Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

King Bio, Inc. v. Gerhardt

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

June 27, 2018

KING BIO, INC., Plaintiff,
v.
DAVID GERHARDT and GENACOL USA, INC., Defendants.

          Matthew S. Roberson, Murphy H. Fletche Attorneys for Plaintiff

          John C. Hunter Attorney for Defendant David Gerhardt

          Brian P. Baggott Jordan L. Glasgow Attorneys for Defendant Genacol USA, Inc

          CONSENT PROTECTIVE ORDER

          Dennis L. Howell United States Magistrate Judge

         Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, and based upon the consent of the parties, this Consent Protective Order is hereby adopted and entered by the Court. In the absence of a contrary agreement of the parties or further Order by the Court, all information and documents produced in the course of discovery in the above-captioned action shall be subject to the following:

         1. Definitions.

a. “Classified Information” means all “CONFIDENTIAL INFORMATION” and “ATTORNEYS' EYES ONLY INFORMATION.”
b. “CONFIDENTIAL INFORMATION” means any information determined by the producing party, or a party to this litigation if the document or information is produced by a non-party, acting in good faith, to include non-public proprietary, business, technical, or financial information, commercially or competitively sensitive information, including confidential research or development information, trade secrets, or medical or personal information which implicates privacy interests.
c. “ATTORNEYS' EYES ONLY INFORMATION” means that Confidential Information determined by the producing party, acting in good faith, to be of such a fundamentally sensitive nature that disclosure to an opposing party would cause economic harm or significant competitive disadvantage to the producing party.

         2. King Bio, Inc., David Gerhardt, and/or Genacol USA, Inc., may in their sole discretion designate any documents or other information produced by them during discovery as “CONFIDENTIAL INFORMATION” or “ATTORNEYS' EYES ONLY INFORMATION” if they, in good faith, believe that the designated material falls within the definitions set forth above.

         3. Designation of Classified Information must be made by placing or affixing on each page of the document, in a manner that will not interfere with its legibility, the words “CONFIDENTIAL-SUBJECT TO PROTECTIVE ORDER” or “ATTORNEYS' EYES ONLY, ” in order to clearly signify that the document includes Classified Information.

         4. If a party believes that any material produced or disclosed in the course of discovery has been improperly designated as CONFIDENTIAL INFORMATION or ATTORNEYS' EYES ONLY INFORMATION, it may, at any time, contest the appropriateness of that designation by notifying the designating party (the “Designating Party”) in writing and identifying the particular information or material for which the designation is contested. If the parties are unable to come to an agreement regarding the contested designation within ten (10) business days of the notice contesting the designation, a party may challenge the designation by filing a motion with the Court. The movant must accompany such a motion with a statement demonstrating that it has made a good faith effort to resolve the challenge through discussion with the Designating Party. In any such challenge, the Designating Party bears the burden of proving that its designation complies with the terms of this Protective Order. The parties agree to abide by any designation until the matter is resolved by agreement of the parties or by Order of the Court.

         5. Subject to Paragraphs 8 and 9 of this Order, documents or other information marked as CONFIDENTIAL INFORMATION may be used only in connection with the above-captioned litigation and shall not be disclosed, displayed, shown, made ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.