United States District Court, E.D. North Carolina, Western Division
H. Maginnis Karl S. Gwaltney MAGINNIS LAW, PLLC Scott C.
Harris Patrick M. Wallace WHITFIELD BRYSON & MASON LLP
Attorneys for Plaintiff
Davis N.C. State Bar No. 22014 Jennifer K. Van Zant N.C.
State Bar No. 21280 D.J. O'Brien III N.C. State Bar No.
35481 Craig D. Schauer N.C. State Bar No. 41571, Jessica
Thaller-Moran N.C. State Bar No. 46444 Attorneys for
CONSENT PROTECTIVE ORDER
T. Numbers, II United States Magistrate Judge
there is good cause, pursuant to Rule 26(c) of the Federal
Rules of Civil Procedure, for the entry of a protective order
limiting disclosure of documents and information generated
during discovery in this action, it is hereby ORDERED:
Scope of Order.
Order governs the handling and disclosure of all materials
produced, given, exchanged, or filed herein by any party or
witness (each a “Producing Party”) during
discovery and other proceedings in this action (which
includes but is not limited to all claims against all
parties, including third party claims, and mediation,
arbitration, or other alternative dispute resolution process,
settlement proceedings, and/or appeals) (the
“Action”) designated as “Confidential
Agreement on Use of Confidential Information.
Confidential Information, as defined and designated in
accordance with this Order, shall be used solely in the
prosecution or defense of this Action, as defined above, and
shall not be used or disclosed by any person for any other
used in this Order, the term “document” means all
writings, drawings, graphs, charts, recordings, computer
disks and tapes, audiotapes, videotapes, and any other
documents as defined in Rule 34 of the Federal Rules of Civil
used in this Order, the term “material” means any
document, any answer to any interrogatory or other discovery
request in this action, any portion of any deposition
(including deposition exhibits) in this action, and any other
information produced, given, or filed in this action.
used in this Order, the term “Confidential
Information” means a trade secret or other confidential
or proprietary information including, but not limited to
confidential financial records and data, confidential
business records and data, confidential business policies and
procedures, and any information that would place a Producing
Party at a competitive disadvantage in the event such
information were released to competitors or to the general
public. It is the intent of the parties that information will
not be designated as confidential for tactical reasons and
that nothing be so designated without a good faith belief
that it has been maintained in a confidential, non-public
manner, and there is good cause why it should not be part of
the public record of this case.
Designation of Confidential Material.
Producing Party may designate material produced in the course
of discovery as “Confidential Information.” The
production or disclosure pursuant to the terms of this Order
of Confidential Information by a person shall not waive or
prejudice the right of that person to object to the
production or admissibility of documents or information in
this or any other action. The Designating Party must
designate for protection only those parts of material,
documents, items, or oral or written communications that
qualify so that other portions of the documents, items, or