United States District Court, E.D. North Carolina, Western Division
PROTECTIVE ORDER FED.R.CIV.P. 26(C)
KIMBERLY A. SWANK, UNITED STATES MAGISTRATE JUDGE
This
case is before the Court for entry of a Protective Order
pursuant to Rule 26(c) of the Federal Rules of Civil
Procedure on a Joint Motion by Plaintiff Aislrng Canavan
("Plaintiff) and Defendants Kenney Realty Services, LLC,
Kenney Properties, Inc., and Kenney Holdings, LLC
("Defendants").
WHEREAS,
the discovery sought by Plaintiff and Defendants
(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
The
purpose of this Order is to govern the parties' handling
and disclosure of personal and proprietary information during
discovery, mediation and pre-trial motions. This Order does
not govern testimony at trial or any hearing; nor does this
Order govern any tangible thing that may be offered into
evidence at any trial or hearing. Nothing in this Order
should be read as authority to restrict public access to
judicial records, court testimony, matters in evidence, or to
any information relied upon by a court in making its
decisions. Nothing in this Order should be read as authority
to file any document under seal without prior authorization
from this Court.
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:
1. This
Protective Order shall apply to all information, documents
and things produced by a party in this action, including
without limitation, testimony adduced at depositions upon
oral examination or upon written questions pursuant to Rules
30 and 31, answers to Interrogatories pursuant to Rule 33,
documents produced pursuant to Rule 34, information obtained
from inspection of premises or things pursuant to Rule 34,
answers to requests for admission pursuant to Rule 36, and
documents or testimony compelled under Rule 45. Information
and documents produced in this civil action by a non-party
may be subject to this Order if requested by the producing
non-party or by a party to this action if the party can claim
that the information is confidential to it. The party or
nonparty claiming protection of information under this Order
shall be called the Designating Party.
2. All
parties and attorneys of records in the action, and all other
persons and entities possessing or granted access to material
under this Order shall be bound by tins Order. The Court may
impose sanctions on any person or entity possessing or
granted access to material under this Order who discloses or
uses the material for any purpose other than as authorized by
this Order or who otherwise violates the terms of this Order.
3.
Documents-Confidential. Documents which are
designated and stamped "Confidential" shall be
utilized by the party receiving such documents for no other
purpose than in connection with this litigation. Except with
the prior written consent of each Designating Party, or
pursuant to an Order of this Court, material designated as
Confidential shall not be shown, described, or otherwise
revealed to any person or entity, except:
i) parties to this action and their officers, directors,
agents, or employees with a need for such access in order to
prosecute or defend this action;
ii) paralegals, office clerks, secretaries and clerical or
support personnel employed by outside counsel of record for a
party to this action;
iii) consulting experts and testifying experts and their
employees who have been engaged by outside counsel for a
party to this action for the purpose of assisting in this
action;
iv) deposition court reporters and videographers;
v) the Court, including judicial employees and all other
necessary personnel, such as ...