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Spriggs v. Flowers Baking Co. of Newton, LLC

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

March 6, 2019

TERRI SPRIGGS, Plaintiff,
v.
FLOWERS BAKING CO. OF NEWTON, LLC, Defendant.

          Attorney for Plaintif Mullen Holland & Cooper PA.

          Attorney for Defendant Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

          CONSENT PROTECTIVE ORDER

          David C. Keesler, United States Magistrate Judge.

         WHEREAS, the discovery sought by Plaintiff Terri Spriggs (“Plaintiff”) and Defendant Flowers Baking Co. of Newton, LLC (“Defendant”) (collectively the “Parties”) in the above-styled case is likely to involve the production of documents, things, and witness testimony containing Confidential Information; and

         WHEREAS, the Parties have, through counsel, stipulated to the entry of this Protective Order (the “Order”), which shall apply to this civil action only, to prevent unnecessary dissemination or disclosure of Confidential Information; and

         WHEREAS, this Order governs the use of all produced documents, responses to interrogatories and request for admissions, subpoena responses, deposition transcripts, and any other information, documents, objects, or things which have been or will be produced or received by any party during pretrial proceedings in this action pursuant to the Federal Rules of Civil Procedure, as well as any and all copies, abstracts, digests, notes and summaries thereof.

         IT IS, THEREFORE, ORDERED, that the following terms and conditions, having been agreed to by the Parties, are approved by the Court, and binding on all parties to this action:

         I. Confidential Information

         A. “Confidential Information” shall mean and include, without limitation:

1. information that constitutes confidential, proprietary, or financial business information, trade secrets, or information subject to a legally protected right of privacy or a confidentiality agreement with a third party, including, but not limited to, corporate financial statements or financial records; corporate policies; and customer information or contracts;
2. medical records and reports; psychological records and reports; photographs, x-rays or illustrations, or other personal health-related information regarding Plaintiff or any other individual about whom such information is discovered;
3. personal information about Plaintiff and Defendant's current or former employees, including, but not limited to, personnel records and other employment-related information; records related to time worked and pay; income tax records; documents related to employee benefits; and all other documents containing private employment-related information, health-related information, spouse and other dependent information;
4. all personally identifiable information, to include names, dates of birth, addresses, personal images, telephone numbers, email addresses, emergency contact information, social security numbers, driver's license numbers, criminal records, background checks or other reference check information, and/or documents related to employee domestic or financial obligations, such as child support orders and garnishments;
5. Financial information (such as tax records, credit reports, loan applications, bank account information or documents showing profits, losses, payments or income); and
6. Strategic business records

         B. Confidential Information shall NOT include, without limitation, any material that:

1. is, at the time of disclosure, lawfully in the public domain;
2. is already lawfully in the possession of the Party seeking discovery at the time of disclosure and not under any obligation of confidence; or
3. is obtained by a Party by lawful means unrelated to the discovery process and without any obligation of confidence.

         II. Designation of Confidential Information

         A. Good-Faith Determination Required

         1. The Parties shall have the right to designate as Confidential Information those portions of any document which, after making a good-faith assessment, meets the definition of Confidential Information as set forth herein. If any page contains Confidential Information, the entire page may be so marked.

         2. No Party concedes that any document, tangible item and/or deposition testimony marked Confidential by another Party does, in fact, contain Confidential Information, and reserves the right to challenge said designation as set forth below in Section III.

         B. Procedures for Designating Pre-Production

         The Parties recognize that the scope of materials produced as “documents” during discovery may be very broad. “Documents” may include written documents, electronically stored documents, photographs, video tape and other forms of data.

         1. Paper Documents and Non-native Electronic Files

         To designate any information within a document as Confidential Information, the Party shall mark every page of the document in which Confidential Information appears with a legend substantially as follows: “CONFIDENTIAL - PRODUCED PURSUANT TO PROTECTIVE ORDER.”

         2. Non-paper Media

         Where Confidential Information is produced in a non-paper media other than electronic files (e.g., video tape, audio tape), the confidentiality legend should be placed on the media, if possible, and its ...


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