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Brooks v. Indaba Scientific, Inc.

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

February 8, 2019


          Philip J. Gibbons, Jr. N.C. Bar No. 50276, Craig L. Leis N.C. Bar No. 48582, Gibbons Leis, PLLC Attorneys for Plaintiff

          Sabrina Presnell Rockoff N.C. Bar No. 28754 Murphy Horne Fletcher N.C. Bar No. 44471 McGuire, Wood & Bissette, P.A. P.O Box 3180 Attorneys for Defendant




         The parties, having consented, hereby respectfully request that the following Protective Order, pursuant to Fed.R.Civ.P. 26(c), be entered upon approval of the Court.

         As used herein, the word(s) “document” or “documents” shall be taken to mean (a) all papers, documents, recordings of any kind, and printed materials produced, furnished by, or obtained from Indaba Scientific, Inc. (“Defendant”) and/or Marybee Brooks (“Plaintiff”) through discovery in this action on or after the date this action was filed; (b) all copies, extracts, and complete or partial summaries prepared from such papers or documents; (c) portions of deposition transcripts and exhibits thereto which quote or reference directly the text of any such papers, documents, copies, extracts, or summaries; (d) portions of briefs, memoranda, or any other writings filed with the Court and exhibits thereto, which quote or reference the contents of any such papers, documents, copies, extracts, or summaries.

         Further, as used herein, the words “Confidential Documents” shall be taken to mean: (a) all documents containing any trade secrets or proprietary information, including but not limited to documents that contain business information that would place the producing party at a competitive disadvantage should such information be released to a competitor; (b) medical records; (c) personnel and payroll records and files; (d) financial records and data; (e) business records and data; and (f) any other documents specifically designated and clearly marked as “Confidential” by either party.

         IT IS HEREBY ORDERED that:

         1. All Confidential Documents, together with information contained therein or obtained therefrom, produced by Plaintiff and/or Defendant shall be treated as confidential by all parties to this litigation and shall be used exclusively in connection with this litigation.

         2. No Confidential Documents shall be exhibited, or shown to any person except: (a) named parties and attorneys of record representing named parties in this case; (b) persons employed by such attorneys in the preparation and trial of this case; (c) officers, agents, managers, and employees of Defendant assisting counsel in preparation of the defense of this action; (d) deposition or potential trial witnesses who already know or have a need to know the content of the document; (e) officials of the Court; and (f) any other individuals with prior written consent by both parties or by order of the Court. Any person to whom disclosure is made shall be furnished with a copy of this Protective Order and shall be subject thereto.

         3. Any inadvertently produced document about which a claim of work product or attorney/client privilege is asserted will be returned to its rightful owner, without any copies being made or retained, and will be regarded as not having been produced.

         4. If a Party (the “Filing Party”) seeks to file a Confidential Document so designated by the Opposing Party (the “Designating Party”), the Filing Party shall consult with the Designating Party regarding whether the document shall be filed under seal with the Court. If the Designating Party requests that the Confidential Document be filed under seal, then the Filing Party shall file the document under seal with an accompanying Motion to Seal the Confidential Document pursuant to and in accordance with Local Rule 6.1.

         5. Should either party object to the confidentiality of any document pursuant to this Order, the objecting party may apply to the Court by motion for a ruling that the document shall not be so treated, after giving ten (10) days' written notice of such objection to the other party. Until the Court rules upon such a motion regarding the confidentiality of a document, the subject document shall be afforded the confidential treatment provided for in this Order.

         6. Plaintiff will be entitled to full access to documents produced to Plaintiff and subject to this Order and all copies thereof for review; except that with respect to documents produced by Defendant that contain personnel or medical information regarding current or former employees of Defendant (other than Plaintiff), at all times Plaintiff's counsel will retain sole possession of ...

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