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Inventiv Health Consulting, Inc. v. French

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

April 23, 2019


          INVENTIV HEALTH CONSULTING, INC., its attorneys, Russell Beck, Stephen D. Riden, Hannah T. Joseph, BECK REED RIDEN LLP, Pro Hae Vice Motions to be Filed.

          ALAND. FRENCH, JR., PRIY A GOG IA, JASON DEBASITIS, and JIERU ZHENG, their attorneys, Melanie Black Dubis, N.C., Catherine R.L. Lawson, N.C., PARKER POE ADAMS & BERNSTEIN LLP,



         WHEREAS the parties jointly moved the Court for entry of a Consent Protective Order pursuant to Federal Rule of Civil Procedure 26(c), and

         WHEREAS the discovery and pretrial phase of this action may involve disclosures of trade secrets and other confidential and proprietary business and financial information, It is HEREBY ORDERED as follows:

         1. SCOPE.

         This Order shall govern all pleadings and all forms of discovery including, but not limited to, testimony given at any deposition in this action, and all designated answers, documents, and other discovery materials or things disclosed by one party herein to another whether informally or in response to interrogatories, requests for admissions or request for production of documents, now pending or hereafter, any information obtained therefrom (hereinafter referred to as "Designated Information"), and documents and things provided by third parties.


         Any party to this action (hereinafter the "designating party") shall have the right to designate as "Confidential," or "Confidential - Attorneys' Eyes Only," any information it believes to constitute trade secrets, or confidential or proprietary information, which it believes in good faith qualifies for protection under F.R.C.P. 26(a). The parties to this Protective Order agree that marking documents and things with the legend "Confidential - Attorneys' Eyes Only" shall be an exceptional classification and that the legend "Confidential - Attorneys' Eyes Only" shall be reserved for only the most highly sensitive business documents. Once a party designates material in accordance with this Protective Order, the parties shall similarly designate all copies thereof.


         The term "Confidential Information" is defined to include all information, whether or not in writing, of a private, secret, or confidential nature concerning the parties' business, business relationships, or financial affairs. By way of illustration, but not limitation, Confidential Information may include inventions, products, processes, methods, techniques, formulas, compositions, compounds, projects, developments, plans, research data, clinical data, financial data, personnel data, software, documentation, computer programs, trade secrets, customer and supplier lists, contact information of customers or prospective customers of the parties, names of customers or prospective customers of the parties, and financial information, technical information, or data related to products, services, and customers of the parties.

         4. HOW TO DESIGNATE.

         a. A designating party, in good faith, may designate "Confidential" or "Confidential - Attorneys' Eyes Only" information by marking each item or page with the plainly legible words, "Confidential - [name of producing/designating party]," or "Confidential - Attorneys' Eyes Only - [name of producing/designating party]."

         b. A designating party may also elect to designate information as "Confidential" or "Confidential - Attorneys' Eyes Only" after production and, in such case, the designating party shall notify in writing counsel for all other parties who will then so mark the Designated Information. Thereafter, counsel for all other parties shall treat the designated material as "Confidential" or "Confidential - Attorneys' Eyes Only" information, as appropriate, and shall take reasonable steps to reclaim any such Designated Information which may have reached the possession of any persons not authorized under this Protective Order to receive such information.

         c. No. party shall be responsible to another party for any use of information produced and not identified by the producing party as "Confidential" or "Confidential -Attorneys' Eyes Only" in accordance with the provisions of this Protective Order.

         d. Deposition transcripts may be so designated either (1) before the court reporter transcribes the testimony, in which case each page of the portion of the transcript of the designated testimony shall be marked "Confidential" or "Confidential - Attorneys' Eyes Only" by the reporter, as the designating party may direct, or (2) by written notice to the reporter and all counsel of record, within fifteen (15) days after the court reporter notifies the parties that the transcript has been prepared, in which case all counsel receiving such notice shall be responsible for marking the copies of the designated transcript in their possession or under their control as directed by the designating party. All testimony elicited during depositions, hearings, and other proceedings shall be deemed "Confidential" until the expiration of fifteen (15) days after notification by the court reporter that the transcript has been prepared.

         The restrictions and obligations set forth herein relating to Confidential materials shall not apply to any information which the parties agree, or the Court rules, (a) was or becomes public knowledge other than as a result of disclosure by the receiving party or (b) has come or shall come into the receiving party's legitimate possession independently of the providing party. Such restrictions and obligations shall not be deemed to prohibit discussions with any person of r any Confidential materials if the parties agree or the Court rules that said person already had or obtained possession thereof legitimately.


         All information produced under this Protective Order is to be used solely for this action and for no other purposes. After the effective date of the parties' agreement to the terms of this Stipulated Protective Order, which shall be deemed the date on which both parties have signed this stipulation, no person may disclose in public or private, information designated "Confidential" or "Confidential -Attorneys' Eyes Only", except as set forth in this Protective Order. Persons having access to "Confidential" and "Confidential - Attorneys' Eyes Only" information shall not disclose or provide such information to any person not authorized under this Protective Order. However, nothing contained in this Protective Order shall affect the right of any designating party to disclose to its officers, directors, employees, or experts information ...

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