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Clawson v. Allergan USA, Inc.

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

August 27, 2019

CARMELA CLAWSON, Plaintiff,
v.
ALLERGAN USA, INC., Defendant.

          Thomas K. Barlow Halligan Mahoney Williams Smith Fawley & Reagle, PA Joseph D. Dickey, Jr. Dickey Law Group, LLC Attorneys for Plaintiff Carmella Clawson

          Stephen D. Dellinger, Elizabeth H. Pratt, LITTLER MENDELSON, P.C. Bank of America Corporate Center Attorneys for Defendant ALLERGAN USA, INC.

          STIPULATED PROTECTIVE ORDER ON CONFIDENTIALITY

          W. Carleton Metcalf United States Magistrate Judge.

         This matter is before the Court on the parties' Consent Motion for Entry of Protective Order on Confidentiality (Doc. 16). The Motion is allowed and the parties' proposed Order is approved, as amended, herein.

         Purpose and Scope

         The purpose of this Stipulated Protective Order (“Order”) is to govern the parties' handling and disclosure of personal and proprietary information during discovery and mediation. This Order does not govern testimony at any trial or 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 or the Circuit Court.

         Definition of Confidential Information

         1. “Confidential Information” as used herein means any type or classification of information which is designated as “confidential” in the manner specified below, in the good faith belief that such information falls within the scope of Rule 26(c) of the Federal Rules of Civil Procedure and is subject to this Order. For purposes of this Order, “Confidential Information” means proprietary, business, commercial, financial and/or personal information, including but not limited to employee personnel files, pay information, medical records, drug testing documents, workers' compensation files, corporate policies and procedures, trade secrets and other competitively sensitive materials, financial records, information about disabilities, tax returns, retirement benefits, customer information, and other personal or financial information relating to third parties. “Confidential Information” may include documents, information contained in documents, depositions, interrogatory answers, and all other discovery pursuant to the Federal Rules of Civil Procedure, and other information furnished by or on behalf of any party in connection with this litigation that falls within the scope of this Order. Confidential Information does not include information or documents that (1) were properly and lawfully obtained, publicly available and/or in the public domain at the time of disclosure; (2) become publicly available and/or part of the public domain through no fault of a receiving party; or (3) were in the possession of or already known to the receiving party at or before the time of disclosure as a result of proper means.

         Designation of Information as Confidential

         2. The party producing any documents or information, including that it received in response to a third-party subpoena, subject to this Order shall have the right to use its discretion in designating materials to be Confidential Information as defined herein. However, the party shall be obligated to designate only documents or information that it believes in good faith to be information within the scope of Rule 26(c) of the Federal Rules of Civil Procedure. Moreover, the party shall be obligated to make specific designations to the extent reasonably possible and to avoid overbroad designations. If any party produces a document that should have been designated as confidential but was not designated as such, that party may subsequently designate the document as confidential by notifying all parties in writing within thirty (30) days after discovery of its failure to designate and by providing copies of such document bearing a confidential designation. Upon the designation of any material as confidential, all originals, copies, reproductions, and duplications of such material shall be subject to the provisions of this Order.

         3. Any party producing documents may designate such documents and copies thereof as confidential by marking any confidential page as follows: CONFIDENTIAL. In lieu of placing said legend on the originals of documents, the producing party may legend the copies that are produced. When producing a multi-page document, all of which it contends is confidential, a party may designate the entire document as confidential by marking the cover page as follows: CONFIDENTIAL.

         4. Information disclosed at the deposition of any party or at the deposition of one of the Defendant's present or former officers, directors, employees or agents, or of independent experts retained by any party for purposes of this litigation may be designated by such party as confidential by indicating on the record at the deposition that the testimony is confidential and subject to the provisions of this Order. Alternatively, such party may designate information disclosed at such deposition as confidential by notifying all parties in writing, within fifteen (15) days of receipt of the transcript, of the specific pages and lines of the transcript that are confidential. Each party shall attach a copy of such written statement to the face of the transcript and each copy thereof in its possession, custody or control. All depositions shall be treated as confidential for a period of at least fifteen (15) days after a full and complete transcript of said deposition is available.

         Use of Confidential Information

         5. Confidential Information shall be used only for the purpose of these proceedings and shall not be disclosed to any person except the following:

(a) Counsel for any party, the legal associates, and clerical or other support staff of such counsel assisting in the preparation of this action, and any party, to the extent necessary to prepare this case for this litigation;
(b) Agents, representatives and employees of any party, as is necessary to prepare this ...

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