELENA RAFAEL-PERALTA, JOSE PABLO SANDOVAL-MONTALVO, and JOSE JIMENEZ-OLIVAREZ, and ALEJANDRO MARTINEZ-MENDEZ, on behalf of themselves and other similarly situated persons, Plaintiffs,
HAM FARMS, LLC f/k/a HAM FARMS, INC., HAM PRODUCE, LLC f/k/a HAM PRODUCE COMPANY, INC., ISMAEL PACHECO, PACHECO CONTRACTORS, INC., HUGO MARTINEZ, GUTIERREZ HARVESTING, LLC, ROBERTO TORRES-LOPEZ, 5 G HARVESTING, LLC, RODRIGO GUTIERREZ-TAPIA, SR., and CIRILA GARCIA-PINEDA, Defendants.
CONSENT PROTECTIVE ORDER REGARDING EARLY
C. DEVER III CHIEF UNITED STATES DISTRICT JUDGE
parties have agreed to mediate their dispute in the near
future, as outlined in the Rule 26(f) Report and
Discovery-Plan. To facilitate settlement, the parties have
agreed to an informal exchange of documents prior to the
mediation (the "Mediation Documents"). The parties
have agreed to the entry of ; this Consent
Protective Order to protect against disclosure of the
it appearing to the Court there is good cause to enter an
order to protect certain Mediation Documents:
HEREBY ORDERED that the Parties shall be governed by the
following terms and conditions in connection with the
production of Mediation Documents.
Scope of Protective Order
Order and any amendments or modifications hereto
("Protective Order") shall govern the production of
Protective Order shall also apply to any copies, excerpts,
abstracts, charts,, analyses, summaries, descriptions, notes,
or other forms of recorded information containing,
reflecting, or disclosing any such Mediation Documents.
Mediation Documents are being produced prior to and
potentially over the course of early mediation between the
parties to be held in the near future.
the mediation is not conducted or is cancelled, the Mediation
Documents will not be produced to opposing counsel or, if
already produced to opposing counsel, shall be promptly
returned (along with all copies) to the Producing Party.
Unless otherwise agreed in writing by the producing party or
producing parties, if mediation is successful, counsel shall
return all Mediation Documents (along with any copies) to the
Producing Party. Without limiting the reasons for which
retention of the Mediation Documents may be needed, the
parties, acknowledge that the receiving party or parties may
need to temporarily retain certain documents for purposes
related to implementation of a settlement, including but not
limited to, issues related to certification of a settlement
class or determination of compensation due individual class
the mediation is not successful, receiving counsel shall
return the Mediation Documents (along with all copies) within
five (5) days of impasse to the Producing Party, unless the
producing party or parties have otherwise agreed in writing.
"Party" means any named plaintiff or defendant in
this action, including plaintiff's or defendant's
counsel of record.
"Producing Party": a Party that produces Mediation
Documents in this action.
"CONFIDENTIAL" shall mean Mediation Documents,
furnished prior to or as part of early mediation, regarded by
the Producing Party as confidential and/or private
information, including proprietary data, trade secrets, other
valuable or commercially sensitive information, confidential
and private information concerning parties, witnesses, and
persons not party to this action, and/or commercially
sensitive or otherwise confidential information designated as
'"CONFIDENTIAL" pursuant to the procedures set
forth below. The term "documents" shall be broadly
construed to include information that is recorded in any
form, including but not limited to hard copy, electronically
stored information, and audio and video recordings.
"Documents" shall not, however, include attorney
"ATTORNEYS' EYES ONLY Information" shall mean
CONFIDENTIAL Information that a party reasonably and in good
faith believes is so sensitive that it should not be made
available to other parties or their employees and is
designated "ATTORNEYS' EYES ONLY" pursuant to
the procedures set forth below. CONFIDENTIAL Information that
is designated ATTORNEYS' EYES ONLY Information shall also
be deemed designated CONFIDENTIAL.
Mediation Documents, specifically including those designated
as Confidential or Attorney Eyes Only, shall be used solely
for this litigation and the preparation for mediation in this
case and not for any other purpose whatsoever, including
without limitation any other litigation, labor organizing, or
any business or competitive purpose or function. Mediation
Documents shall not be distributed, disclosed, or made
available to anyone except as authorized in this Protective
Mediation Documents must be stored and maintained at a
location and in a secure manner that ensures access is
limited to the persons authorized under the Protective Order.
Procedure for Designating Materials
Producing Party may designate Mediation Documents as
"CONFIDENTIAL" or as "ATTORNEY EYES ONLY"
that the Producing Party reasonably and in good faith
believes meets the definitions set forth in paragraph B. The
designation of information as "CONFIDENTIAL" and
"ATTORNEY EYES ONLY" for purposes of this
Protective Order shall be made in the following manner and
shall further be consistent with any applicable Local Rule of
the United States District Court for the Eastern District of
affixing the legend "CONFIDENTIAL"- or
"ATTORNEY EYES ONLY" to Mediation Documents
containing any confidential information at the time such
materials are produced, or as soon thereafter as the Party
seeking protection becomes aware of the confidential nature