United States District Court, W.D. North Carolina, Charlotte Division
JAMES SEITZ, ADMINISTRATOR OF THE ESTATE OF LAUREN E. SEITZ, DECEASED, Plaintiff,
U.S. NATIONAL WHITEWATER CENTER, INC., RECREATION ENGINEERING AND PLANNING, INC., and LIQUID DESIGN, P.C. Defendants.
T. Daniel Edward G. Connette Essex Richards, PA, Jose Manuel
Lopez, Admitted Pro Hac, Jonathan Scott Zweizig, Admitted Pro
Hac, Attorneys for Plaintiff.
Holmes, N.C., John H. Beyer, N.C., Morgan H. Rogers, N.C.,
Parker Poe Adams & Bernstein LLP Attorneys for Defendant
U.S. National Whitewater Center, Inc.
Kutny, Hamilton Stephens Steele & Martin, PLLC, Attorney
for Liquid Design, P.C.
Lawrence Nelson Dickie, McCamey & Chicote, P.C., Mary
Barley-McBride, Admitted Pro Hac Dickie, McCamey &
Chicote, P.C., Attorneys for Defendant Recreation Engineering
and Planning, Inc.
STIPULATION OF CONFIDENTIALITY AND PROTECTIVE
S. Cayer United States Magistrate Judge.
“Litigation” shall mean the above-captioned case,
No. 3:18-CV-00044-MOC-DSC or as the pleadings are amended.
“Discovery Materials” shall mean and include any
document (whether in hard copy or electronic form), records,
responses to discovery, whether documentary or oral, and
other information provided, served, disclosed, filed, by or
through a Party or any non-party person or entity through
discovery in connection with this Litigation, whether before
or after entry of this Order. All such documents are produced
pursuant to legal obligations arising under the Federal Rules
of Civil Procedure. Discovery Materials shall be used solely
and exclusively for the purposes of prosecuting or defending
this Litigation, and shall not be used by a Party for any
other purposes. Notwithstanding any other provision herein,
nothing shall prevent a Party from using Discovery Materials
that were created by, or through no unlawful means or
activities were sent or received by, that Party prior to or
outside the context of this Litigation.
term “producing Party” shall mean any Party or
non-party person or entity that provides, serves, files, or
produces any nonpublic information in connection with this
Discovery Materials produced or disclosed in connection with
the Litigation by a producing Party may be designated as
confidential by the producing Party, to the extent that such
Discovery Materials include non-public and highly sensitive
commercial, banking, tax, financial, personal, employee,
medical or proprietary information, or information that is
required to be kept confidential due to preexisting legal or
contractual obligations. Confidential Discovery Material may
be designated confidential by marking or stamping the page or
pages containing such information as
“CONFIDENTIAL” or by designating any thumb drive,
CD, DVD, or other storage device for electronically formatted
discovery on said device.
Discovery Materials designated as confidential shall be
referred to herein as “Confidential Discovery
Material.” The Parties further agree that reference to
any categories or types of Discovery Material above is not
intended to and shall not be construed as an admission that
the Discovery Material is, or is not, relevant; admissible;
reasonably calculated to lead to the discovery of admissible
evidence; or subject to an applicable privilege, protection
Confidential Discovery Material shall be maintained in strict
confidence by the Parties and others who receive such
documents or information, and shall be used solely and
exclusively for the purposes of prosecuting or defending this
Litigation, and shall not be used for any other purposes.
Confidential Discovery Material shall not be disclosed to any
(a) The Court and persons assisting the Court in the
Litigation process (including, but not limited to, Court
personnel, court reporters, stenographic reporters and
(b) Counsel of record for the Parties;
(c) A Party, or a former or present administrator, officer,
employee, director, manager, member or shareholder of a Party
deemed necessary by counsel of record for the ...