Devotie v. Allied Barton Security Services LLC

Filing 30

STIPULATED CONSENT PROTECTIVE ORDER - Signed by District Judge Louise Wood Flanagan on 05/24/2013. (Baker, C.)

IN THE LINITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
CASE NO. :5 : l2-cv-00597 -FL
MICHAEL WILLIAM DEVOTIE.
PlaintifL
STIPULATED CONSENT
PROTECTIVE ORDER

V.

ALLIED BARTON SECURITY SERVICES
LLC,
Defendant.

Defendant Allied Barton Security Services LLC ("Defendant"), pursuant to Federal Rules

of Civil Procedure 26(b)

of

and 26(c'), anticipating the disclosure

employees and other proprietary company information

of confidential personnel records

in response to Plaintiff

Michael

William Devotie's ("Plaintiff') discovery requests and recognizing that the private

and

confidential nature of such documents and information must be safeguarded pursuant to N.C.
Gen. Stat. $$ 115c-319, 115C-320, 115c-321, r\5c-325,

ll5c-402 and20 u.s.c. g

12329,

conditionally consents to disclose said documents and information upon the conditions set forth
in this Protective Order, which conditions are consented to by Defendant and Plaintiff.

Plaintifl pursuant to Federal Rules of Civil Procedure 26(b)

and 26(c), anticipating the

disclosure of medical andlor financial records in response to Defendant's discovery requests; and

it being recognized that such documents and information may contain confidential information;
and upon the conditional consent of Plaintiff to disclose said documents and information upon
the conditions set forth in this Protective Order, which conditions are consented to by Defendant
and Plaintiff.

IT IS THEREFORE ORDERED:

1.

That all documents and information relating to specific cunent employees or

former employees of Defendant which are produced by Defendant in response to Plaintiff

s

discovery requests in the subject captioned case shall be covered by the terms of this Protective
Order. Such documents shall be deemed confidential without any further action by any party
unless the parties or attorneys mutually agree that any particular document or item of information

is expressly designated as non-confidential.

2.

That

all

documents and information relating

to Plaintiffs medical andlor

financial records which are produced by Plaintiff in response to Defendant in the subject
captioned case shall be covered by the terms of this Protective Order.

3.

That any party which provides documents subject to this Protective Order shall

label said documents: "Confidential - Subject to Protective Order." Either party retains the right

to challenge the confidential designation of any particular document and to have the Court
determine its proper designation.

4.

Except as may be otherwise provided by fuither order of the Coufi, protected

information and documents designated as confidential ("confidential documents"), as well as the
matters contained therein and extracts and summaries thereof, shall be used for no other purpose
than prosecuting or defending this action and shall be disclosed only to the persons identified in
paragraph 5.

5.

Except as provided in paragraph 8, access to or use of protected information or

any confidential documents, or any part thereof, as well as matters contained therein, shall be
limited to:
a.

The Court;

b.

The parties and their officers, employees, and agents who are providing assistance

to counsel in this action:

c.

The attorneys of record for the parties, their associates, assistants, employees, and

agents who are providing assistance to counsel in this action;
d.

Court-appointed mediators

e.

Consultants and expefts involved in the preparation of the trial of this action;

f.

Court tepotlers, their transcribers, assistants, and employees;

('

Any deponent or trial witness to the extent that it is necessary to tender to such

b'

;

witness a confidential document in order to elicit testimony relevant to the matters at issue in this
case; and

h.

Members of the jury to the extent that

it is necessary for the jury to inspect a

confidential document.

6.

No one subject to this Protective Order shall make public or disclose protected

information or confidential documents to anyone other than the persons listed in paragraph

7,

provided that nothing herein shall preclude a witness, attorney, or the Court from reading aloud

or discussing the contents of a confidential document in open court or at depositions. The terms

of this Protective Order shall apply to all persons listed in paragraph 5, and counsel who grant

any such person access to protected information or confidential documents shall have

an

affirmative duty to furnish the person with a copy of this Protective Order. Individuals permitted
access to protected information or confidential documents are hereby ordered not

otherwise reveal said information or documents
parl

-

-

to convey or

whether originals or copies, in whole or in

to anyone who would not otherwise have access to them under this Protective Order.

7.

When a party seeks to file confidential documents, things, andlor information,

including confidential portions of any transcript, a pafiy shall submit such materials to the court

in a sealed envelope or other appropriately

sealed container, which covering shall be endorsed

with the title of this action and a statement substantially in the following form: "Filed Under Seal
Pursuant to Protective Order."

8.

Each time a pafiy seeks to file under seal confidential documents, things, andior

information, said parly shall accompany the request with a motion to seal and a supporting
memorandum of law specifying (a) the exact documents, things, andlor information, or portions

thereof, for which filing under seal is requested; (b) where

it is necessary for the court to

determine the source of the public's right to access before a request to seal may be evaluated,

whether any such request to seal seeks to overcome the common law or the First Amendment
presumption to access; (c) the specific qualities of the material at issue which justify sealing such

material, taking into account the balance of competing interests in access; (d) the reasons why
alternatives to sealing are inadequate; and, (e) whether there is consent to the motion. Finally in

addition to the motion and supporting memorandum, said party must set out such findings in a
proposed order to seal for the court.

9.

It is specifically agreed that making confidential materials or documents available

for inspection, and the production of confidential information, materials or documents shall not
constitute a waiver by the parties of any claim of confidentiality, and the production of such

information, materials or documents shall not be considered as an acknowledgment that the
information, materials or documents may be admissible into evidence at the trial of this action.

10.

Nothing in this Protective Order shall require disclosure of material which the

conveying party contends is protected from disclosure by the attomey-client privilege, materials
produced in anticipation of litigation, or as constituting attorney work product materials.
1

1.

This Protective Order shall not prevent any party from applying to the Court for

relief therefrom, or from applying to the Courl for further or additional protective orders, or from
agreeing among themselves to modification of this Protective Order, subject to the approval

of

the courf.

12.

At the conclusion of this litigation, counsel for all parties shall either destroy or

retutn to opposing counsel all confidential documents or copies of confidential documents that
have been produced subject to this Protective Order.

13.

Each party shall be responsible for its own mailing costs with regard to the return

of the documents provided pursuant to this agreement, or costs of destruction.

It is so ORDERED this 24th day of May,2013.
_
AGREED TO:

THE LOLLAR LAW FIRM. PLLC
/s/ Christina E. Lollar
Norlh Carolina Bar No. 38323
3737 Glenwood Avenue, Suite 100
Raleigh, North Carolina, 276\2
Telephone: [phone]
Facsimile: 9 19.924.0638
Email : [e-mail]
Attorney for Plaintiff

TEAGUE CAMPBELL DENNIS & GORHAM. LLP
/s/ Leslie P. Lasher
J. Matthew Little
North Carolina Bar No. 20032

Leslie P. Lasher

North Carolina Bar No. 39996
4800 Six Forks Road, Suite 300
Raleigh, North Carolina 27609
Telephone: [phone]
Facsimile: 919-87 3 -1814
Email: j [e-mail], [e-mail]
Attorneys for Defendant (Civil Local Rule 83)
-and-

MARTENSON, HASBROUCK & SIMON LLP
isl Matthew D. Crawford
Matthew D. Crawford
Georgia Bar No. 190109
3379 Peachtree Road N.E. Suite 400
Atlanta, Georgia 30326
Telephone: [phone]
Email : [e-mail]
Attorney for Defendant

_______________________________________
Louise W. Flanagan
U.S. District Court Judge