Toland v. Trans Union LLC

Filing 20

STIPULATED PROTECTIVE ORDER - Signed by US Magistrate Judge Kimberly A. Swank on 5/14/2018. (Briggeman, N.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:18-cv-14-D
RONALD TOLAND, JR.,

)
Plaintiff, )
)
vs.
)
)
TRANS UNION LLC,
)
Defendant. )
____________________________________ )

STIPULATED
PROTECTIVE ORDER

The Parties having agreed to the following, and for good cause shown,
IT IS HEREBY ORDERED as follows:
1.

PURPOSES AND LIMITATIONS
Disclosure and discovery activity in this action may involve production

of confidential, proprietary, or private personal identifying information such
as Social Security or taxpayer-identification numbers, dates of birth, names
of minor children, financial account numbers, home addresses, sensitive
information involving personal financial, medical, matrimonial, or family
matters, employment records of individuals, trade secrets, and other
confidential research, development, or commercial information, for which
special protection from public disclosure and from use for any purpose other
than prosecuting and defending this litigation may be warranted. The
parties acknowledge that this Order does not confer blanket protections on all

disclosures or responses to discovery and that the protection it affords
extends only to the limited information or items that are entitled, under the
applicable legal principles, to treatment as confidential. Nothing in this
Order shall preclude any person or entity from disclosing or using, in any
manner or for any purpose, any information or document if that information
or document is lawfully obtained from a third party without confidentiality
restrictions.
By approving this Order and accepting the Parties’ stipulation, the
Court is not ruling on whether any document or information is, in fact,
entitled to protection under Rule 26(c). Rather, the Court approves this
Stipulated Protective Order in order to minimize discovery problems and to
promote and expedite unrestricted discovery without Court intervention.
2.

DEFINITIONS
2.1

Confidential Information: Social Security or taxpayeridentification numbers; dates of birth; names of minor children;
financial account numbers; where appropriate, home addresses;
sensitive information involving personal financial, medical,
matrimonial, or family matters; employment records of
individuals whether parties or non-parties; or trade secrets and

other confidential research, development, or commercial
information (regardless of how generated, stored or maintained).
2.2

Counsel (without qualifier): Outside Counsel and House Counsel
(as well as their support staffs).

2.3

Designating Party: a Party or Non-party that designates
information or items that it produces in disclosures or in
responses to discovery as Protected Material. The Party or Nonparty designating information or items as Protected Material
bears the burden of establishing good cause for the confidentiality
of all such information or items.

2.4

Disclosure or Discovery Material: all items or information,
regardless of the medium or manner generated, stored, or
maintained (including, among other things, testimony,
transcripts, or tangible things) that are produced or generated in
disclosures or responses to discovery in this matter.

2.5

Expert: a person with specialized knowledge or experience in a
matter pertinent to the litigation who has been retained by a
Party or its/her/his counsel to serve as an expert witness or as a
consultant in this action and who is not: (a) a past or a current
employee of a Party; (b) a past or a current employee of a

competitor of a Party; or (c) at the time of retention, anticipated
to become an employee of a Party or a competitor of a Party. This
definition includes a professional jury or trial consultant retained
in connection with this litigation.
2.6

House Counsel: attorneys who are employees of a Party.

2.7

Outside Counsel: attorneys who are not employees of a Party but
who are retained to represent or advise a Party in this action.

2.8

Non-party: any individual, corporation, association, or other
natural person or entity other than a party.

2.9

Party: any party to this action, including all of its officers,
directors, consultants, retained experts, and outside counsel (and
their support staff).

2.10

Producing Party: a Party or Non-party that produces Disclosure
or Discovery Material in this action.

2.11

Professional Vendors: persons or entities that provide litigation
support services (e.g., photocopying; videotaping; translating;
preparing exhibits or demonstrations; organizing, storing,
retrieving data in any form or medium; etc.) and their employees
and subcontractors.

2.12

Protected Material: any Disclosure or Discovery Material that is
designated by a Party or Non-party as “CONFIDENTIAL” or
“CONFIDENTIAL – ATTORNEYS EYES ONLY” according to
paragraph 5, unless the Receiving Party challenges the
confidentiality designation, and (a) the Court decides such
material is not entitled to protection as confidential; (b) the
Designating Party fails to apply to the Court for an order
designating the material “CONFIDENTIAL” or
“CONFIDENTIAL – ATTORNEYS EYES ONLY” within the time
period specified below; or (c) the Designating Party withdraws its
confidentiality designation in writing.

2.13

Receiving Party: a Party that receives Disclosure or Discovery
Material from a Producing Party.

3.

SCOPE
The protections conferred by this Order cover not only Protected

Material (as defined above), but also expert reports, deposition testimony,
conversations, or presentations by parties or counsel to or in court or in other
settings that reveal Protected Material.

4.

DURATION
Even after the termination of this litigation, the confidentiality

obligations imposed by this Order shall remain in effect until a Designating
Party agrees otherwise in writing or a court order otherwise directs.
5.

DESIGNATING PROTECTED MATERIAL
5.1

Designating Disclosure or Discovery Material as Confidential.

Parties and non-parties may designate any Confidential Information
supplied in any form, or any portion thereof, as Protected Material for
purposes of these proceedings. Such designation shall constitute a
representation to the Court that counsel believes in good faith that the
information (1) constitutes Confidential Information and (2) that there is
good cause for the Confidential Information to be protected from public
disclosure. The parties and non-parties shall make a good faith effort to
designate information so as to provide the greatest level of disclosure
possible, but still preserve confidentiality as appropriate.
5.2

Designating Disclosure or Discovery Material as Confidential –
Attorneys Eyes Only.

If a Producing Party believes in good faith that, despite the provisions
of this Order, the Producing Party will suffer identifiable harm if particular
documents it designates as “CONFIDENTIAL” are disclosed to all other
Parties or non-parties to this action, the Producing Party may designate

those particular documents as “CONFIDENTIAL – ATTORNEYS’ EYES
ONLY.”
5.3

Exercise of Restraint and Care in Designating Material for
Protection.

Each Party or Non-party that designates information or items for
protection under this Order must use good faith efforts to limit any such
designation to specific material that qualifies as Confidential Information. A
Designating Party must use good faith efforts to designate for protection only
those parts of material, documents, items, or oral or written communications
that qualify as Confidential Information, so that other portions of the
material, documents, items, or communications for which protection is not
warranted are not swept unjustifiably within the ambit of this Order.
Mass, indiscriminate, or routine designations are strictly prohibited.
Designations that are shown to be clearly unjustified, or that have been made
for an improper purpose (e.g., to unnecessarily encumber or retard the case
development process, or to impose unnecessary expenses and burdens on
other parties), may subject the Designating Party to sanctions upon
appropriate motion to the Court.
If it comes to a Party’s or a Non-party’s attention that information or
items that it designated for protection do not qualify for protection, that

Party or Non-party must promptly notify all other parties that it is
withdrawing the mistaken designation.
All documents, transcripts, or other materials subject to this Order,
and all information derived therefrom (including, but not limited to, all
testimony, deposition, or otherwise, that refers, reflects or otherwise
discusses any information designated Confidential hereunder), shall not be
used, directly or indirectly, by any person for any business, commercial or
competitive purposes or for any purpose whatsoever other than solely for the
preparation and trial of this action in accordance with the provisions of this
Order.
5.4

Manner and Timing of Designations.

Except as otherwise provided in this Order (see, e.g., Section 5.4.1(b),
below), or as otherwise stipulated or ordered, material that qualifies for
protection under this Order must be clearly so designated before the material
is disclosed or produced. Designation in conformity with this Order requires:
5.4.1. For information in documentary form (apart from

transcripts of depositions):
(a)

The Producing Party must affix the legend
“CONFIDENTIAL” or “CONFIDENTIAL –
ATTORNEYS’ EYES ONLY” at the bottom of each
page that contains protected material. If only a

portion or portions of the material on a page qualifies
for protection, the Producing Party also must clearly
identify the protected portion(s) (e.g., by making
appropriate markings in the margins, but not over
text).
(b)

A Party or Non-party that makes original documents
or materials available for inspection need not
designate them for protection until after the
inspecting Party has indicated which material it
would like copied and produced. During the
inspection and before the designation, all of the
material made available for inspection shall be
deemed Protected Material. After the inspecting
Party has identified the documents it wants copied
and produced, the Producing Party must determine
which documents, or portions thereof, qualify for
protection under this Order, then, before producing
the specified documents, the Producing Party must
affix the legend “CONFIDENTIAL” or
“CONFIDENTIAL – ATTORNEYS’ EYES ONLY” at

the bottom of each page that contains Protected
Material. If only a portion of the material on a page
qualifies for protection, the Producing Party also
must clearly identify the protected portion(s) (e.g., by
making appropriate markings in the margins, but not
over text).
5.4.2. For testimony given in deposition:
(a)

The Party or Non-party offering or sponsoring the
testimony must identify on the record, before the
close of the deposition, all protected testimony.

(b)

The Party or Non-party that sponsors, offers, or gives
the testimony may invoke on the record (before the
deposition is concluded) a right to have up to 30 days
following preparation and delivery of the preliminary
transcript to identify the specific portions of the
testimony as to which protection is sought.

(c)

Only those portions of the testimony that are
appropriately designated for protection within the 30
days following preparation and delivery of the

preliminary transcript shall be covered by the
provisions of this Stipulated Protective Order.
(d)

Nothing in this Order shall prevent a party from
disclosing the preliminary transcript as detailed in
Section 7.2, provided that, where applicable under
Section 7.2, the individual to whom the preliminary
transcript is disclosed has signed the
“Acknowledgment and Agreement to Be Bound by
Protective Order” (Exhibit A).

(e)

The court reporter must mark those portions of the
deposition that are designated as “CONFIDENTIAL”
or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” .
If only a portion of the material on a page qualifies
for protection, the Producing Party must clearly
identify to the court reporter the protected portion(s)
(e.g., by making appropriate markings in the
margins, but not over text).

5.4.3. For information produced in some form other than

documentary, and for any other tangible items:

(a)

Producing Party must affix in a prominent place on
the exterior of the container or containers in which
the information or item is stored the legend
“CONFIDENTIAL” or “CONFIDENTIAL –
ATTORNEYS’ EYES ONLY.”

(b)

If only portions of the information or item warrant
protection, the Producing Party, to the extent
practicable, shall also identify the protected portions
in such a way that does not interfere with the
viewing of the evidence.

Nothing in this Order shall prevent a Party from using at trial any
information or materials designated “CONFIDENTIAL” or “CONFIDENTIAL
– ATTORNEYS’ EYES ONLY.”
5.5

Inadvertent Failures to Designate.

If timely corrected, an inadvertent failure to designate qualified
information or items as “CONFIDENTIAL” or “CONFIDENTIAL –
ATTORNEYS’ EYES ONLY” does not, standing alone, waive the Designating
Party’s right to secure protection under this Order for such material. If
material is appropriately designated as “CONFIDENTIAL” or
“CONFIDENTIAL – ATTORNEYS’ EYES ONLY” after the material was

initially produced, the Receiving Party, on timely notification of the
designation, must make reasonable efforts to assure that the material is
treated in accordance with the provisions of this Order.
5.6

Inadvertent Production of Privileged Information.

If a party, through inadvertence, produces or provides material that it
believes is subject to a claim or attorney-client privilege, work product
immunity, or any other privilege or immunity, the Producing Party may give
written notice to the Receiving Party that the material is subject to a specific
privilege or immunity and request that the material be returned to the
Producing Party. The Receiving Party shall return the material immediately,
or, if circumstances prevent immediate return, at such specific time as agreed
upon between the Producing and Receiving Parties. Return of the material
shall not constitute an admission or concession, or permit any inference that
the returned material is, in fact, properly subject to a claim of any privilege
or immunity, nor shall it foreclose any party from moving the Court for an
order that such document or thing has been improperly designated or should
be producible for any reason, including a waiver caused by the inadvertent
production.
6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

Timing of Challenges.

Unless a prompt challenge to a Designating Party’s confidentiality
designation is necessary to avoid foreseeable substantial unfairness,
unnecessary economic burdens, or a later significant disruption or delay of
the litigation, a Party does not waive its right to challenge a confidentiality
designation by electing not to mount a challenge promptly after the original
designation is disclosed.
6.2

Meet and Confer.

A Party that elects to initiate a challenge to a Designating Party’s
confidentiality designation must do so in good faith and must begin the
process by conferring directly with counsel for the Designating Party. In
conferring, the Challenging Party must explain the basis for its belief that
the confidentiality designation was not proper. The Designating Party must
respond within ten (10) days by informing the Challenging Party in writing if
it will remove the confidentiality designation, and if not, the basis for not
doing so.
6.3

Formal Challenge to Designation.

If, within ten (10) days after the Meet and Confer the Designating
Party has not removed, or agreed to remove, the confidentiality designation,
the Challenging Party may at any time thereafter give written notice by way
of a reasoned, formal letter to the Designating Party stating its objection to

the confidentiality designation. Within fifteen (15) days after receipt of the
reasoned, formal letter, the Designating Party shall apply to the Court for an
order specifically designating the Disclosure or Discovery Material at issue as
“Protected Material.” The Party seeking such an order has the burden of
establishing good cause for the Disclosure or Discovery Material to be treated
as “Protected Material.”
6.4

Treatment of Information While Challenge is Pending.

Notwithstanding any challenge to the designation of Disclosure or
Discovery Material as Protected Material, all materials designated as such
must be treated as such and subject to this order until one of the following
occurs:
(a)

the Designating Party withdraws its confidentiality
designation in writing;

(b)

the Designating Party fails to apply to the Court for
an order designating the material Protected Material
within the time period specified above after receipt of
a written challenge to such designation; or

(c)

the Court decides the material at issue is not subject
to protection as Protected Material.

7.

ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

Basic Principles.

A Receiving Party may use Protected Material that is disclosed or
produced by another Party or by a Non-party in connection with this case
only for prosecuting, defending, or attempting to settle this litigation. Such
Protected Material may be disclosed only to the categories of persons and
under the conditions as are described herein. When the litigation has been
terminated, a Receiving Party must comply with the provisions of Section 11,
below (FINAL DISPOSITION).
Protected Material must be stored and maintained by a Receiving
Party at a location and in a secure manner that ensures that access is limited
to the persons authorized under this Order.
7.2

Disclosure of Protected Material.
7.2.1. Unless otherwise ordered by the Court or permitted in

writing by the Designating Party, a Receiving Party may
disclose any information or item designated
CONFIDENTIAL only to:
(a)

Outside Counsel of any Party in this action, including
associated personnel necessary to assist Outside
Counsel in these proceedings, such as litigation

assistants, paralegals, and secretarial and other
clerical personnel;
(b)

Parties to this litigation and their officers, directors,
and employees (including House Counsel) to whom
disclosure is reasonably necessary for this litigation;

(c)

Experts (as defined in this Order) of the Receiving
Party, including associated personnel necessary to
assist Experts in these proceedings, such as litigation
assistants, paralegals, and secretarial and other
clerical personnel, so long as such Expert has signed
the “Acknowledgment and Agreement to Be Bound by
Stipulated Protective Order” (Exhibit A);

(d)

the Court, including associated personnel necessary
to assist the Court in its functions, and the jury;

(e)

litigation support services, including outside copying
services, court reporters, stenographers,
videographers, or companies engaged in the business
of supporting computerized or electronic litigation
discovery or trial preparation, retained by a Party or

its counsel for the purpose of assisting that Party in
these proceedings;
(f)

other professional vendors to whom disclosure is
reasonably necessary for this litigation;

(g)

any actual or potential witness in the action who has
signed the “Acknowledgment and Agreement to Be
Bound by Stipulated Protective Order” (Exhibit A),
provided that counsel believes, in good faith, that
such disclosure is reasonably necessary for the
prosecution or defense of these proceedings. Pages of
transcribed deposition testimony or exhibits to
depositions that reveal Protected Material must be
separately bound by the court reporter and may not
be disclosed to anyone except as permitted herein;

(h)

the author of the document or the original source of
the information;

(i)

counsel for issuers of insurance policies under which
any issuer may be liable to satisfy part or all of a
judgment that may be entered in these proceedings
or to indemnify or reimburse payments or costs

associated with these proceedings and who has
signed the “Acknowledgment and Agreement to Be
Bound by Stipulated Protective Order” (Exhibit A);
(j)

any mediator or arbitrator appointed by the Court or
selected by mutual agreement of the parties and the
mediator or arbitrator's secretarial and clerical
personnel, provided that a company representative
for the mediator or arbitrator has signed the
“Acknowledgment and Agreement to Be Bound by
Stipulated Protective Order” (Exhibit A); and

(k)

any other person as to whom the Producing Party has
consented to disclosure in advance and in writing, on
notice to each Party hereto.

7.2.2. Unless otherwise ordered by the Court or permitted in

writing by the Designating Party, a Receiving Party may
disclose any information or item designated
“CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to:
(a)

Plaintiff

(b)

The Receiving Party’s Outside Counsel in this action,
including associated personnel reasonably necessary

to assist Outside Counsel in these proceedings, and
who have signed the “Acknowledgement and
Agreement to Be Bound by Stipulated Protective
Order” (Exhibit A);
(c)

Experts (as defined in this Order) of the Receiving
Party, including associated personnel reasonably
necessary to assist Experts in these proceedings, and
who have signed the “Acknowledgment and
Agreement to Be Bound by Stipulated Protective
Order” (Exhibit A);

(d)

the Court, including associated personnel necessary
to assist the Court in its functions, and the jury;

(e)

court reporters, their staffs, and other professional
vendors to whom disclosure is reasonably necessary
for this litigation and for whom a company
representative has signed the “Acknowledgment and
Agreement to Be Bound by Stipulated Protective
Order” (Exhibit A);

(f)

the author of the document or the original source of
the information; and

(g)

any other person as to whom the Producing Party has
consented to disclosure in advance and in writing, on
notice to each Party hereto.

8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED
PRODUCED IN OTHER LITIGATION
If a Receiving Party is served with a subpoena or an order issued in

other litigation that would compel disclosure of any information or items
designated in this action as “CONFIDENTIAL” or “CONFIDENTIAL –
ATTORNEYS’ EYES ONLY,” the Receiving Party must so notify the
Designating Party, in writing (by e-mail or fax, if possible) within three (3)
court days after receiving the subpoena or order. Such notification must
include a copy of the subpoena or court order.
9.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
If a Receiving Party learns that, by inadvertence or otherwise, it has

disclosed Protected Material to any person or in any circumstance not
authorized under this Stipulated Protective Order, the Receiving Party must
immediately (a) notify in writing the Designating Party of the unauthorized
disclosures, (b) use its best efforts to retrieve all copies of the Protected
Material, (c) inform the person or persons to whom unauthorized disclosures
were made of all the terms of this Order, and (d) request such person or

persons to execute the “Acknowledgment and Agreement to Be Bound by
Stipulated Protective Order” that is attached hereto as Exhibit A.
10.

FILING PROTECTED MATERIAL OR USING PROTECTED
MATERIAL AT A HEARING OR TRIAL
10.1

Basic Principles.

Without written permission from the Designating Party or a court
order secured after appropriate notice to all interested persons, a Party may
not file in the public record in this action any Protected Material in support of
discovery-related motions. A Party must seek to file any Protected Material
used in support of a discovery-related motion or a dispositive motion under
seal. In seeking to file Protected Material under seal, a Party must comply
with applicable law and the procedure outlined in subparagraph 10.2. The
fact that Discovery Material has been designated as “CONFIDENTIAL” or
“CONFIDENTIAL – ATTORNEYS’ EYES ONLY” shall not be admissible as
evidence that the Material in fact contains Confidential Information entitled
to protection from disclosure under the law.
10.2

Procedure for Filing Protected Material Under Seal.

Before filing any information that has been designated
"CONFIDENTIAL INFORMATION" with the Court, or any pleadings,
motions or other papers that disclose any such information, counsel shall
confer with counsel for the party that produced the information so designated

about how it should be filed. If the party that produced the information so
designated desires that the materials be filed under seal, then the filing party
shall file the materials in accordance with Local Civil Rule 79.2, EDNC, with
notice served upon the producing party. The filing of the materials under seal
shall not be binding on the Court, however.
Within 10 days of service of such notice, the party desiring that the
materials be maintained under seal shall file with the Court a Motion to Seal
and supporting memorandum of law specifying the interests which would be
served by restricting public access to the information. The party that initially
filed the materials need not file any such Motion to Seal or otherwise defend
another party's desire that the materials remain sealed.
The Court will grant the Motion to Seal only after providing adequate
notice to the public and opportunity for interested parties to object, after
carefully weighing the interests advanced by the movant and those interests
favoring public access to judicial documents and records, and upon finding
that the interests advanced by the movant override any common law or
constitutional right of public access which may attach to the information.
Documents submitted under seal in accordance with this paragraph
will remain under seal pending the Court's ruling. If the party desiring that
the information be maintained under seal does not timely file a Motion to

Seal, then the materials will be deemed unsealed, without need for order of
the Court.
10.3

Procedure for Sealing Protected Material Introduced During a
Hearing, Trial, or Other Court Proceeding.

To the extent that any Party would seek to seal or otherwise restrict
access to an exhibit or other document introduced during a hearing, trial, or
other court proceedings, the Party must make a separate motion in that
regard for consideration by the court conducting the proceedings, supported
by sufficient justification therefor. Likewise, to the extent any Party would
seek to seal any portion of a transcript of a court proceeding, the party must
file a separate motion to seal for consideration by the court that conducted
such proceeding.
10.4

Procedure for Sealing Protected Material Before Any Other
Court, Including Appeal.

To the extent the Parties may later proceed before any other court,
including in any appeals in the present case, the Parties must follow the
rules of that court with respect to any issues of sealing or restricting access to
documents.
11.

FINAL DISPOSITION
The terms of this Protective Order shall survive and remain in full

force and effect after the termination of this litigation. Within sixty (60)
days after final conclusion of all aspects of this litigation, including any

appeal by any party, all Protected Material and all copies of the same (other
than those filed with the Court) shall be returned to the Designating Party
or, at the option of the Designating Party, destroyed; provided, however,
that counsel for the parties shall be entitled to retain documents to the
extent reasonably necessary to preserve a file on this litigation for purposes
of compliance with applicable state bar rules of professional conduct and
counsel’s malpractice carrier requirements . Any such archival copies that
contain or constitute Protected Material remain subject to this Protective
Order as set forth in Section 4 (DURATION), above.
12.

MISCELLANEOUS
12.1

Right to Party’s Own Documents.

Nothing herein shall affect or restrict the rights of any party with
respect to its own documents or to the information obtained or developed
independently of documents, transcripts and materials afforded confidential
treatment pursuant to this Order.
12.2

Right to Further Relief.

Nothing in this Order abridges the right of any person to seek its
modification by the Court in the future.
12.3

Right to Assert Other Objections.

By stipulating to the entry of this Protective Order no Party waives any
right it otherwise would have to object to disclosing or producing any
information or item on any ground not addressed in this Stipulated
Protective Order. Similarly, no Party waives any right to object on any
ground to use in evidence of any of the material covered by this Protective
Order.

SO ORDERED, this 14th day of May 2018.
___________________________________________
KIMBERLY A. SWANK
United States Magistrate Judge

CONSENTED TO:
/s/ Suzanne Begnoche
SUZANNE BEGNOCHE
Suzanne Begnoche, Attorney at Law
NCSB # 35158
P.O. Box 2035
Chapel Hill, NC 27515
Telephone: [phone]
Fax: [phone]
[e-mail]
Attorney for Plaintiff
/s/ Robert C. deRosset
Robert C. deRosset
N.C. Bar No. 27656
Young Moore & Henderson, P.A.
3101 Glenwood Avenue, Suite 200
P.O. Box 31627
Raleigh, NC 27622
[phone]
[phone] Fax
[e-mail]
Attorney for Defendant

EXHIBIT A
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
C.A. No. 5:18-cv-00014-D
RONALD TOLAND, JR.,

) ACKNOWLEDGMENT AND
Plaintiff, )
AGREEMENT TO BE
)
BOUND BY CONSENT
vs.
) MOTION FOR ENTRY OF
) PROTECTIVE ORDER AND
TRANS UNION LLC,
) PROSPECTIVE SEALING
)
ORDER
Defendant. )
____________________________________ )

I acknowledge that I have read and understand the Stipulated
Protective Order entered in this action on ________________________________,
20___, and agree to abide by its terms and conditions. Because it is necessary
for me in the performance of my duties to have access to Confidential Matter
and information contained therein that are the subject of said Stipulated
Protective Order, I understand and agree that I am personally bound by and
subject to all of the terms and provisions of said Order. I subject myself to
the jurisdiction and venue of the United States District Court for the Eastern
District of North Carolina for purposes of enforcement of this Agreement and
Order.
Witness my signature this ______ day of _______________________,
20____.

_______________________________________________________
Signature
Address:________________________________________________
Telephone:______________________________________________

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