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CDI Corp. v. HCL America, Inc.

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

May 9, 2018

CDI CORPORATION, Plaintiff,
v.
HCL AMERICA, INC., Defendant.

          Jonathan D. Sasser, Thomas H. Segars, Scottie Forbes Lee, Counsel for Plaintiff CD! Corporation.

          Melanie Black Dubis, Charles E. Rayna!, IV, Counsel for Def endant HCL America, Inc.

          CONSENT PROTECTIVE ORDER (AS MODIFIED)

          James E. Gates United States Magistrate Judge.

         The parties maintain information and documents that they claim to be confidential due to their proprietary nature, which may be subject to discovery requests in this action. To balance the interests of the parties, and of any non-parties from whom discovery or testimony might be sought in this action, in maintaining the confidentiality of proprietary information with the rights of the parties to obtain relevant information through discovery in this action.

         IT IS HEREBY ORDERED as follows:

         1. This Protective Order shall govern all confidential information, testimony, documents, and things produced by any party or non-party from whom discovery or testimony is sought or during the pendency of this case, shall apply in connection with all depositions and trial testimony regarding any such information, documents, drawings, or things, and is applicable to any confidential information, documents, or things produced or filed by any party or non-party from whom discovery or testimony is sought during the course of this case, including any appeal.

         2. Any party or non-party from whom discovery or testimony is sought who provides or produces testimony, information, and/or documents (a "Producing Party") may designate the testimony, information, and/or documents being provided or produced as "CONFIDENTIAL" and/or as "ATTORNEY EYES ONLY" in accordance with the terms of this Protective Order.

         3. Only information that is personally sensitive, nonpublic, confidential, or proprietary and that is not generally available may be designated as "CONFIDENTIAL." This information includes but is not limited to personal information that is not usually disclosed (such as passwords, birthdates, social security numbers, account information, health or biographical information), proprietary, trade secret, confidential research, development, business, financial or commercial information, or competitively sensitive trademark and/or copyright information used in or relating to such Producing Party's business that is believed to be unknown or unavailable to the public.

         4. At the option of the Producing Party, information designated as "CONFIDENTIAL" may be further designated as "ATTORNEY EYES ONLY" if it includes information, documents, data, or other things so competitively sensitive to the Producing Party or competitively useful to the receiving party that disclosure to third parties or to agents of the parties other than outside counsel or in-house counsel specifically identified by the parties directly involved in this lawsuit would cause an unfair competitive advantage. Care shall be taken by the Producing Party to use the designation "ATTORNEY EYES ONLY" only where necessary to fairly protect its business interests.

         5. All testimony, information, and/or documents designated as "CONFIDENTIAL" and/or "ATTORNEY EYES ONLY" (hereinafter "Confidential Information") shall be used solely in connection with pretrial proceedings, trial preparation, trial, or other proceedings in this litigation, and not for any other purpose.

         6. Documents may be designated by a Producing Party as "CONFIDENTIAL" or "ATTORNEY EYES ONLY" by being stamped with a designation so as to clearly indicate their status as "CONFIDENTIAL" or "ATTORNEY EYES ONLY" documents. A Producing Party may designate testimony given in deposition or in other pretrial or trial proceedings as "CONFIDENTIAL" or "ATTORNEY EYES ONLY" by (a) declaring the same on the record before the close of the deposition, hearing, or other proceeding, or (b) in the case of a deposition, designating specific lines and pages as "CONFIDENTIAL" or "ATTORNEY EYES ONLY" and serving such designations in writing within ten (10) days of receipt of the deposition transcript. The entirety of all deposition transcripts shall be treated as "ATTORNEY EYES ONLY" for the ten-day period following receipt of the transcript. After the ten-day period, only those portions of the testimony that are appropriately designated for protection shall be covered by the provisions of this Protective Order. Transcript pages containing designated testimony must be separately bound by the court reporter, who must affix to the top of each such page the legend "CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER, " as instructed by the Producing Party making the designation. In the event that, during a deposition, counsel reasonably and in good faith anticipates that a question or line of questioning will elicit testimony that may properly be designated as "ATTORNEY EYES ONLY, " then that counsel may instruct any person in the deposition room who is not authorized by this Protective Order to have "ATTORNEY EYES ONLY" information disclosed to them (including parties or representatives of parties, if applicable) to leave the room until the question or line of questioning has concluded.

         7. The inadvertent or unintentional disclosure of any confidential information without a proper designation shall not be construed as a waiver, in whole or in part, of any party's claim of confidentiality, either as to the specific confidential information disclosed or with regard to other related information. Any Producing Party may designate information as "CONFIDENTIAL" or "ATTORNEY EYES ONLY" subsequent to its initial disclosure by providing written notification to the other parties of its confidential nature and, under such circumstances, the information shall be treated as confidential absent contrary instructions from the Court.

         8. This Protective Order prohibits the disclosure of Confidential Information and also prohibits the discussion of such Confidential Information with any person to whom disclosure is not specifically authorized by this Protective Order.

         9. Confidential Information designated as "CONFIDENTIAL, " but not "ATTORNEY EYES ONLY, " any copies thereof, or notes made therefrom may be disclosed only to "Qualified Persons." ...


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