United States District Court, E.D. North Carolina, Eastern Division
KIMBERLY A. SWANK, UNITED STATES MAGISTRATE JUDGE.
and discovery activity in this ease (this Action) are likely
to involve production of private information, including
personal employee information, personal tenant information,
financial information, and medical or health information. The
disclosure of such material may be subject to protection
pursuant to Fed.R.Civ.P. 26(c). Accordingly, the Court hereby
enters this Protective Order with the consent of the parties.
This Order does not confer blanket protections on all
disclosures or responses to discovery. Rather, the protection
it affords from public disclosure and unauthorized use
extends only to the specific limited information or items
that are entitled to confidential treatment according to the
terms of this Order.
DESIGNATING CONFIDENTIAL INFORMATION
"Confidential Information" shall mean
information (regardless of how it is generated, stored, or
maintained) that qualifies for protection under Fed.R.Civ.P.
26(c). Information that may be obtained from a publicly
available source is not Confidential Information.
Manner and Timing of Designation as
to this Action or non-party producing documents or other
material in this Action may designate those documents or
materials as "CONFIDENTIAL" after first making a
good faith determination that good cause exists to believe
they qualify for protection under Fed. R . Civ. P. 26(e). A
party or non-party may designate a document or other material
as confidential under this Order by affixing the legend
"CONFIDENTIAL" to each page or item produced that
contains or embodies the allegedly protected material.
of depositions taken in this Action shall be deemed
confidential only if they are designated as such when the
deposition is taken or within 14 days after the designating
party or non-party's receipt of the transcript. The party
or non-party seeking to designate testimony as CONFIDENTIAL
shall specify with particularity the testimony to be
protected, identified by page and line.
party or non-party who designates information or items for
protection under this Order as "CONFIDENTIAL" shall
use best efforts to only designate the specific material that
qualifies under the appropriate standards. To the extent
practicable, only those parts of documents, items, or oral or
written communications that require protection shall be
designated. Designation under this Order is allowed only if
the designation is necessary to protect material that, if
disclosed to persons not authorized to view it, would cause a
specific demonstration of harm. If a party or non-party
producing materials learns that information or items that it
designated for protection do not qualify for protection, that
party or non-party must promptly notify all parties to the
Action that it is withdrawing the mistaken designation and,
if applicable, re-produce the item without the
DISCLOSURE OF CONFIDENTIAL INFORMATION
Confidential Information shall be disclosed by the parties
and their counsel only in accordance with the terms of this
Order and shall be used solely for the purposes of this
Action and shall not be used by the parties or their counsel
for any other purpose.
Unless otherwise ordered by die Court or permitted in writing
by the party or non-party producing the information, a party
receiving any material designated ...