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Rogers v. Steven-Robert Originals LLC

United States District Court, E.D. North Carolina, Southern Division

December 27, 2019

RON A. ROGERS, Plaintiff,
v.
STEVEN-ROBERT ORIGINALS LLC, Defendant.

          James R. Nance, Jr. Lewis, Deese, Nance & Briggs Attorney for Plaintiff

          SMITH, ANDERSON, BLOUNT, DORSETT, MITCHELL & JERNIGAN, LLP Zebulon D. Anderson David A. Pasley Attorneys for Defendant

          CONSENT PROTECTIVE ORDER

          Roert B. Jones, Jr. United States Magistrate Judge

         This case is before this Court for entry of a protective order pursuant to Rule 26(c) of the Federal Rules of Civil Procedure and Local Civil Rule 79.2. This action arises out of Plaintiff s employment by Defendant. Plaintiff asserts claims of disability discrimination under the Americans with Disabilities Act. Defendant denies all liability and denies that Plaintiff is entitled to any relief. Because of the nature of the factual issues involved in this case, the parties anticipate that discovery in this case will include production and disclosure by the parties and by third parties of information that may be confidential or proprietary, including, without limitation, medical records, employment records, and financial records. Accordingly, the Court finds that entry of this Consent Protective Order is in the interest of all parties and in the interest of the fair and efficient administration of justice. Therefore, it is hereby ORDERED that the parties shall follow the procedures set forth below with respect to the information, documents, testimony, or tangible things produced or otherwise disclosed in this case.

         1. Confidential Information. This Order applies to all Confidential Information. "Confidential Information" means any and all documents, information, or things ("Information") that a party has designated "CONFIDENTIAL" pursuant to this Order, except to the extent the designating party rescinds such designation or the Court determines that such designation is not proper. The term may include Information obtained by any party from a third party via subpoena, deposition, or other discovery. The term "documents" shall be broadly construed to include information that is recorded in any form, including but not limited to, hard copy, electronically stored information, and audio and video recordings.

         2. Duty to Designate. It is the duty of any party seeking protection under this Order to give notice that it believes certain Information constitutes Confidential Information by designating it "CONFIDENTIAL" in the manner set forth below. The duties of other parties and persons bound by this Order with respect to use and disclosure of Confidential Information arise only when such notice is given or as otherwise provided in Paragraph 4.

         3. Binding Order. This Order binds each named party, including its officers, directors, members, managers, employees, representatives, and agents, who receives Confidential Information in connection with this litigation and each third party who receives Confidential Information in connection with this litigation.

         4. Manner of Designation. A party seeking to protect Information under this Order must designate such Information "CONFIDENTIAL." A party may designate Information as "CONFIDENTIAL" only if that party believes in good faith that the Information constitutes or contains confidential, non-public business, financial, medical, personal, or personnel information. A third party responding to a subpoena may designate Information it produces as "CONFIDENTIAL" if such third party believes in good faith that the Information constitutes or contains confidential, non-public business, financial, medical, personal, or personnel information. Information may be designated "CONFIDENTIAL" as follows:

         a. Documents and Tangible Things. A party or recipient of a subpoena may designate a document or portion of a document "CONFIDENTIAL" by placing the legend "CONFIDENTIAL" on each page so designated. A party may designate electronically stored information produced in native format "CONFIDENTIAL" by: (i) including the word "CONFIDENTIAL" in the filename of each file so, designated, (ii) segregating the information so designated into folders or other distinct storage containers that are clearly named and/or labeled "CONFIDENTIAL," or (iii) any other method the parties agree to in writing for designating such information "CONFIDENTIAL."

         b. Interrogatories and Requests for Admission. In the case of responses to interrogatories and requests for admission, including the information contained therein, designation shall be made by placing on the pages containing the Confidential Information the legend "CONFIDENTIAL."

         c. Third-Party Discovery. Information a party obtains by subpoena shall be served on all other parties within ten (10) days of receipt and shall be deemed Confidential Information from the time the subpoenaing party first receives them until fourteen (14) days after they have been served on all other parties. Any party may designate such Information as "CONFIDENTIAL" during the fourteen-day period described above. Any Information not designated "CONFIDENTIAL" by the recipient of the subpoena or designated "CONFIDENTIAL" by a party prior to the expiration of the fourteen-day period described above shall cease to be deemed Confidential Information once such period expires.

         d. Deposition Testimony. Any party may designate deposition testimony "CONFIDENTIAL" on the record during a deposition. If such designation is made, those portions of the deposition involving such Confidential Information will be taken with no one present except those persons who are authorized to have access to such Confidential Information under this Order. After the completion of a deposition, the entire deposition testimony shall be deemed Confidential Information until fifteen (15) days after the date the deposition transcript is received by both parties. During that fifteen (15) day period, any party may designate testimony from the deposition "CONFIDENTIAL" by informing all other parties in writing of the portions of the transcript (identified specifically by page and line) and/or exhibits that it designates "CONFIDENTIAL." Any deposition testimony not designated "CONFIDENTIAL" during the depositions or before the expiration of the time period set forth above shall cease to be deemed Confidential Information once such time period expires. Notwithstanding this provision and the other provisions in this Order, deponents may review the transcripts of their own depositions."

         e. With respect to any Information previously disclosed in this civil action prior to the issuance of this Order, the parties shall have thirty (30) days from the date of this Order to designate any such Information as "CONFIDENTIAL."

         f. In the event that the methods of designating Information as "CONFIDENTIAL" described above prove infeasible with respect to a specific category or type of document, information, or thing, the parties may agree in writing to an alternate method for designating such documents, information, or things "CONFIDENTIAL," and designations made pursuant to such written ...


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