In re: NC Swine Farm Nuisance Litigation

Filing 27

PROTECTIVE ORDER. Signed by Magistrate Judge Robert B. Jones, Jr on 5/21/2015. (Marsh, K)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
Master Case No. 5:15-CV-00013-BR
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IN RE: NC SWINE FARM
NUISANCE LITIGATION

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THIS DOCUMENT RELATES TO:
ALL CASES

PROTECTIVE ORDER
WHEREAS, the parties in the above-entitled action believe that parties and non-parties
may be asked to produce documents, provide testimony or otherwise supply information that
contains confidential, sensitive or proprietary information in connection with discovery in the
above-entitled litigation; and
WHEREAS, the Court finds it appropriate to issue a protective order to permit the
disclosure of such confidential, sensitive or proprietary information in connection with the
above-entitled litigation, but to protect that information from public disclosure; and
WHEREAS, the intent of this agreement and order is not to relieve any party producing
documents or information claimed to be confidential from its ultimate burden to show why any
such material is entitled to be treated as confidential, if such claim of confidentiality is
challenged; and
WHEREAS, as stated below, the failure of a receiving party to expressly challenge a
claim of confidentiality at the time of disclosure shall not constitute a waiver of the right to assert
at any subsequent time that the documents or information is not in fact confidential or not an
appropriate designation for any reason, and procedures for asserting such a challenge are
provided below;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between
plaintiffs and defendant, through their respective counsel, and it is ordered by the Court, that,
during this action, with respect to the disclosure of any information, documents or things
obtained by any party to this action, where such items are asserted to contain or comprise
confidential or proprietary information, the following procedures shall be employed and the
following restrictions shall govern:

1. Definitions: For purposes of this Protective Order, the following definitions shall
apply:
(a) The term "document" shall mean each and every writing within the meaning
of Rule 1001 of the Federal Rules of Evidence, and shall consist of letters, words, or
numbers, or their equivalent, set down by handwriting, typewriting, printing,
photographing, magnetic impulse, mechanical or electronic recording, or other form of
data compilation.
(b) The term "Disclosing Party" is defined herein as any party or nonparty who is
requested to produce or produces documents, materials or testimony containing
CONFIDENTIAL INFORMATION.
(c) The term "Receiving Party" is defined herein as any party to whom
documents, materials or testimony containing CONFIDENTIAL INFORMATION is
provided.
(d) The term "CONFIDENTIAL INFORMATION," as used herein, means
information, documents, things or data of any type, kind or character that the Disclosing
Party believes in good faith constitutes, reflects, discloses, or contains information
subject to protection under Fed. R. Civ. P. 26(c) or other applicable law, whether it is a
document, information contained in a document, information revealed during a
deposition or other testimony, information revealed in an interrogatory response, or
information otherwise revealed. Any transcript of an in camera hearing shall be treated as
confidential pursuant to this Order. In designating materials as "CONFIDENTIAL
INFORMATION," the Disclosing Party shall do so in good faith, consistent with the
provisions of this Order. Nothing contained herein shall be construed to allow global
designations of all materials or documents as "CONFIDENTIAL INFORMATION."
Further, nothing in this Order shall be interpreted to mean that a Disclosing Party is
relieved of its ordinary burden to show why documents or information must be treated as
confidential, or that a Receiving Party has waived its right to challenge a claim of
confidentiality as further discussed below.
(e) The term "HIGHLY CONFIDENTIAL INFORMATION" as used herein,
means CONFIDENTIAL INFORMATION that may comprise or reveal extremely
sensitive trade secret or other confidential or proprietary, commercially sensitive,
technical or financial information, or information containing business policy, strategic
planning, or competitive analysis, research, development, or commercial information
which, in the hands of a competitor, could seriously compromise the business interests of
the Disclosing Party.
(f) "Outside Service Organization" is defined herein as an individual or
organization that provides photocopying, document processing, translation, jury or trial
consulting, or graphics services to counsel as part of discovery or preparation and trial of
this action.

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(g) "Support Staff' is defined herein as employees of counsel for the parties or
their Consultants, including paralegals, clerical personnel and secretarial personnel.
(h) "Insurers" is defined to include companies providing insurance directly to a
party, insurers who issued policies where a party is an additional insured, and insurers
who issued policies that provide coverage that may be subject to indemnification claims
of a party as a result of this action.
2. Applicability of Protective Order: If, in the course of this litigation, a party undertakes
or is caused to disclose what the Disclosing Party contends is CONFIDENTIAL
INFORMATION or HIGHLY CONFIDENTIAL INFORMATION, the procedures herein shall
be employed and the disclosure thereof shall be subject to this Protective Order.
CONFIDENTIAL INFORMATION and HIGHLY CONFIDENTIAL INFORMATION shall be
used solely in the preparation, prosecution or trial of this litigation.
3. Other Cases: By entering this Order and limiting the disclosure of information in this
litigation, the Court does not intend to preclude another court from finding that information may
be relevant and subject to disclosure in another case. Any person or party subject to this Order
who becomes subject to a motion to disclose another party's information designated under one of
the categories of confidentiality pursuant to this Order, shall promptly notify that party of the
motion so that the party may have an opportunity to appear and be heard on whether that
information should be disclosed, and under what terms, if any.
4. Disclosure Prohibited: CONFIDENTIAL INFORMATION and HIGHLY
CONFIDENTIAL INFORMATION or the substance or context thereof, including any notes,
memoranda or other similar documents relating thereto, shall not be disclosed or summarized,
either in writing or orally, by a Receiving Party to anyone other than persons permitted to have
access to such information under this Order. Nothing in this Protective Order shall limit
disclosure or use by a designating party of its own CONFIDENTIAL INFORMATION or
HIGHLY CONFIDENTIAL INFORMATION.
5. Designating and Marking Confidential Material: Materials to be designated
confidential pursuant to this Protective Order shall be designated and marked as follows:
(a) Documents: Documents may be designated as "CONFIDENTIAL" by placing
the following legend, or equivalent, on any such document: "CONFIDENTIAL."
Documents may be designated as "HIGHLY CONFIDENTIAL" by placing the following
legend, or equivalent, on any such document: "HIGHLY CONFIDENTIALATTORNEYS' EYES ONLY." Such legends shall be placed upon every page of each
document containing CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL
INFORMATION. In lieu of marking the originals of documents, the party may mark the
copies that are produced or exchanged.
(b) Non-Paper Media: Where CONFIDENTIAL INFORMATION or HIGHLY
CONFIDENTIAL INFORMATION is produced in a non-paper medium (e.g., video tape,
audio tape, computer disks, etc.), the appropriate confidentiality notice as described in~
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5(a) above should be placed on the medium, if possible, and its container, if any, so as to
clearly give notice of the designation; or the Disclosing Party may designate such
information as CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL
INFORMATION by cover letter generally referring to such information.
(c) Physical Exhibits: The confidential status of a physical exhibit shall be
indicated by placing a label on said physical exhibit with the appropriate confidentiality
notice as described in ,-r 5(a) above.
(d) Written Discovery: In the case of CONFIDENTIAL INFORMATION or
HIGHLY CONFIDENTIAL INFORMATION incorporated in answers to interrogatories,
responses to requests for admission, or in a written component to responses to requests
for production of documents and things, the appropriate confidentiality notice as
described in ,-r 5(a) above shall be placed only on the first page of the document and on
each answer or response that actually contains CONFIDENTIAL INFORMATION or
HIGHLY CONFIDENTIAL INFORMATION.
6. Deposition Proceedings: The Designating Party shall make a good faith effort to
designate as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL" those specific portions of a
deposition transcript that contain CONFIDENTIAL INFORMATION or HIGHLY
CONFIDENTIAL INFORMATION. The entire transcript of a deposition shall be treated as
HIGHLY CONFIDENTIAL until 30 days after receipt of the deposition transcript by counsel for
the witness, after which the information revealed during the deposition shall cease to be treated
as CONFIDENTIAL or HIGHLY CONFIDENTIAL unless, at the deposition and on the record,
or in writing before the 30 days have expired, the witness or his or her counsel designate those
portions of the deposition transcript (including exhibits) as "CONFIDENTIAL" or "HIGHLY
CONFIDENTIAL." In addition, the parties may by mutual agreement documented in writing
agree to waive the 30-day protection described in the preceding sentence (e.g., in the case of a
deposition of a Plaintiff or a fact witness where it is clear no confidential information was
disclosed). In the case of non-party witnesses, any party, the non-party witness, or his or her
counsel may designate information revealed as CONFIDENTIAL INFORMATION or HIGHLY
CONFIDENTIAL INFORMATION either by a statement to such effect on the record in the
course of the deposition, or in writing within 30 days of receipt of the deposition by the nonparty witness' counsel. Counsel for any Disclosing Party shall have the right to exclude from oral
depositions, other than the deponent, deponent's counsel, the reporter, and videographer (if any),
any person who is not authorized by this Protective Order to receive documents or information
designated "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL." Such right of exclusion shall
be applicable only during periods of examination or testimony directed to or comprising
CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL INFORMATION of the
Disclosing Party. With regard to designations made within thirty (30) days after receipt of the
deposition transcript of a deposition, counsel shall make such designations by sending written
notice to the Court Reporter, to counsel for the parties, and to any other person known to have a
copy of said transcript. The notice shall reference this Protective Order, identify the appropriate
level of confidentiality, and identify the pages and/or exhibits so designated. All copies of
transcripts designated in this fashion shall be marked with a notice indicating the appropriate

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level of confidentiality of the material and shall be governed by the terms of this Protective
Order.
7. Designating Inspections of Documents and Tangible Items: Where discovery is
provided by allowing access to the documents or tangible things for inspection instead of
delivering copies of them, all items being inspected shall be deemed HIGHLY CONFIDENTIAL
INFORMATION until the party allowing access to them indicates otherwise in writing or
delivers copies of them to the party seeking discovery with no "CONFIDENTIAL" or "HIGHLY
CONFIDENTIAL" designation, in which case the provisions of paragraph 8 shall also apply. If a
party believes that inspection, measuring, testing, sampling, or photographing of that party's
processes, equipment, premises, or other property pursuant to Rule 34 of the Federal Rules of
Civil Procedure will reveal or disclose information that is in good faith deemed
CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL INFORMATION, that party
shall advise in advance the party seeking such discovery that the inspection, measuring, testing,
sampling, or photographing will be permitted only on a confidential basis, and that the
information discovered, and any information derived from that information, shall be treated as
CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL INFORMATION, as
appropriate.
8. Inadvertent Nondesignation: The failure to designate CONFIDENTIAL
INFORMATION as "CONFIDENTIAL" or HIGHLY CONFIDENTIAL INFORMATION as
"HIGHLY CONFIDENTIAL" before or at the time of disclosure shall not operate as a waiver of
a Disclosing Party's right to designate said information as "CONFIDENTIAL" or "HIGHLY
CONFIDENTIAL." In the event that CONFIDENTIAL INFORMATION or HIGHLY
CONFIDENTIAL INFORMATION is designated as "CONFIDENTIAL" or "HIGHLY
CONFIDENTIAL" after disclosure, a Receiving Party shall employ reasonable efforts to ensure
that all such information is subsequently treated as "CONFIDENTIAL" or "HIGHLY
CONFIDENTIAL" pursuant to the terms ofthis Protective Order. Disclosure of such
CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL INFORMATION to persons
not authorized to receive that information before receipt of the confidentiality designation shall
not be deemed a violation of this Protective Order. However, in the event the document has been
distributed in a manner inconsistent with the designation, a Receiving Party will take the steps
reasonably necessary to conform distribution to the designation: i.e., returning all copies of the
"CONFIDENTIAL" or "HIGHLY CONFIDENTIAL" document, or notes or extracts thereof, to
the persons authorized to possess such documents. In the event distribution has occurred to a
person not under the control of a Receiving Party, a request for return of the document, and for
an undertaking of confidentiality, shall be made in writing. In the event the request is not
promptly agreed to in writing, or in the event there is no response, or in the event that the party
deems the making of the request to be a futile act, the party shall promptly notify the Disclosing
Party of the distribution and all pertinent facts concerning it, including the identity of the person
or entity not under the control of the Receiving Party.
9. Misdesignation: A Disclosing Party will use reasonable efforts to avoid designating, or
to de-designate in a reasonable time after request, any document or information as
"CONFIDENTIAL" or "HIGHLY CONFIDENTIAL" that is not entitled to such designation or
that is generally available to the public. Further, under no circumstances will a Disclosing
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Party's designation of documents or information as "CONFIDENTIAL" or "HIGHLY
CONFIDENTIAL" relieve the Disclosing Party of its ultimate burden to prove why the
document or information should be entitled to confidential treatment.
10. Challenging Designation of Materials: Any Receiving Party disagreeing with the
designation of any document or information as "CONFIDENTIAL" or "HIGHLY
CONFIDENTIAL" shall notify the Disclosing Party in writing. The Disclosing Party shall then
have a reasonable period, not exceeding fourteen (14) days, from the date of receipt of such
notice to: (1) advise the Receiving Party whether or not the Disclosing Party persists in such
designation; and (2) if the Disclosing Party persists in the designation, to explain the reasons for
the particular designation. The Receiving Party may then, after advising the Disclosing Party,
move the Court for an order removing the particular designation and replacing it with a different
designation or no designation. The designating party who asserts that the document or
information is "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL" shall have the burden of
proving that the designation is proper. Information designated "CONFIDENTIAL" or "HIGHLY
CONFIDENTIAL" by a Disclosing Party shall be treated as such by a Receiving Party unless
otherwise agreed to by the parties or otherwise ordered by the Court or by any appellate court,
should appellate review be sought. The failure of a Receiving Party to expressly challenge a
claim of confidentiality or the designation of any document or information as
"CONFIDENTIAL" or "HIGHLY CONFIDENTIAL" at the time of disclosure shall not
constitute a waiver of the right to assert at any subsequent time that the same is not in fact
confidential or not an appropriate designation for any reason.
11. Access to CONFIDENTIAL INFORMATION: Access to CONFIDENTIAL
INFORMATION shall be limited to
(a) the parties and witnesses and prospective witnesses of a party who have a need
to know the information to assist counsel in connection with the litigation;
(b) outside counsel for the respective parties, including counsel's Support Staff
and Outside Service Organizations;
(c) in-house counsel (if any) for the respective parties, including in-house
counsel's Support Staff and Outside Service Organizations;
(d) Insurers, including the Insurers' Support Staff and Outside Service
Organizations;
(e) court reporters taking testimony and their support personnel;
(f) deposition videographers recording testimony and their support personnel;
(g) the Court and any authorized court personnel;
(h) experts and consultants retained by a party to this proceeding or the party's
counsel for purposes of assisting the party and its attorneys of record in the preparation
and/or presentation of claims or defenses;
(i) mediators retained in connection with these actions; and
(j) such other persons only as expressly agreed to by the parties under~ 17 below.
Proposed recipients of CONFIDENTIAL INFORMATION pursuant to Paragraph
ll(d) and (h) must execute the attestation attached as Exhibit A prior to receiving such
CONFIDENTIAL INFORMATION.

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12. Access to HIGHLY CONFIDENTIAL INFORMATION: Access to HIGHLY
CONFIDENTIAL INFORMATION shall be limited to:
(a) outside counsel for the respective parties, including counsel's Support Staff
and Outside Service Organizations;
(b) court reporters taking testimony and their support personnel;
(c) deposition videographers recording testimony and their support personnel;
(d) the Court and any authorized court personnel;
(e) experts and consultants retained by a party to this proceeding or the party's
counsel for purposes of assisting the party and its attorneys of record in the preparation
and/or presentation of claims or defenses; and
(f) such other persons only as expressly agreed to by the parties under~ 17 below.
Outside Service Organizations and proposed recipients of HIGHLY
CONFIDENTIAL INFORMATION pursuant to Paragraph 12(e) must execute the
attestation attached as Exhibit A prior to receiving such HIGHLY CONFIDENTIAL
INFORMATION.
13. Nothing herein is intended to prevent showing a document designated as
"CONFIDENTIAL" or "HIGHLY CONFIDENTIAL" to a person who the document indicates is
an author or authorized recipient of the document. Furthermore, if a document or testimony
makes reference to the actual or alleged conduct or statements of a person who is a potential
witness, the discussion by counsel of such conduct or statements with such witness (without
revealing any portion of the document or testimony) shall not constitute a disclosure in violation
of this Protective Order. Prior to disclosure of CONFIDENTIAL INFORMATION or HIGHLY
CONFIDENTIAL INFORMATION to any such witness who is not a current employee or officer
of the Disclosing Party, the witness shall be informed of the provisions of this Order, read this
Order, and execute the Agreement attached hereto as Exhibit A. Notwithstanding the foregoing,
during deposition or trial testimony, counsel may disclose documents produced by a party to
current employees or officers of the Disclosing Party.
14. Court Reporters and Videographers: Any court reporter or videographer who records
testimony in this action at a deposition shall be provided with a copy of this Protective Order by
the party noticing the deposition. That party shall advise the court reporter or videographer,
before any testimony is taken, that all documents, information, or testimony designated
"CONFIDENTIAL" or "HIGHLY CONFIDENTIAL" is and shall remain confidential and shall
not be disclosed except as provided in this Protective Order. The noticing party shall further
advise the court reporter and videographer that copies of all transcripts, reporting notes and all
other records of any such testimony must be treated in accordance with this Protective Order,
delivered to attorneys of record, or filed under seal with the Court.
15. Filing Under Seal: No party shall file with the Court any papers that contain or
reference CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL INFORMATION
of any other party or non-party unless that party concurrently files a written application to seal
those papers and a proposed order thereon (and/or complies with any applicable ECF filing
protocols to keep under-seal filing status). The parties shall cooperate with each other in taking
steps to file CONFIDENTIAL INFORMATION and HIGHLY CONFIDENTIAL
INFORMATION under seal, including, when appropriate, joining in or consenting to motions to
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file under seal filed by another party. Unless applicable ECF filing protocols determine a
different procedure, if a filing under seal is requested, a written application and a proposed order
shall be presented to the judge along with the document submitted for filing under seal. The
original and judge's copy ofthe document shall be sealed in separate envelopes with a copy of
the title page attached to the front of each envelope. Conformed copies need not be placed in
sealed envelopes.
16. Storage of Confidential Materials: The Receiving Party shall use due care with
respect to the storage, custody, use and/or dissemination of CONFIDENTIAL INFORMATION
and HIGHLY CONFIDENTIAL INFORMATION. CONFIDENTIAL INFORMATION and
HIGHLY CONFIDENTIAL INFORMATION shall not be stored at any business premises ofthe
Receiving Party unless such information is stored in a reasonably secured area and accessible
only to persons eligible to review such information.
17. Disclosure-Special Cases: If an attorney for any Receiving Party desires to give,
show, make available or communicate any document or information designated
"CONFIDENTIAL" to a person not authorized by paragraph 11, or any document or information
designated as "HIGHLY CONFIDENTIAL" to a person not authorized by paragraph 12 to
receive such documents or information, the attorney must first provide written notice of that
person's name, an identification of the type of information to which access is required, a brief
statement as to why such access is necessary, and a signed copy of the agreement attached hereto
as Exhibit A (if appropriate, modified as necessary to narrow the scope of access requested). The
Disclosing Party shall have ten (1 0) days after the emailing or mailing (via overnight delivery) of
the above-described information to object in writing to such disclosure. Pending resolution of
any informal or formal petition for disclosure, no disclosure shall be made to such person. If the
Disclosing Party who so designated the document refuses to give its consent, the Disclosing and
Receiving Parties shall confer to attempt to resolve the reasons for withholding consent. If an
agreement cannot be reached, the Disclosing or Receiving Party desiring disclosure of the
CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL INFORMATION may
petition the Court for an order granting or prohibiting disclosure. The Disclosing Party shall bear
the burden of demonstrating that disclosure is inappropriate upon any such petition.
18. Copies of Confidential Materials: Nothing herein shall restrict a qualified recipient
from making working copies, abstracts, digests and analyses of such information for use in
connection with this litigation, and such working copies, abstracts, digests and analyses shall be
deemed to have the same level of protection under the terms of this Order. Further, nothing
herein shall restrict a qualified recipient from converting or translating such information into
machine-readable form for incorporation in a data retrieval system used in connection with this
litigation, provided that access to such information, whatever form stored or reproduced, shall be
limited to qualified recipients.
19. Custody of Confidential Materials: Documents or information designated
"CONFIDENTIAL" or "HIGHLY CONFIDENTIAL" shall be maintained in the custody of
counsel for the parties except that: (a) any court reporter/videographer who transcribes/films
testimony given in this action may maintain any such designated documents/footage for the
purpose of rendering his or her normal transcribing/video services; and (b) partial or complete
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copies of these documents may be retained by persons entitled to access of such documents
under the terms of this Order to the extent necessary for their study, analysis and preparation of
the case. A person with custody of documents designated "CONFIDENTIAL" or "HIGHLY
CONFIDENTIAL" shall maintain them in a manner that limits access to those persons entitled
under this Order to examine the documents so designated.
20. Procedure in Event of Non-Permitted Disclosure: Should any document or
information designated as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL" be disclosed,
through inadvertence or otherwise, to any person or party not authorized under this Order, then
the party responsible for the inadvertent disclosure shall use its best efforts to bind such person to
the terms of this Order and shall:
(a) promptly inform such person of all the provisions of this Order;
(b) request such person to sign the agreement in the form attached hereto as
Exhibit A, and promptly serve the executed agreement upon the party that designated the
document as confidential; and
(c) identify such person immediately to the Disclosing Party that designated the
document as confidential.
21. Privilege Logs: A Disclosing Party withholding documents or information based on
one or more claims of privilege will produce a privilege log. There will be no obligation to
produce privilege logs identifying attorney-client communications or work product concerning
case strategy or the course of litigation that occur following the commencement of this lawsuit,
including without limitation efforts to locate and collect documents and electronically stored
information ("ESI") in response to a discovery request in this litigation.
22. Inadvertent or Mistaken Disclosure of Privileged Documents: Inadvertent or mistaken
production of documents or ESI (collectively "Inadvertently Produced Documents") subject to
work-product or attorney-client privilege or protection, or other legal privilege protecting
information from discovery, shall not constitute a waiver of the privilege, provided that the
Disclosing Party shall notify the Receiving Party in writing as set forth herein. In the event that a
party inadvertently or mistakenly produces documents or ESI subject to a claim of privilege, the
Disclosing Party shall, within ten (I 0) days of the discovery of the inadvertent or mistaken
disclosure, notify the other party in writing of the inadvertent or mistaken disclosure. The
Disclosing Party may, in the notice, request a "clawback" of the inadvertently or mistakenly
disclosed material. The party receiving such clawback notice shall immediately and diligently act
to retrieve the Inadvertently Produced Documents, and all copies, including any loaded to
databases, and return them to the Disclosing Party or destroy them as agreed between the parties.
All notes or other work product of the Receiving Party reflecting the contents of such materials
shall be destroyed and not used. If the Receiving Party elects to file a motion for production of
the documents or information, the Receiving Party, subject to the requirements below, may retain
possession of the Inadvertently Produced Documents as well as any notes or other work product
of the Receiving Party reflecting the contents of such materials pending the resolution by the
Court ofthe motion, but shall segregate and not use them pending resolution of the motion. If the
Receiving Party's motion is denied, the Receiving Party shall promptly comply with the
immediately preceding provisions of this paragraph. No use shall be made of such Inadvertently
Produced Documents during depositions or at trial, nor shall they be disclosed to anyone who
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was not given access to them prior to the request to return or destroy them, unless otherwise
ordered by the Court. The party receiving such Inadvertently Produced Documents may, after
receipt of the Disclosing Party's notice of inadvertent or mistaken production, move the Court to
dispute the claim of privilege and to seek an order compelling production of the documents and
information. However, until and unless the Court grants such motion or the parties reach a
written agreement to allow the production or use of the documents or information, it shall not be
used.
23. Continuing Force and Effect: The terms of this Order shall remain in force and effect
after termination of this action unless modified, superseded, or terminated by the agreement of
the parties or by order of the Court.
24. No Waiver of Privilege or Work Product: The terms of this Order shall in no way
affect a Disclosing Party's right to (a) withhold information on grounds of immunity from
discovery such as, for example, attorney-client privilege or the attorney work-product doctrine,
or (b) reveal or disclose to anyone any documents or information designated by that party a~
"CONFIDENTIAL" or "HIGHLY CONFIDENTIAL" and containing no information designated
by another party or third party as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL."
25. Other Matters: Producing or receiving "CONFIDENTIAL" or "HIGHLY
CONFIDENTIAL" material, or otherwise complying with the terms of this Order, shall not (a)
operate as an admission that any particular "CONFIDENTIAL" material contains or reflects
trade secrets or any other type of confidential, privileged or proprietary information; (b) waive
any trade secret or other confidential or privileged protection that might otherwise be afforded
over that "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL" material; (c) prejudice the rights
of a Disclosing Party to object to the production of information or material that the Disclosing
Party does not consider to be within the scope of discovery; (d) prejudice the rights of a party to
seek a determination by the Court that particular materials be produced or seeking to require a
Disclosing Party to show cause why the documents or information should be treated as
confidential; (e) prejudice the rights of a Disclosing Party to apply to the Court for further
protective orders; (f) prevent the parties or Disclosing Parties from agreeing in writing to alter or
waive the provisions or protections provided for herein with respect to any particular document
or item of information; or (g) prevent any Disclosing Party from seeking to modify, extend, or
limit this Order upon a showing of good cause. Nor shall anything in this Order prevent the
parties from contesting the relevancy, admissibility, or discoverability of "CONFIDENTIAL" or
"HIGHLY CONFIDENTIAL" material, or authorize or sanction the disclosure of information
that is protected by a privilege.
26. No Application to Public or Otherwise Available Information: The restrictions and
obligations set forth herein relating to information designated "CONFIDENTIAL" or "HIGHLY
CONFIDENTIAL" shall not apply to any information which:
(a) the parties agree, or the Court rules, is already public knowledge;
(b) the parties agree, or the Court rules, has become public knowledge other than
as a result of disclosure by a Receiving Party, its employees or agents in violation of this
Protective Order; or

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(c) has come or shall come into a Receiving Party's legitimate possession
independently of the Disclosing Party. Such restrictions and obligations shall not be
deemed to prohibit discussions with any person of any information designated
"CONFIDENTIAL" or "HIGHLY CONFIDENTIAL" if that person already has or
obtains legitimate possession thereof.
27. Conclusion of Litigation: Unless counsel agree otherwise in writing, within ninety
(90) days of the final disposition of this action including any appeals, the attorneys for the parties
shall return promptly to the Disclosing Party from whom they were obtained, all documents or
information that has been designated "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL" or
destroy same; and return or destroy all copies made thereof, including all documents, or copies
provided by a Receiving Party to any other person. Notwithstanding the foregoing, counsel for
the parties shall be permitted to retain a file copy of materials created by counsel, their Support
Staff or Outside Service Organizations, or by experts and consultants, in connection with the
litigation, or made part of the record, or which have been filed under seal with the Clerk of the
Court and a copy of all depositions, including exhibits, and deposition evaluations. Such file
copies must be maintained under the conditions of materials designated "CONFIDENTIAL" or
"HIGHLY CONFIDENTIAL" as set out in paragraphs 11 and 12. At the conclusion of the ninety
(90) day period, counsel for each party shall represent in writing under penalty of perjury that to
his or her knowledge and belief the party has either returned or destroyed all CONFIDENTIAL
INFORMATION and HIGHLY CONFIDENTIAL INFORMATION in accordance with this
order, unless the parties agree in writing to a different disposition of the CONFIDENTIAL
INFORMATION and HIGHLY CONFIDENTIAL INFORMATION.
28. Subpoenas in Other Actions: In the event any person or Receiving Party having
possession, custody or control of any document or information produced in this action and
designated "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL" by a Disclosing Party receives
a subpoena or other process or order to produce such information, such subpoenaed person or
entity shall notify by mail (via overnight delivery), and email if the email address is known, the
attorneys of record of the Disclosing Party claiming such confidential treatment of the document
sought by such subpoena or other process or order, shall furnish those attorneys with a copy of
said subpoena or other process or order, and shall cooperate with respect to any procedure sought
to be pursued by the party whose interest may be affected. The Disclosing Party asserting the
confidential treatment shall have the burden of defending against such subpoena, process or
order. Subject to any reasonable procedure sought to be pursued by the party whose interest may
be affected, the person or party receiving the subpoena or other process or order shall be entitled
to comply with it except to the extent the Disclosing Party asserting the confidential treatment is
successful in obtaining an order modifying or quashing it.
29. Continuing Jurisdiction: The Court retains jurisdiction even after termination of this
action to enforce this Order and to make such amendments, modifications, deletions and
additions to this Protective Order as the Court may from time to time deem appropriate. The
disclosing parties reserve all rights to apply to the Court at any time, before or after termination
of this action, for an order: (i) modifying this Protective Order, (ii) seeking further protection
against discovery or use of CONFIDENTIAL INFORMATION and HIGHLY CONFIDENTIAL
INFORMATION, or other documents or information, or (iii) seeking further production,
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discovery, disclosure, or use of claimed CONFIDENTIAL INFORMATION and HIGHLY
CONFIDENTIAL INFORMATION, or other documents or information.
30. Miscellaneous Provisions:
(a) Third parties who so elect may avail themselves of, and agree to be bound by,
the terms and conditions of this Order and thereby become a Disclosing Party for
purposes ofthis Protective Order.
(b) The entry of this Order does not prevent any party from seeking a further
order of this Court pursuant to Fed. R. Civ. P. 26(c) or other applicable law.
(c). Nothing in this Order shall be construed to affect in any manner the
admissibility at trial or any other court proceeding of any document, testimony or other
evidence. However, any party using any document or information produced in this action
and designated "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL" at a trial shall take
appropriate measures to safeguard the confidentiality of the document or information.
(d) The purpose of this Order is to facilitate discovery in this litigation, and in no
manner shall it affect the application of any state or federal law regarding confidentiality
of information.

Accordingly, IT IS HEREBY ORDERED, ADJUDGED AND DECREED.
This..<I day of___L!_((}=~~--' 2015.

United States Magistrate Judge
CONSENTED AND AGREED TO:
s/Mona Lisa Wallace
Mona Lisa Wallace-- N.C. Bar No. 9021
John Hughes-- N.C. Bar No. 22126
WALLACE & GRAHAM, P.A.
525 North Main Street
Salisbury, NC 28144
Tel.: [phone]
Fax: [phone]
[e-mail]
[e-mail]

Attorneys for Plaintiffs
By:
Is/ Mark E. Anderson
Mark E. Anderson (N.C. Bar No. 15764)
12

McGUIREWOODS LLP

2600 Two Hannover Square
Raleigh, North Carolina 27601
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Eugene E. Mathews III (Va. Bar No. 36384)
Tennille J. Checkovich (Va. Bar No. 68028)
(By Special Appearance)
McGUIREWOODS LLP
One James Center
901 E. Cary Street
Richmond, Virginia 23219
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]

Attorneys for Murphy-Brown, LLC

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
Master Case No. 5:15-CV-00013-BR

IN RE: NC SWINE FARM
NUISANCE LITIGATION

)
)
)
)

)

EXHIBIT A TO PROTECTIVE ORDER AGREEMENT CONCERNING
INFORMATION COVERED BY PROTECTIVE ORDER ENTERED BY THE UNITED
STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA
The undersigned hereby acknowledges that he/she has received and read Case
Management Order No. _, Protective Order, entered by the United States District Court for the
Eastern District ofNorth Carolina, in connection with the above-captioned coordinated
proceeding, and understands its terms and agrees to be bound by each of those terms.
Specifically, and without limitation upon such terms, the undersigned agrees not to use or
disclose any confidential information or highly confidential information made available to
him/her other than in accordance with said Order. The undersigned further submits to jurisdiction
of this Court for purposes of the Protective Order in this action.
DATED: ___________________________
By: ________________________________
(signature)

(type or print name of individual)

(name of employer)

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