United States District Court, E.D. North Carolina, Western Division
STIPULATED PROTECTIVE ORDER (AS MODIFIED)
E. Gates United States Magistrate Judge.
Wells Fargo Bank, National Association
("Plaintiff or "Wells
Fargo") and Defendants Dori J. Thomas and
Michael Thomas (the "Defendants",
and collectively the
"Parties") anticipate that documents,
testimony, or information containing or reflecting
confidential, proprietary, and/or personally or commercially
sensitive information are likely to be disclosed or produced
during the course of discovery in this case and request that
the Court enter this Order setting forth the conditions for
treating, obtaining, and using such information.
to Rule 26(c) of the Federal Rules of Civil Procedure, the
Court finds good cause for the following Stipulated
Protective Order Regarding the Disclosure and Use of
Discovery Materials ("Order" or "Protective
Receiving Party may use Protected Material, as defined below,
that is disclosed or produced by another Party or by a
non-party in connection with this case only for prosecuting,
defending, or attempting to settle the claims at issue in
this lawsuit. Such Protected Material may be disclosed only
to the categories of persons and under the conditions
described in this Protective Order.
"Discovery Material" means all items or
information, including from any non party, regardless of the
medium or manner generated, stored, or maintained (including,
among other things, testimony, transcripts, or tangible
things) that are produced, disclosed, or generated in
connection with discovery or any disclosures in this case.
"Party" means any party to this case, including all
of its officers, directors, and employees.
"Producing Party" means any Party or other
third-party entity that discloses or produces any Discovery
Material in this case.
"Protected Material" means any Discovery Material
that is designated as "CONFIDENTIAL" or 'HIGHLY
CONFIDENTIAL", as provided for in this Order, as well as
any information copied or extracted therefrom, as well as all
copies, excerpts, summaries, or compilations thereof, plus
testimony, conversations, or presentations by the Parties or
their counsel in Court or in any other setting that might
reveal such information. Protected Material shall not include
materials that show on their face they have been disseminated
to the public by the designating party.
"Receiving Party" means any Party who receives
Discovery Material from a Producing Party.
"Outside Counsel" means (i) outside counsel who
appear on the pleadings as counsel for a Party, and (ii)
attorneys associated with such counsel to whom it is
reasonably necessary to disclose the information for purposes
of this litigation.
COMPUTATION OF TIME.
computation of any period of time prescribed or allowed by
this Order shall be governed by the provisions for computing
time set forth in Federal Rules of Civil Procedure 6.
Nothing in this Protective Order shall prevent or restrict a
Producing Party's own disclosure or use of its own
Discovery Material for any purpose, and nothing in this Order
shall preclude any Producing Party from showing its Discovery
Material to an individual who prepared the Discovery
Nothing in this Order shall be construed to prejudice any
Party's right to use any Protected Material in court or
in any court filing so long as appropriate actions are taken
to protect any Protected Material's confidentiality, such
as filing the Protected Material under seal.
Order is without prejudice to the right of any Producing
Party to seek further or additional protection of any
Discovery Material or to modify this Order in any way,
including, without limitation, an order that certain matter
not be produced at all.
after the termination of this case, the confidentiality
obligations imposed by this Order shall remain in effect
until a Producing Party agrees otherwise in writing or a
court order otherwise directs.
ACCESS TO AND USE OF PROTECTED MATERIAL.
Basic Principles. All Protected Material shall be
used solely for this case or any related appellate
proceeding, and not for any other purpose whatsoever,
including without limitation any other litigation or any
business or competitive purpose or function. Protected
Material shall not be distributed, disclosed, or made
available to anyone except as expressly provided in this
Personally Identifying Information. Plaintiff, Wells
Fargo, may be producing records in this lawsuit that contain
Personally Identifying Information of Wells Fargo customers,
which may include name, mailing address, telephone numbers,
email addresses or other personally identifiable information
that can be used on its own or with other information to
identify, contact or locate an individual ("PII").
While Wells Fargo may redact PII, redacting certain PII may
be unduly burdensome, and thus it may choose to not redact
PII in all documents produced. The Parties agree that any PII
contained in documents produced by Wells Fargo shall be
treated as CONFIDENTIAL, pursuant to the terms of this Order.
Absent an Order of this Court, neither Defendants nor their
counsel shall use PII obtained solely from documents produced
by Wells Fargo to communicate with any Wells Fargo customer.
Nothing in this paragraph shall be construed as a waiver by
Wells Fargo of its position that Wells Fargo is entitled to
redact PII, and the Parties agree that PII may be redacted.
Secure Storage. Protected Material must be stored
and maintained by a Receiving Party at a location and in a
secure manner that ensures that access is limited to the
persons authorized under this Order.
Limitations. Nothing in this Order shall restrict in
any way a Producing Party's use or disclosure of its own
Protected Material. Nothing in this Order shall restrict in
any way the use or disclosure of Discovery Material by a
Receiving Party: (i) that is or has become publicly known
through no fault of the Receiving Party; (ii) that is
lawfully acquired by or known to the Receiving Party
independent of the Producing Party; (iii) that was previously
produced, disclosed and/or provided by the Producing Party to
the Receiving Party or a non-party without an obligation of
confidentiality and not by inadvertence or mistake; (iv) with
the consent of the Producing Party; or (v) pursuant to Order
of the Court.
DESIGNATING PROTECTED MATERIAL.
Available Designations. Any Producing Party may
designate Discovery Material with the following designation,
provided that it meets the requirements for such designation
as provided for herein: "CONFIDENTIAL" or
Written Discovery and Documents and Tangible Things.
Written discovery, documents (which include
"electronically stored information," as that phrase
is used in Federal Rule of Procedure 34), and tangible things
that meet the requirements for the confidentiality
designations listed in Paragraph 7(a) may be so designated by
placing the appropriate designation on every page of the
written material, for which such designation is appropriate,
prior to production. In the event that original documents are
produced for inspection, the original documents shall be
presumed HIGHLY CONFIDENTIAL during the inspection and
re-designated, as appropriate during the copying process.
Depositions and Testimony. Parties or testifying
persons or entities may designate all or portions of
depositions and other testimony with the appropriate
designation by indicating on the record at the time the
testimony is given or by sending written notice of which
portions of the transcript of the testimony is designated
within thirty (30) days of receipt of the final transcript of
the testimony. If no indication on the record is made, all
information disclosed during a deposition shall be deemed
HIGHLY CONFIDENTIAL until the time within which portions of
the testimony may be appropriately designated as provided for
herein has passed. Any party that wishes to disclose the
transcript, or information contained therein, before the time
within which it may be appropriately designated as Protected
Material has passed, may provide written notice of its intent
to treat the transcript as non-confidential, after which
time, any Party that wants to maintain any portion of the
transcript as confidential must designate the confidential
portions within fourteen (14) days, or else the transcript
may be treated as non-confidential. Any designated Discovery
Material that is used in the taking of a deposition shall
remain subject to the provisions of this Protective Order,
along with the transcript pages of the deposition testimony
dealing with such Discovery Material. In such cases the court
reporter shall be informed of this Protective Order. In the
event the deposition is videotaped, the original and all
copies of the videotape shall be marked by the video
technician to indicate that the contents of the videotape are
subject to this Protective Order, substantially along the
lines of "This videotape contains confidential testimony
used in this case and is not to be viewed or the contents
thereof to be displayed or revealed except by order of the
Court, or pursuant to written stipulation of the
parties." Counsel for any Producing Party shall have the
right to exclude from oral depositions, other than the
deponent, deponent's counsel, the reporter and
videographer (if any), any person who is not authorized by
this Protective Order to receive or access Protected Material
based on the designation of such Protected Material. Such
right of exclusion shall be applicable only during periods of
examination or testimony regarding such Protected Material.
DISCOVERY MATERIAL DESIGNATED AS "CONFIDENTIAL" OR
To the extent reasonably possible, each Party or non-party
that designates information or items for protection under
this Order must take care to limit any such designation to