Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Neal v. Wal-Mart Stores, Inc.

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

September 17, 2019

Curtis Neal, on behalf of himself and others similarly situated, Plaintiff,
v.
Wal-Mart Stores, Inc., d/b/a Walmart And Synchrony Bank, f/k/a GE Capital Retail Bank, Defendants. Roy Campbell on behalf of himself and all others similarly situated, Plaintiff,
v.
Synchrony Bank, Defendant.

          LEMBERG LAW LLC BY SERGEI LEMBERG, STEPHEN F. TAYLOR, RUTH M. ALLEN, RUTH ALLEN LAW, PLLC ATTORNEYS FOR PLAINTIFFS

          GREENWALD DAVIDSON RADBIL PLLC BY AARON D. RADBIL, A LAW OFFICES OF WESLEY S. WHITE ATTORNEYS FOR PLAINTIFFS

          STROOCK & STROOCK & LAVAN LLP BY JULIA B. STRICKLAND, JULIETA STEPANYAN, MICHAEL D. DEFRANK, SAMUEL A. SLATER WYRICK ROBBINS YATES & PONTON LLP ATTORNEYS FOR DEFENDANTS WAL-MART STORES, INC. AND SYNCHRONY BANK

          AGREED CONFIDENTIALITY ORDER

          DAVID C. KEESLER UNITED STATES MAGISTRATE JUDGE

         The parties have agreed to and have submitted to the Court, and for good cause shown the Court hereby enters, the following Confidentiality Order:

         1. This Order shall govern the disclosure of materials designated as Confidential Material in this litigation. Confidential Material, as used in this Order, shall refer to any document or item designated as Confidential, including but not limited to, documents or items produced during discovery, all copies thereof, and the information contained in such material. Nothing in this Order shall require any party to produce any specific documents or category of documents which a party deems inappropriate for production.

         Definitions of Confidential Material

          2. Confidential Material, as used in this Order, may consist of the following: Materials relating to any privileged, confidential, or nonpublic information, including, but not limited to, trade secrets, research, design, development, financial, technical, marketing, planning, personal, or commercial information, as such terms are used in the Federal Rules of Civil Procedure (Fed. R. Civ.) and any applicable case law interpreting Fed. R. Civ. 26(c)(1)(G); contracts; non-public compilations of retail prices; proprietary information; vendor agreements; personnel files; claim/litigation information; and nonpublic policies and procedures. Protected Data shall refer to any information that a party believes in good faith to be subject to federal, state or foreign data protection laws or other privacy obligations. Examples of such data protection laws include but are not limited to The Gramm-Leach-Bliley Act, 15 U.S.C. § 6801 et seq. (financial information); and, The Health Insurance Portability and Accountability Act and the regulations thereunder, 45 CFR Part 160 and Subparts A and E of Part 164 (medical information). Certain Protected Data may compel alternative or additional protections beyond those afforded Confidential material, in which event the parties shall meet and confer in good faith, and, if unsuccessful, shall move the Court for appropriate relief. The parties expressly reserve the right to meet and confer regarding production of responsive materials for which the parties contend a higher level of protection is necessary. The parties shall not designate as confidential information that is already public knowledge.

         3. The parties agree that such Confidential Material as described in paragraph 2 should be given the protection of an order of this Court to prevent injury through disclosure to persons other than those persons involved in the prosecution or defense of this litigation.

         Procedure for Designating Information as Confidential

         4. To designate information as confidential, the Producing Party shall mark Confidential Material with the legend “CONFIDENTIAL.” Parties shall submit confidential discovery responses, such as answers to interrogatories or answers to requests for admissions, in a separate document stamped with the appropriate legend designating those responses as Confidential Material. The Receiving Party may make copies of Confidential Material and such copies shall become subject to the same protections as the Confidential Material from which those copies were made.

a. Information on a disk or other electronic format (e.g., a native format production) may be designated confidential by marking the storage medium itself (or the native file's title) with the legend “CONFIDENTIAL.” The Receiving Party shall mark any hard-copy printouts and the storage medium of any permissible copies of such electronic material with the corresponding legend contained on the original and such copies shall become subject to the same protections, as the Confidential Material from which those copies were made.
b. Information disclosed at any deposition of a party taken in this action may be designated by the party as confidential by indicating on the record at the deposition that the information is confidential and subject to the provisions of this Order. Alternatively, the party may designate information disclosed at the deposition as confidential by notifying the court reporter and other parties in writing, within fifteen (15) business days of receipt of the transcript, of the specific pages and lines of the transcript which are designated as confidential. The parties may agree to a reasonable extension of the 15-business-day period for designation. Designations of transcripts will apply to audio, video, or other recordings of the testimony. During such 15-business-day period, the entire transcript shall receive confidential treatment. Upon such designation, the court reporter and each party shall affix the “CONFIDENTIAL” legend to the designated pages and segregate them as appropriate.

         5. A Producing Party may change the confidentiality designation of materials it has produced, as follows: (1) The Producing Party must give the receiving parties notice of the change by identifying the documents or information at issue. Once notice is given, the Receiving Party must make good-faith efforts to ensure that the documents or information are accorded treatment under the new designation. (2) Within a reasonable period after giving notice, the Producing Party must reproduce the documents or information in a format that contains the new designation. (3) If such information has been disclosed to persons not qualified pursuant to paragraph(s) (12-13) below, the party who disclosed such information shall (a) take reasonable efforts to retrieve previously disclosed Confidential Material; (b) advise such persons that the material is Confidential; and (c) give the Producing Party written assurance that steps (a) and (b) have been completed.

         Clawback Provisions

         6. The production of privileged or work-product protected documents, electronically stored information (ESI) or information, whether inadvertent or otherwise, is not a waiver of the privilege or protection from ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.