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Woods v. Mannứꙺ Filtration Technology U.S. LLC

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

March 8, 2019

CHARLES A. WOODS, Plaintiff,
v.
MANNᵃఐ FILTRATION TECHNOLOGY U.S. LLC, MANN HUMMEL USA, INC., and MANNᵃఐ FILTRATION TECHNOLOGY GROUP, INC. Defendants.

          Trevor M. Fuller NC State Bar No. 27044 THE FULLER LAW FIRM, P.C. Trevor M. Fuller NC State Bar No. 27044 THE FULLER LAW FIRM, P.C.

          Mason G. Alexander NC State Bar No. 23945 Crystal M. Trotter NC State Bar No. 40200 FISHER & PHILLIPS LLP ATTORNEYS FOR DEFENDANTS

          CONSENT PROTECTIVE ORDER

          DAVID C. KEESLER UNITED STATES MAGISTRATE JUDGE

         The Parties contend that the claims in this case implicate certain information that is confidential, sensitive, and/or proprietary personnel information that should be protected pursuant to a Court Order. For this reason, the Parties desire to ensure that certain information provided, released, exchanged, or reviewed during discovery is not used or disclosed improperly and to ensure that confidential, sensitive and proprietary information is sufficiently protected. Because of these concerns, the Parties request the following provisions regarding the discovery of information, documents, items, and other materials during the discovery in this lawsuit and continuing through trial.

         Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, and deeming it just and proper to do so, the Court enters the following ORDER:

         1. This Order governs the handling and disclosure of all materials produced, given or filed herein by the parties and designated as “CONFIDENTIAL.”

         2. Any party producing documents, material or other information (collectively "Information") in this litigation which that party reasonably believes is confidential, sensitive and/or proprietary and the public disclosure of which would be harmful to that party, may designate such Information, or any part thereof, as confidential (hereinafter "Confidential Information"). Any discovery, pleadings, affidavits, material and any other documents produced and/or exchanged shall be designated Confidential Information and marked by the producing party with the word "CONFIDENTIAL" on each page or object so designated.

         3. "Confidential Information" as used herein includes, but is not necessarily limited to:

a. All proprietary, financial or other sensitive information, including medical records and personnel file information, which is not generally accessible to the public, is entitled to an expectation of privacy, and is otherwise treated by a party as confidential; and
b. Any other information the parties deem "Confidential Information" as exchanged.

         4. Should a party object to the designation of any material as "Confidential Information," that party may apply to the Court for a ruling on the propriety or legitimacy of the designation. Until the Court enters an Order, if any, changing the designation of the material, it shall be treated as Confidential Information as provided in this Order.

         5. Except upon further Order of the Court, Confidential Information shall not be reviewed, disclosed or released to anyone other than:

a. The Court, including Court assistants, staff and other Court personnel;
b. Counsel for the parties to this action, including corporate counsel, their legal assistants, paralegals and other law ...

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