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Lopez v. Ham Farms, LLC

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

May 1, 2018

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,
v.
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 MEDIATION

          JAME1S C. DEVER III CHIEF UNITED STATES DISTRICT JUDGE

         The 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 Mediation Documents.

         Therefore, it appearing to the Court there is good cause to enter an order to protect certain Mediation Documents:

         IT IS HEREBY ORDERED that the Parties shall be governed by the following terms and conditions in connection with the production of Mediation Documents.

         A. Scope of Protective Order

         1. This Order and any amendments or modifications hereto ("Protective Order") shall govern the production of Mediation Documents.

         a. This 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.

         b. The 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.

         c. If 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.

         d. 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 members.

         e. If 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.

         B. Definitions

         1. "Party" means any named plaintiff or defendant in this action, including plaintiff's or defendant's counsel of record.

         2. "Producing Party": a Party that produces Mediation Documents in this action.

         3. "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 work product.

         4. "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.

         C. Confidentiality

         1. 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 Order.

         2. 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.

         D. Procedure for Designating Materials

         1. A 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 North Carolina:

         2. By 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 of ...


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