United States District Court, W.D. North Carolina, Statesville Division
S. CAYER UNITED STATES MAGISTRATE JUDGE.
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:
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, ” 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;
c. Any documents, records or information which relate to any
medical treatment of Plaintiff.
“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
“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information, trade secrets and unpublished patent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.
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.
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.
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.
Information or documents designated as
“Confidential” shall not be ...