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Pacific Alliance Corp. v. McCoy Wiggins, PLLC

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

March 28, 2019

PACIFIC ALLIANCE CORPORATION, Plaintiff
v.
MCCOY WIGGINS, PLLC, RICHARD M. WIGGINS and KENNETH B. DANTINNE, Defendants

          PROTECTIVE ORDER

          TERRENCE W. BOYLE CHIEF UNITED STATES DISTRICT JUDGE.

         In accordance with Rule 26(c) of the Federal Rules of Civil Procedure and for good cause shown, IT IS HEREBY ORDERED THAT:

         1. Scope of Protection

         This Protective Order shall govern any record or information produced by MMX Transportation, Inc. ("MMX") in this action and designated pursuant to this Protective Order.

         This Protective Order shall apply to the parties, their counsel, employees, insurers, consultants, Technical Advisors (as denned below), and representatives and to MMX.

         2. Definitions

         (a) The term PROTECTED INFORMATION shall mean confidential or proprietary technical, scientific, financial or business information designated pursuant to this Protective Order.

         (b) The term CONFIDENTIAL INFORMATION - ATTORNEYS EYES ONLY, shall mean PROTECTED INFORMATION that is so designated in good faith by MMX. The designation CONFIDENTIAL - ATTORNEYS EYES ONLY may be used only for the following types of past, current, or future PROTECTED INFORMATION: (1) sensitive technical information, (2) sensitive business information, including highly sensitive financial or marketing information and the identity of suppliers, distributors and potential or actual customers, (3) competitive technical information, including technical analyses or comparisons of competitor's services and/or products, (4) competitive business information, including non-public financial or marketing analyses or comparisons of competitor's services and/or products, or (5) any other PROTECTED INFORMATION the disclosure of which to non-qualified people subject to this Protective Order MMX reasonably and in good faith believes would likely cause harm.

         (c) The term CONFIDENTIAL INFORMATION shall mean all PROTECTED INFORMATION that is not designated as CONFIDENTIAL - ATTORNEYS EYES ONLY information.

         (d) The term TECHNICAL ADVISOR shall refer to any person who is not a party to this action and/or not presently employed by the receiving party or a company affiliated through common ownership, who has been designated by the receiving party to receive another party's PROTECTED INFORMATION, including CONFIDENTIAL INFORMATION - ATTORNEYS EYES ONLY, and CONFIDENTIAL INFORMATION. Each party's TECHNICAL ADVISORS shall be limited to such person as, in the judgment of that party's counsel, are reasonably necessary for development and presentation of that party's case. These persons include outside experts or consultants retained to provide technical or other expert services such as expert testimony or otherwise assist in trial preparation.

         3. Disclosure Agreements

         (a) Each receiving party's TECHNICAL ADVISOR shall sign a disclosure agreement in the form shown below in Section 18 of this Protective Order. Copies of any disclosure agreement in the form of Section 18 signed by any person or entity to whom PROTECTED INFORMATION is disclosed shall be provided to counsel for MMX promptly after execution by electronic mail. No. disclosures shall be made to a TECHNICAL ADVISOR for a period of five (5) business days after the disclosure agreement is provided to counsel for MMX.

         (b) Before any PROTECTED INFORMATION is disclosed to outside TECHNICAL ADVISORS, the following information must be provided in writing to counsel for MMX and received no less than five (5) business days before the intended date of disclosure to that outside TECHNICAL ADVISOR: the identity of that outside TECHNICAL ADVISOR, business address and/or affiliation and a current curriculum vitae of the TECHNICAL ADVISOR, and, if not contained in the TECHNICAL ADVISOR'S curriculum vitae, a brief description, including education, present and past employment and general areas of expertise of the TECHNICAL ADVISOR. If MMX objects to disclosure of PROTECTED INFORMATION to an outside TECHNICAL ADVISOR, MMX shall within five (5) business days of receipt serve written objections identifying the specific basis for the objection, and particularly identifying all information to which disclosure is objected. Failure to object within five (5) business days shall authorize the disclosure of PROTECTED INFORMATION to the TECHNICAL ADVISOR. As to any objections, the parties and MMX shall attempt in good faith to promptly resolve any objections informally. If the objections cannot be resolved, MMX shall move within five (5) business days of serving its written objections for an Order of the Court preventing the disclosure. The burden of proving that the designation is proper shall be upon receiving party. If no such motion is made within five (5) business days, disclosure to the TECHNICAL ADVISOR shall be permitted. In the event that objections are made and not resolved informally and a motion is filed, disclosure of PROTECTED INFORMATION to the TECHNICAL ADVISOR shall not be made except by Order of the Court.

         (c) Any disclosure agreement executed by any person affiliated with a party shall be provided to any other party who, based upon a good faith belief that there has been a violation of this order, requests a copy.

         (d) No party shall attempt to depose any TECHNICAL ADVISOR until such time as the TECHNICAL ADVISOR is designated by the party engaging the TECHNICAL ADVISOR as a testifying expert. Notwithstanding the preceding sentence, any party may depose a TECHNICAL ADVISOR as a fact witness provided that the party seeking such deposition has a good faith, demonstrable basis independent of the disclosure agreement of Section 18 or the information provided under subparagraph (a) above that such person possesses facts relevant to this action, or facts likely to lead to the discovery of admissible evidence; however, such deposition, if it precedes the designation of such person by the engaging party as a testifying expert, shall not include any questions regarding the scope or subject matter of the engagement.

         4. Designation of Information

         (a) Documents and things produced or furnished during the course of this action by MMX shall be designated as containing PROTECTED INFORMATION by placing on each page, each document (whether in paper or electronic form), or each thing a legend substantially as follows:

         CONFIDENTIAL INFORMATION

         (b) Documents and things produced or furnished during the course of this action by MMX shall be designated as containing information which is CONFIDENTIAL INFORMATION - ATTORNEYS EYES ONLY by placing on each page, each document (whether in paper or electronic form), or each thing a legend substantially as follows:

         CONFIDENTIAL INFORMATION - ATTORNEYS EYES ONLY

         (c) MMX will use reasonable care to avoid designating any documents or information as CONFIDENTIAL INFORMATION or as CONFIDENTIAL INFORMATION - ATTORNEYS EYES ONLY that is not entitled to such designation or which is generally available to the public.

         5. Disclosure and Use of Confidential Information

         Information that has been designated CONFIDENTIAL INFORMATION or as CONFIDENTIAL INFORMATION - ATTORNEYS EYES ONLY shall be disclosed by the receiving party only to Qualified Recipients. All Qualified Recipients shall hold such information received from MMX in strict confidence, shall use the information only for purposes of this action and for no other action, and shall not use it for any business or other purpose, and shall not disclose it to any person, except as hereinafter provided. All information that has been designated CONFIDENTIAL INFORMATION or as CONFIDENTIAL ...


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