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Harris v. Vanderburg

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

January 3, 2020

WILLIAM HARRIS and PHILLIS HARRIS, Plaintiffs,
v.
MARY JANE VANDERBURG, DOUGLAS MATTHEW GURKINS, REMCO EAST, INC., and MARY GRACE BISHOP, Defendants.

          PROTECTIVE ORDER

          KIMBERLY A. SWANK, UNITED STATES MAGISTRATE JUDGE.

         1. PURPOSE

         Disclosure 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.

         2. DESIGNATING CONFIDENTIAL INFORMATION

         2.1. "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.

         2.2 Manner and Timing of Designation as "CONFIDENTIAL.”

         A party 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.

         2.3 Depositions.

         Portions 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.

         2.4 Over-Designation Prohibited.

         Any 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 "CONFIDENTIAL" designation.

         3. DISCLOSURE OF CONFIDENTIAL INFORMATION

         3.1 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.

         3.2 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 ...


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