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Flooring Pro Industries, LLC v. Henderson

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

November 5, 2019

FLOORING PRO INDUSTRIES, LLC, Plaintiff,
v.
HOLLIS C. HENDERSON, JR., HOLLIS C. HENDERSON III, CNS FASTENERS, LLC f/k/a CAROLINA NAIL SYSTEMS, LLC, HOLLIS HENDERSON FASTENERS, LLC, ROMP FASTENERS, LLC and ROMP FASTENERS N.A., LLC, Defendants. HOLLIS C. HENDERSON, JR. and HOLLIS HENDERSON FASTENERS, LLC, Counterclaim-Plaintiffs,
v.
FLOORING PRO INDUSTRIES, LLC, Counterclaim-Defendant.

          PROTECTIVE ORDER

          DAVID S. CAYER UNITED STATES MAGISTRATE JUDGE.

         It is hereby ORDERED by the Court that the following restrictions and procedures shall apply to certain information, documents and excerpts from documents supplied by the parties to each other in response to discovery requests:

         1. Counsel for any party may designate any document or information contained in a document as confidential if counsel determines, in good faith, that such designation is necessary to protect the interests of the client. Information and documents designated by a party as confidential will be labeled “CONFIDENTIAL - PRODUCED PURSUANT TO PROTECTIVE ORDER.” “Confidential” information or documents may be referred to collectively as “confidential information.”

         2. “Confidential information, ” as used herein includes, but is not necessarily limited to:

a. All financial or other sensitive information, which is not generally accessible to the public and is otherwise treated by a party as confidential;
b. Any confidential documents of the nature described above that are produced by third parties in response to a subpoena; and
c. Any documents, records or information which relate to any medical treatment of Plaintiff.

         3. “Confidential” shall be a designation reserved for information that the designating party desires to be protected from dissemination or use for purposes other than this litigation but does not require the “Attorneys' Eyes Only” designation. Information shall not be designated as “Confidential” unless the designating party has a good faith belief that such information meets these requirements.

         4. “Attorneys' Eyes Only” shall be a designation reserved for competitively sensitive business, research & development, business planning, financial, and/or sales information, trade secrets and unpublished patent applications, that, if disclosed to competitors in the field at issue, would reveal technical or business advantages of the designating party. Additional categories of materials may be designated as “Attorneys' Eyes Only” only by agreement of the parties or order of the Court. Information shall not be designated as “Attorneys' Eyes Only” unless the designating party has a good faith belief that such information meets these requirements.

         5. Documents intended to be protected under this Protective Order shall be clearly marked “Attorneys' Eyes Only” or “Confidential” on each page of the document. If the nature of the information intended to be protected under this Protective Order makes it undesirable, difficult or impossible to physically mark the information as “Attorneys' Eyes Only” or “Confidential, ” the designating party may invoke the protections of this Protective Order by including a writing with such information indicating the designation and specifically identifying what portions of the produced information are designated.

         6. If a document includes “Attorneys' Eyes Only” or “Confidential” information in addition to other information, and the “Attorneys' Eyes Only” or “Confidential” information is redacted, the remainder of the document may be treated as if it did not contain the redacted information.

         7. Unless otherwise ordered by the Court, or otherwise provided for herein, the confidential information disclosed will be held and used by the person receiving such information solely for use in connection with the above-captioned action.

         8. In the event a party challenges another party's confidential designation, counsel shall make a good faith effort to resolve the dispute, and in the absence of a resolution, the challenging party may thereafter seek resolution by the Court. Nothing in this Protective Order constitutes an admission by any party that confidential information disclosed in this case is relevant or admissible. Each party specifically reserves the right to object to the use or admissibility of all confidential information disclosed, in accordance with applicable law.

         9. Information or documents designated as “Confidential” shall not be ...


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