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United Statese ex rel. Hayes v. Charlotte Mecklenburg Hospital Authority

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

December 20, 2019

UNITED STATES OF AMERICA, ex rel., Daniel Hayes, M.D., Plaintiff,
v.
CHARLOTTE MECKLENBURG HOSPITAL AUTHORITY and METROLINA NEPHROLOGY ASSOCIATES, P.A., Defendants.

          CONSENT PROTECTIVE ORDER GOVERNING DISCOVERY AND DISCLOSURE OF CONFIDENTIAL INFORMATION

          GRAHAM C. MULLEN UNITED STATES DISTRICT JUDGE

         Upon the motion of Plaintiff Daniel H. Hayes, M.D. and Defendant Charlotte Mecklenburg Hospital Authority (“Atrium”) (collectively the “Parties”), and for good cause shown, it is hereby ORDERED by the Court, that the following terms and conditions shall govern the use and handling of confidential information and documents produced by the Parties in the above-captioned matter (“the Litigation”):

         1. All documents and data, including electronically stored information, produced and all information obtained through discovery in the Litigation shall be used only for purposes of litigation between the Parties.

         2. “Confidential Information” shall mean any and all information produced in the course of discovery or trial which a Party deems to contain trade secrets or other proprietary, technical, financial, personal or confidential information (including but not limited to design, manufacturing, research, commercial or business information) and which is designated by such Party as “Confidential” pursuant to the terms and mechanisms of this Consent Protective Order (the “Order”). The following documents, electronic data, and/or information may be designated as “Confidential” pursuant to this Order: (a) trade secrets; (b) confidential or proprietary business information; and (c) confidential or private personal information.

         3. To assert a claim that information is “Confidential, ” the Parties shall designate the whole or any part of any documents as such by stamping or imprinting the words “CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER” upon every page of the produced copies of the document at the time of production. Such designations shall be utilized in good faith and only for such matters as documents disclosing Confidential Information as defined herein.

a. In the case of information contained on computer servers, hard drives, or cloud storage accounts, counsel producing such servers, hard drives, or cloud storage accounts shall designate with specificity in writing to counsel for the Parties whether some or all of the information on such servers, hard drives, or cloud accounts is to be treated as “Confidential.”
b. In the case of depositions, including any transcripts or recordings thereof, the Party may designate the deposition as “Confidential” by making such designation on the record during the deposition, or after the deposition concludes by notifying the opposing Party in writing that it is making such designation. Such designation shall apply to the deposition and any transcript or other recording thereof. The Party making the designation shall have thirty (30) days from delivery of the final deposition transcript to make the designation (the “designation period”) and until the earlier of receipt of such written notification or the expiration of the designation period, the Parties must provisionally treat the deposition transcripts as “Confidential.” If the Party determines that some or all of the transcript contains Confidential Information, the document shall bear a stamped legend of “CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER” and the specific Confidential Information contained therein shall bear the notation “Confidential.” Unless the Parties intend to designate all of the information contained within the deposition testimony as “Confidential, ” counsel for that Party should indicate in a clear fashion the portion of the testimony which is intended to be designated as “Confidential” and such testimony should be segregated or placed in a separate transcript bearing the appropriate designation. Any portion of a transcript discussing materials designated as “Confidential” shall be similarly designated.
c. Written discovery, motions or pleadings containing or reflecting information designated as “Confidential” under this Order shall bear a stamped legend of “CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER” and the specific Confidential Information contained therein shall bear the notation “Confidential.” If such written discovery, motion or pleading containing Confidential Information is filed with the Court, only the “Confidential” portion of such written discovery or pleading will be filed with the Court in accordance with Paragraph 8 of this Order. The non-confidential portion of any written discovery or pleading will not be subject to the terms of this Order.

         4. In the event that the producing person inadvertently fails to designate discovery material as “Confidential” in the Litigation, it may make such a designation subsequently by notifying all Parties to whom such discovery material was produced, in writing, as soon as practicable. After receipt of such notification, the Parties to whom production has been made shall treat the designated discovery material as “Confidential, ” subject to their right to dispute such designation in accordance with Paragraph 7 below; provided however that any prior disclosure by the receiving Party of the discovery material before its designation as “Confidential” shall not be deemed a violation of this Order.

         5. Materials designated as “Confidential” may only be disclosed or made available by the Party receiving such information to the following individuals provided that such individuals are informed of the terms of this Order:

a. the Parties in the Litigation;
b. the employees or officers of the Parties to the Litigation who are working with counsel in the Litigation and need to review the documents in order to provide assistance to counsel in the Litigation;
c. legal counsel for the Parties and paralegals, support staff, investigators, consultants, or attorneys working with, retained, or employed by legal counsel ...

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