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.

Scalzo v. Brandenburg

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

October 6, 2019

RICHARD SCALZO, Plaintiff,
v.
JAMES ETSON BRANDENBURG, Defendant.

          CONSENT PROTECTIVE ORDER

          W. CARLETON METCALF UNITED STATES MAGISTRATE JUDGE

         IT IS HEREBY STIPULATED BY THE PARTIES AND ORDERED BY THE COURT as follows:

         The Court finds that certain information sought to be produced during discovery in this action likely will represent or contain sensitive, confidential, or proprietary business information, or other confidential personal, financial, medical, educational, or personnel records, and/or technical or commercial information within the meaning of Rule 26(c) of the Federal Rules of Civil Procedure. Accordingly, the Court finds good cause for entry of this Protective Order (“Protective Order”), as amended.

         IT IS THEREFORE ORDERED as follows:

         1. Parties to the Protective Order.

         The parties to this Protective Order are Plaintiff Richard Scalzo and Defendant James Etson Brandenburg (collectively, the “Parties”). The Parties consent to this Protective Order through their counsel of record: Plaintiff, through Brian Gulden of Patla, Straus, Robinson & Moore, P.A. and Ann Schildhammer and Joseph Sullivan of Taylor English Duma LLP and Defendant, through Joseph P. McGuire and Murphy H. Fletcher of McGuire, Wood & Bissette, PA.

         To the extent that any other person seeks access to information designated as confidential pursuant to this Protective Order, such person or such person's counsel must first execute the Agreement Concerning Protected Information attached as Exhibit 1 hereto (“Confidentiality Agreement”). Specifically, and without limiting the foregoing, if any party to the above-captioned litigation (“Litigation”) who is not a Party to this Protective Order seeks access to information designated as confidential, seeks to attend a portion of any deposition at which confidential information is discussed or seeks to review any deposition exhibit containing confidential information, such party or its counsel must first execute the Confidentiality Agreement. As used herein, the term “Signatory” shall refer to any person who has executed the Confidentiality Agreement.

         2. Material Governed.

         This Protective Order shall govern all discovery material produced or disclosed in this Litigation, including the following: documents (which shall have the broadest possible meaning and include information memorialized in any way, including in paper or electronic format), data and information, answers to interrogatories, deposition transcripts, answers to deposition questions, responses to requests for admission, affidavits, and such other materials and information as may be provided by the Parties or other persons during the course of discovery in this Litigation, including pages of documents or divisible parts of other materials.

         3. “Confidential Information.”

         For purposes of this Protective Order, “Confidential Information” means information in any form, including those described in paragraph 2, that is disclosed and designated in accordance with the procedures set forth in this Protective Order and that reflects or contains: personal financial information, e.g., salary information, account statements, and tax returns and related schedules and supporting documents; and business, financial, or economic information that would ordinarily be maintained in confidence, where the disclosing person has taken appropriate efforts to maintain the confidentiality of such information or the party is otherwise required to keep such information confidential by agreement or law. The designation of material as Confidential Information shall be deemed effective, subject to the provisions of paragraph 17.

         4. Public Information.

         No document or other material that is or becomes available to the public, other than through a violation of this Protective Order, shall be considered Confidential Information.

         5. Uses.

         Confidential Information appearing in any form, including those described in paragraph 2, may not be disclosed to any person except as permitted in paragraph 13 or as otherwise ordered by the Court. Confidential Information produced in this Litigation is to be used solely for purposes of this Litigation (e.g., preparing for trial, for use at trial, and preparing for any appeal of this Litigation) and shall not be used in any other litigation, or for any business or other purpose whatsoever. By their signatures below, undersigned counsel specifically agree and represent that they and their clients will not provide such information or documents to anyone who is not a Party or a Signatory, including but not limited to posting (either directly or indirectly) any Confidential Information on any website that is accessible to anyone who is not a Party or a Signatory.

         6. Designation of Information as “CONFIDENTIAL.”

         A Party or other person may, in the exercise of good faith, designate any material as Confidential Information pursuant to this Protective Order. Documents, responses to interrogatories, responses to requests for admission, exhibits, and other material may be designated as containing Confidential Information by stamping the word “CONFIDENTIAL” on each page or medium containing the material or data sought to be protected, such that the material or data appearing on the page is not obscured. Upon request of counsel for any Party to this Litigation, the designating person shall promptly and precisely identify the Confidential Information on a page stamped “CONFIDENTIAL.” Material produced or used in a non-hard copy format (e.g., a native format, such as an Excel spreadsheet file or Word document file) may be designated as containing Confidential Information by stamping the word “CONFIDENTIAL” on any compact disc containing such material and/or by otherwise conspicuously indicating, as appropriate for the type of electronic material at issue, that such material is “CONFIDENTIAL” (e.g., by including the word “CONFIDENTIAL” in the name of the electronic file).

         7. Documents Produced for Inspections.

         For purposes of disclosing documents for inspection, the disclosing person may refrain from designating specific documents as Confidential Information until after the inspecting person has selected specific documents and/or materials for copying. In this event, the disclosing person shall announce in writing prior to producing the documents or material for inspection that all such documents and material should be considered Confidential Information for the purposes of the inspection. After the inspecting person selects specified documents and material ...


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.