United States District Court, E.D. North Carolina, Northern Division
CONSENT PROTECTIVE ORDER (CLAWBACK
E. GATES UNITED STATES MAGISTRATE JUDGE
MATTER COMES before the undersigned Judge at the request of
all parties for entry of a consent protective order pursuant
to Federal Rule of Civil Procedure 26(b) and Federal Rule of
WHEREFORE, IT IS HEREBY ORDERED with the consent of the
parties that discovery sought in this case shall only be had
upon the following terms and conditions:
"Confidential" refers to a claim that documents or
information conform to descriptions included in the North
Carolina Public Records Act, N.C. Gen. Stat. § 132-1.2.
It also includes a claim that documents or information are
subject to Article 7 of N.C. Gen. Stat. Chapter 126.
Documents or information may be Confidential whether they are
produced by a party to this action or by a third person
pursuant to a subpoena or other Court order or process.
"delete" refers to the process of destroying or
erasing Identified Materials from any systems used to house
the documents, including document review databases, hard
drives, cloud storage, and any other location that stores
documents. This concept also includes destroying any hard
copies or paper printouts of Identified Materials.
"Inadvertent Disclosure" refers to the
provisions in Rule 502 of the Federal Rules of Evidence under
which a disclosure does not operate as a waiver of the
attorney-client privilege or work-product protection.
"Identified Materials" refers to documents that the
producing party has, following production, identified in
writing to the receiving party as C6rifi.dential, Privileged,
or otherwise Protected from Disclosure.
"Privileged" refers to a claim of privilege under
the attorney-client privilege or other privilege allowed
under Rules 501 and 502 of the Federal Rules of Evidence.
"Protected from Disclosure" refers to a claim that
documents are trial preparation, work-product, or subject to
a common interest or other similar doctrine.
"sequester" refers to the procedure by which
Identified Materials and any notes made from the Identified
Materials are set apart from other documents produced in this
litigation pending resolution of a claim that the Identified
Materials are Confidential, Privileged, or Protected from
Inadvertent Disclosure, Non-Waiver, and Right to
Inadvertent Disclosure of documents (including both paper
documents and electronically stored information) that are
Confidential, Privileged, and/or Protected from Disclosure
shall not constitute a waiver or impairment of any claim of
Confidentiality, Privilege, or Protection from Disclosure in
this case or in any other federal or state proceeding,
subject to the provisions set forth below:
a. The producing party must notify the receiving party
promptly, in writing, upon discovery that Confidential,
Privileged, or other materials Protected from Disclosure
(hereinafter referred to as the ...