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Dudley v. Acton

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

February 12, 2019

TARYN DUDLEY, Plaintiff,
v.
ALLAN M. ACTON, D.D.S., P.A. a/k/a CARY FAMILY DENTAL, LLC, Defendant.

          POYNER SPRUILL LLP Kevin M. Ceglowsk David L. Woodard Brett A. Carpenter COUNSEL FOR DEFENDANT ALLAN M. ACTON, D.D.S., P.A. A/K/A CARY FAMILY DENTAL, LLC

          KORNBLUTH GINSBERG LAW GROUP, P.A. Michael A. Kornbluth ALBETTA LAW Frank J. Albetta COUNSEL FOR PLAINTIFF TARYN DUDLEY

          STIPULATED CONSENT PROTECTIVE ORDER

          Robert T. Numbers, II United States Magistrate Judge.

         WHEREAS, information, documents and materials may be sought, produced or exhibited by and among the parties to the above-captioned case, which are claimed to contain protected, confidential, and proprietary information, including but not limited to employment and personnel records, medical and dental files and records that contain confidential and sensitive medical and personal information protected pursuant to the Health Insurance Portability and Accountability Act of 1996, 45 C.F.R. § 164.512(e), and confidential, sensitive, and proprietary business information, including trade secrets as defined in N.C. Gen. Stat. § 66-152(3), any of which would qualify for protection under Rule 26(c)(1)(G) of the Federal Rules of Civil Procedure; and Plaintiff Taryn Dudley (“Plaintiff”) and Defendant Allan M. Acton, D.D.S., P.A. a/k/a Cary Family Dental, LLC (“Defendant, ” collectively, the “Parties”) have sought an order to limit dissemination and disclosure of this information.

         IT IS THEREFORE ORDERED:

         1. This Order shall govern the use and disposition of all information, documents, electronic files, and other materials disclosed in this case which is designated as confidential (“Confidential Information”) in accordance with this Order, whether produced by one of the Parties to this case or by a non-party to the case (a “Non-Party”).

         2. The Party or Non-Party producing the Confidential Information described in Paragraph 1 above (a “Disclosing Party”) may designate any information, document, or electronic file that is produced in this case for protection under this Order by marking it at or before the time of production or exchange with the legend “CONFIDENTIAL” pursuant to this Order. All CONFIDENTIAL designations must be based on the good faith belief that the information labelled is not public and constitutes information subject to a legally protected right of privacy. All discovery materials and pleadings (with the exception of deposition transcripts, which are governed by Paragraph 5 of this Order) must be designated Confidential prior to service thereof by stamping the word “CONFIDENTIAL” on each page containing Confidential Information. All documents shall be maintained in confidence by the Party or Parties receiving Confidential Information (each a “Receiving Party”) until expiration of the above-described time limits for designation.

         3. Any information, document, or electronic file designated as CONFIDENTIAL may be delivered, exhibited, or disclosed only to the following persons: (a) the Receiving Party, including the employees, and in-house counsel thereof, provided that except for in-house counsel working on this case, such employees shall receive such Confidential Information solely to the extent needed for purposes of prosecuting or defending the litigation and for no other purpose; (b) any person testifying at a deposition or court proceeding in this case or who, in counsel's good faith belief, may be called as a witness in this case; (c) court officials involved in this action and court reporters transcribing proceedings in this action; (d) experts retained in this action; (e) potential witnesses in this action who have executed and delivered to counsel, prior to receipt or review of any CONFIDENTIAL Information, the Protective Order Confidentiality Agreement in the form attached as Exhibit A. Counsel for the Parties shall be responsible for obtaining such executed written agreements from all persons to whom they disclose such information.

         4. Any information, document, or electronic file produced by a Party with a designation of CONFIDENTIAL pursuant to the terms of this Protective Order shall not be used by the Receiving Party for any purpose other than the investigation, discovery, judicial proceedings, trial and appeal of this case.

         5. To the extent that any information, document, or electronic file designated as CONFIDENTIAL is used in the taking of a deposition, such information shall remain subject to this Order, along with pages of the deposition testimony referencing the material. Information (including testimony) disclosed at a deposition may be designated by counsel as CONFIDENTIAL by either:

(a) Indicating on the record at the deposition that the information is CONFIDENTIAL and is subject to the provisions of this Protective Order applicable to CONFIDENTIAL material, respectively; or
(b) Notifying other counsel in writing within thirty (30) days of the receipt of the transcript of those pages and lines or those exhibits that are CONFIDENTIAL. Until the expiration of such thirty-day period the entire deposition transcript shall be treated as CONFIDENTIAL Information.

         Upon being informed that certain portions of a deposition disclose CONFIDENTIAL Information, counsel for each Party must cause each copy of the transcript in its custody or control to be so marked as soon as reasonably possible. All CONFIDENTIAL designations must be based on the good faith belief of the designating counsel that the material constitutes Confidential Information as defined herein.

         6. A Party may oppose the designation of any information, document, or electronic file as CONFIDENTIAL at any time before trial by notifying the Disclosing Party and giving that Disclosing Party ten (10) days to consider the request to de-designate the material. If the Parties are unable to agree on the protected status of a ...


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