Wells Fargo Bank, National Association v. Building Blocks Pediatrics, PLLC et al

Filing 42

STIPULATED PROTECTIVE ORDER (As Modified) - Signed by US Magistrate Judge James E. Gates on 7/25/2018. (Sellers, N.)

IN THE UNITED ST ATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
Civil Action No. 5:18-CV-24-0

Wells Fargo Bank, National Association,
Plaintiff,

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)
)
)

v.

)
)

Building Blocks Pediatrics, PLLC, Dori J.
Thomas, Michael Thomas, Kristi Woods
Edwards, and Clyde Edwards,
Defendants.

)
)
)
)
)
)

STIPULATED PROTECTIVE ORDER
(AS MODIFIED)

Plaintiff Well s Fargo Bank, National Assoc iation ("Plaintiff' or "Wells Fargo") and
Defendants Dori J. Thomas and Michael Thomas (the "Defendants", and collectively the
"Parties") 1 anticipate that documents, testim ony, or information containing or reflecting

confidential, proprietary, and/or personally or commercially sensitive information are likely to be
disclosed or produced during the course of discovery in this case and request that the Court enter
this Order setting forth the conditions for treating, obtaining, and using such information.
Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, the Court finds good cause
for the following Stipulated Protective Order Regarding the Disclosure and Use of Discovery
Materials ("Order" or "Protective Order").
1.

PURPOSE.

A Receiving Party may use Protected Material, as defined below, that is disclosed or
produced by another Party or by a non-party in connection with this case only for prosecuting,
1

Defendants Clyde Edwards and Kristi Edwards are no longer parties to this case pursuant to the
Order entered by this Court in Case Number 5: l 7-CV-00457-BO, in which this Court reversed the
Bankruptcy Court's dismissal of the Edwards Chapter 7 petition. The Bankruptcy Court has since
granted the Edwards' discharge in the Chapter 7 case. Accordingly, Wells Fargo has dismissed the
Edwards as parties from this lawsuit. In addition, a Consent Judgment has been tendered to the
Court as to Defendant Building Blocks Pediatrics, PLLC.

defending, or attempting to settle the claims at issue in this lawsuit. Such Protected Material may
be disclosed only to the categories of persons and under the conditions described in this Protective
Order.

2.

DEFINITIONS.
a.

"Discovery Material" means all items or information, including from any non party,

regardless of the medium or manner generated, stored, or maintained (including, among other
things, testimony, transcripts, or tangible things) that are produced, disclosed, or generated in
connection with discovery or any disclosures in this case.
b.

"Party" means any party to this case, including all of its officers, directors, and

employees.
c.

" Producing Party" means any Party or other third-party entity that discloses or

produces any Discovery Material in this case.
d.

"Protected Material" means any Discovery Material that is designated as

"CONFIDENTIAL" or ' HIGHLY CONFIDENTIAL'', as provided for in this Order, as well as any
information copied or extracted therefrom, as well as all copies, excerpts, summaries, or
compilations thereof, plus testimony, conversations, or presentations by the Parties or their counsel
in Court or in any other setting that might reveal such information. Protected Material shall not
include materials that show on their face they have been disseminated to the public by the
designating party.
e.

"Receiving Party" means any Party who receives Discovery Material from a

Producing Party.
f.

"Outside Counsel" means (i) outside counsel who appear on the pleadings as counsel

for a Party, and (ii) attorneys associated with such counsel to whom it is reasonably necessary to
disclose the information for purposes of this litigation .

3.

COMPUTATION OF TIME.
The computation of any period of time prescribed or allowed by this Order shall be

governed by the provisions for computing time set forth in Federal Rules of Civil Procedure 6.

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4.

SCOPE.
a.

Nothing in this Protective Order shall prevent or restrict a Producing Party's own

disclosure or use of its own Discovery Material for any purpose, and nothing in this Order shall
preclude any Producing Party from showing its Discovery Material to an individual who prepared
the Discovery Material.
b.

Nothing in this Order shall be construed to prejudice any Party's right to use any

Protected Material in court or in any court filing so long as appropriate actions are taken to protect
any Protected Material 's confidentiality, such as filing the Protected Material under seal.
c.

This Order is without prejudice to the right of any Producing Party to seek further or

additional protection of any Discovery Material or to modify this Order in any way, including,
without limitation, an order that certain matter not be produced at all.

5.

DURATION.
Even after the termination of this case, the confidentiality obligations imposed by this Order

shall remain in effect until a Producing Party agrees otherwise in writing or a court order otherwise
directs.

6.

ACCESS TO AND USE OF PROTECTED MATERIAL.
a.

Basic Principles. All Protected Material shall be used solely for this case or any

related appellate proceeding, and not for any other purpose whatsoever, including without limitation
any other litigation or any business or competitive purpose or function. Protected Material shall not
be distributed, disclosed, or made available to anyone except as expressly provided in this Order.
b.

Personally Identifying Information.

Plaintiff, Wells Fargo, may be producing

records in this lawsuit that contain Personally Identifying Information of Wells Fargo customers,
which may include name, mailing address, telephone numbers, email addresses or other personally
identifiable information that can be used on its own or with other information to identify, contact or
locate an individual ("PII").

While Wells Fargo may redact PII, redacting certain PII may be

unduly burdensome, and thus it may choose to not redact PII in all documents produced . The

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Parties agree that any PII contained in documents produced by Wells Fargo shall be treated as
CONFIDENTIAL, pursuant to the terms of this Order.

Absent an Order of this Court, neither

Defendants nor their counsel shall use PII obtained solely from documents produced by Wells
Fargo to communicate with any Wells Fargo customer.

Nothing in this paragraph shall be

construed as a waiver by Wells Fargo of its position that Wells Fargo is entitled to redact PII, and
the Parties agree that PII may be redacted.

c.

Secure Storage. 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.

d.

Limitations. Nothing in this Order shall restrict in any way a Producing Party's use

or disclosure of its own Protected Material. Nothing in this Order shall restrict in any way the use
or disclosure of Discovery Material by a Receiving Party: (i) that is or has become publicly known
through no fault of the Receiving Party; (ii) that is lawfully acquired by or known to the Receiving
Party independent of the Producing Party; (iii) that was previously produced, disclosed and/or
provided by the Producing Party to the Receiving Party or a non-party without an obligation of
confidentiality and not by inadvertence or mistake; (iv) with the consent of the Producing Party; or
(v) pursuant to Order of the Court.

7.

DESIGNATING PROTECTED MATERIAL.
a.

Available Designations. Any Producing Party may designate Discovery Material

with the following designation, provided that it meets the requirements for such designation as
provided for herein: "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL."

b.

Written Discovery and Documents and Tangible Things.

Written discovery,

documents (which include "electronically stored information," as that phrase is used in Federal Rule
of Procedure 34), and tangible things that meet the requirements for the confidentiality designations
listed in Paragraph 7(a) may be so designated by placing the appropriate designation on every page
of the written material, for which such designation is appropriate, prior to production. In the event

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that original documents are produced for inspection, the original documents shall be presumed
HIGHLY CONFIDENTIAL during the inspection and re-designated, as appropriate during the
copying process.

c.

Depositions and Testimony. Parties or testifying persons or entities may designate

all or portions of depositions and other testimony with the appropriate designation by indicating on
the record at the time the testimony is given or by sending written notice of which portions of the
transcript of the testimony is designated within thirty (30) days of receipt of the final transcript of
the testimony. If no indication on the record is made, all information disclosed during a deposition
shall be deemed HIGHLY CONFIDENTIAL until the time within which portions of the testimony
may be appropriately designated as provided for herein has passed.

Any party that wishes to

disclose the transcript, or information contained therein, before the time within which it may be
appropriately designated as Protected Material has passed, may provide written notice of its intent
to treat the transcript as non-confidential, after which time, any Party that wants to maintain any
portion of the transcript as confidential must designate the confidential portions within fourteen (14)
days, or else the transcript may be treated as non-confidential. Any designated Discovery Material
that is used in the taking of a deposition shall remain subject to the provisions of this Protective
Order, along with the transcript pages of the deposition testimony dealing with such Discovery
Material. In such cases the court reporter shall be informed of this Protective Order. In the event
the deposition is videotaped, the original and all copies of the videotape shall be marked by the
video technician to indicate that the contents of the videotape are subject to this Protective Order,
substantially along the lines of "This videotape contains confidential testimony used in this case and
is not to be viewed or the contents thereof to be displayed or revealed except by order of the Court,
or pursuant to written stipulation of the parties." Counsel for any Producing 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 or access
Protected Material based on the designation of such Protected Material. Such right of exclusion
shall be applicable only during periods of examination or testimony regarding such Protected
Material.
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8.

DISCOVERY
MATERIAL
"HIGHLY CONFIDENTIAL."
a.

DESIGNATED

AS

"CONFIDENTIAL"

OR

To the extent reasonably possible, each Party or non-party that designates

information or items for protection under this Order must take care to limit any such designation to
specific documents that qualify under the appropriate standards
b.

A Producing Party may designate Discovery Material as "CONFIDENTIAL" if it

contains or reflects confidential, non-public, proprietary, commercially sensitive, and/or private
information of an individual or entity. A Producing Party may designate Discovery Material as
"HIGHLY CONFIDENTIAL" if it contains or reflects information that the Producing Party claims
in good faith constitutes confidential financial information of an individual, trade secrets,
confidential financial or business plans and strategies, or other highly sensitive, personal or
proprietary information that may cause competitive, commercial or financial injury if disclosed
beyond the disclosure allowed in paragraph 8(d), below.
c.

Unless

otherwise

ordered

by

the

Court,

Discovery

Material

stamped

CONFIDENTIAL may be disclosed only to the following:
i.

The Court and its personnel, although any documents that are filed with the

Court and reference or attach any information or document labeled "CONFIDENTIAL" must be
filed pursuant to the sealing rules described in paragraph 12, below
ii.

The Parties themselves, corporate officers, in-house counsel, and key

employees of the Parties who have responsibility for directing or assisting litigation counsel m
connection with this action.
iii.

The Receiving Party' s Outside Counsel, their immediate paralegals and staff,

and any copying, clerical, or other litigation support services working at the direction of such
counsel, paralegals, and staff, unless otherwise agreed.
iv.

Any outside expert or consultant retained by the Receiving Party to assist in

this action, provided that disclosure is only to the extent necessary to perform such work; and

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provided that such expert or consultant has agreed to be bound by the provisions of the Protective
Order by signing a copy of Exhibit A.
v.

Court reporters, stenographers and videographers retained to record

testimony taken in this action .
vi.

Deposition and trial witnesses.

vii.

A vendor hired by a party to collect documents, host data, maintain a

database of electronic data or perform other work related to the collection, review or production of
documents in the case, if the vendor's employees having access to the data or documents sign the
certificate attached as Exhibit A
viii.

Any mediator who is assigned to hear this matter, and his or her staff, subject

to their agreement to maintain confidentiality to the same degree as required by this Protective
Order.

d.

Unless otherwise ordered by the Court, Discovery Material that is designated

"HIGHLY CONFIDENTIAL" by a Producing Party may be disclosed by a Receiving Party only to
the persons identified in paragraphs 8(c) i, iii, iv, v, vii., and viii .

9.

MOCK JURORS.
A Party may not disclose to mock jurors any documents designated as "HIGHLY

CONFIDENTIAL" under any circumstance. A Party may not disclose to mock jurors an y original,
as-produced materials or information (including, for example, documents, deposition testimony, or
interrogatory responses) produced by another Party designated as "CONFIDENTIAL" unless that
mock juror has signed a copy of Exhibit A.

Mock jurors shall not be permitted to take any

Discovery Material with them at the end of the exercise and may not at any time take Discovery
Materials out of the offices where the mock trial is conducted.

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10.

CHALLENGING DESIGNATIONS OF PROTECTED MATERIAL.
a.

A Party shall not be obligated to challenge the propriety of any designation of

Discovery Material under this Order at the time the designation is made, and a failure to do so shall
not preclude a subsequent challenge thereto.

b.

Any challenge to a designation of Discovery Material under this Order shall be

written, shall be served on Outside Counsel for the Producing Party, shall particularly identify the
documents or information that the Receiving Party contends should be differently designated, and
the grounds for the objection. Thereafter, further protection of such material shall be resolved in
accordance with the following procedures:

i.

The objecting party shall have the burden of conferring either in person, in

writing, or by telephone with the Producing Party claiming protection in a good faith effort to
resolve the dispute.

The designating party shall have the burden of justifying the disputed

designation.

ii.

Failing agreement, the parties ' recourse is to file, within five calendar days of

the communication of no change to designations, a joint letter with the Court requesting a ruling
whether the Discovery Material in question is entitled to the status and protection of the Producing
Party' s designation.

The Producing Party shall have the burden of justifying the disputed

designation. In the event that the Court orders further briefing on the issue, the parties will abide by
any order of the Court as to the sequence and timing of the briefing. The parties' entry into this
Order shall not preclude or prejudice either party from arguing for or against any designation,
establish any presumption that a particular designation is valid, or alter the burden of proof that
would otherwise apply in a dispute over discovery or disclosure of information ;

iii.

Notwithstanding any challenge to a designation, the Discovery Material in

question shall continue to be treated as designated under this Protective Order until one of the
following occurs: (a) the party who designated the Discovery Material in question withdraws such
designation in writing; or (b) the Court rules that the Discovery Material in question is not entitled
to the designation.

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11.

SUBPOENAS OR COURT ORDERS.
If at any time a Receiving Party receives a subpoena from any court, arbitral, administrative,

regulatory or legislative body, requesting Discovery Material produced by another party, the party
to whom the subpoena or other request is directed shall immediately give prompt written notice
thereof to every party who has produced such Discovery Material and to its counsel and shall
provide each such party with an opportunity to move for a protective order regarding the production
of Protected Materials. Nothing in this paragraph should be construed as permitting disclosure of
Protected Material to any third party except as expressly provided in this Order.

12.

FILING PROTECTED MATERIAL.
a.

As applied to documents, materials or other papers filed with the Court that have

been designated "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL," the parties shall seal such
documents (or any portion thereof), by following the protocols for electronic filings in this District.

If a Party believes that material has been designated as "CONFIDENTIAL" or "HIGHLY
CONFIDENTIAL" and cannot or should not be sealed, pursuant to the protocols and rules in this
District, then the Party wishing to file the materials shall particularly identify the documents or
information that it wishes to file to the Producing Party, in writing. The Parties will then meet and
confer, in a good faith effort to resolve the dispute. Failing agreement, the Party wishing to file the
materials must request a ruling from the Court on whether the Discovery Material in question must
be submitted under seal. The Producing Party shall have the burden of justifying that the materials
must be submitted under seal. Absent written permission from the Producing Party or a court Order
denying a motion to seal , a Receiving Party may not file in the public record any Protected Material.
b.

The use of Protected Material during the pre-trial hearing shall be determined by

agreement of the parties or by Order of the Court.

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13.

SHIPPING PROTECTED MATERIAL.
When any Receiving Party ships any Discovery Material to others designated in this Order

as authorized to receive Discovery Material, the Recei vi ng Party will encrypt any electronic data (if
the Discovery Material is in that format) and supply the password in separate correspondence to the
recipient. If the Discovery Material is in hard copy/paper form , the Receiving Party will ship the
Discovery Material using secure packaging tape via Federal Express or UPS and retain a tracking
number for the materials. If the Receiving party learns at any time that Discovery Material may
have been retrieved or viewed by unauthorized parties during shipment, it will immediately notify
the Producing Party and take all reasonable measures to retrieve the improperly disclosed Discovery
Material.

14.

UNINTENTIONAL DISCLOSURE OF PRIVILEGED MATERIAL.
a.

The production of documents (including both paper documents and electronically

stored information) subject to protection by the attorney-client, the Bank Examination privilege
and/or protected by the work-product, joint defense or other similar doctrine, or by another legal
privilege protecting information from discovery, shall not constitute a waiver of any privilege or
other protection, provided that the producing party notifies the receiving party, in writing, of the
production after its discovery of the same.
b.

If the producing party notifies the receiving party after discovery that privileged

materials (hereinafter referred to as the " Identified Materials") have been produced, the Identified
Materials and all copies of those materials shall be returned to the producing party or destroyed or
deleted, on request of the producing party. If the receiving party has any notes or other work
product reflecting the contents of the Identified Materials, the receiving party will not review or use
those materials unless a court later designates the Identified Materials as not privileged or protected.
a.

The Identified Materials shall be deleted from any systems used to house the

documents, including document review databases, e-rooms and any other location that stores the
documents. The receiving party may make no use of the Identified Materials during any aspect of
this matter or any other matter, including in depositions or at trial, unless the documents are later
designated by a court as not privileged or protected.

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b.

The contents of the Identified Materials shall not be disclosed to anyone who was not

already aware of the contents of them before the notice was made.
c.

If any receiving party is in receipt of a document from a producing party which the

receiving party has reason to believe is privileged, the receiving party shall in good faith take
reasonable steps to promptly notify the producing party of the production of that document so that
the producing party may make a determination of whether ·it wishes to have the documents returned
or destroyed pursuant to this Stipu lated Protective Order.
d.

The party returning the Identified Materials may move the Court for an order

compelling production of some or all of the material returned or destroyed, but the basis for such a
motion may not be the fact or circumstances of the production.
e.

The parties agree that this Order is an Order entered under Rule 502(d) of the Federal

Rules of Evidence and thus the disclosure of Identified Materials is not a waiver of the privilege in
any other federal or state proceeding.
f.

This stipulated agreement set forth in Paragraph 14 and its subparts does not

constitute a concession by any party that any documents are subject to protection by the attorneyclient privilege, the work product doctrine or any other potentially applicable privilege or doctrine .
This agreement also is not intended to waive or limit in any way either party' s right to contest any
privilege claims that may be asserted with respect to any of the documents produced except to the
extent stated in the agreement.

15.

INADVERTENT FAILURE TO DESIGNATE PROPERLY.
a.

The inadvertent failure by a Producing Party to designate Discovery Material with

the correct confidentiality designation, shall not waive any such designation. If the Producing Party
notifies all Receiving Parties of an inadvertent failure to designate materials as "CONFIDENTIAL"
or "HIGHLY CONFIDENTIAL," the Producing Party shall reproduce the Protected Material with
the correct confidentiality designation within ten (10) days upon its notification to the Receiving

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Party.

Upon receiving the Protected Material with the correct confidentiality designation, the

Receiving Parties shall destroy all Discovery Material that was not designated properly.

b.

A Receiving Party shall not be in breach of this Order for any use of such

inadvertently-non-designated or inadvertently-misdesignated Discovery Material

before the

Receiving Party receives notice of the inadvertent failure to designate. Once a Receiving Party has
received notice of the inadvertent failure to designate pursuant to this provision, the Receiving Party
shall treat such Discovery Material at the appropriately designated level pursuant to the terms of this
Protective Order.

16.

INADVERTENT DISCLOSURE NOT AUTHORIZED BY ORDER.
a.

In the event of a disclosure of any Protected Material pursuant to this Order to any

person or persons not authorized to receive such disclosure under this Protective Order, the party
responsible for having made such disclosure, and each party with knowledge thereof, shall
immediately notify counsel for the Producing Party whose Protected Material has been disclosed
and provide to such counsel all known relevant information concerning the nature and
circumstances of the disclosure.

The responsible disclosing party shall also promptly take all

reasonable measures to retrieve the improperly disclosed Protected Material and to ensure that no
further or greater unauthorized disclosure and/or use thereof is made.

b.

Unauthorized or inadvertent disclosure does not change the status of Discovery

Material or waive the right to hold the disclosed document or information as Protected.

17.

FINAL DISPOSITION.
a.

Not later than sixty ( 60) days after the final disposition of this case, each Party shall

return all Discovery Material of a Producing Party to the respective outside counsel of the
Producing Party or destroy such Material, at the option of the Producing Party. For purposes of this
Order, "final disposition" occurs after an order, mandate, or dismissal finally terminating the abovecaptioned action with prejudice, including all appeals .

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b.

All Parties that have received any such Discovery Material shall certify in writing

that all such materials have been returned to the respective outside counsel of the Producing Party
or destroyed. Notwithstanding the provisions for return of Discovery Material, outside counsel may
retain pleadings, motions, discovery requests, any documents filed with the Court, correspondence,
and attorney and consultant work product (but not document productions) for archival purposes.

18.

MISCELLANEOUS.
a.

Right to Further Relief. Nothing in this Order abridges the right of any person to

seek its modification by the Court in the future . By stipulating to this Order, the Parties do not
waive the right to argue that certain material may require additional or different confidentiality
protections than those set forth herein.

b.

Termination of Matter and Retention of Jurisdiction. The Parties agree that the

terms of this Protective Order shall survive and remain in effect after the termination of the abovecaptioned matter. The Court shall retain jurisdiction for one year after termination of this matter to
hear and resolve any disputes arising out of this Protective Order.

c.

Successors. This Order shall be binding upon the Parties hereto, their attorneys, and

their successors, executors, personal representatives, administrators, heirs, legal representatives,
assigns, subsidiaries, divisions, employees, agents, retained consultants and experts, and any
persons or organizations over which they have direct control.

d.

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.

Similarly, no Party waives any right to object on any ground to use in

evidence any of the material covered by this Protective Order. This Order shall not constitute a
waiver of the right of any party to claim in this action or otherwise that any Discovery Material, or
any portion thereof, is privileged or otherwise non-discoverable, or is not admissible in evidence in
this action or any other proceeding.

e.

Actions to Protect Confidential Information.

In the event that the Court

determines that there is an actual or threatened breach of this Order by the party who received
Protected Material, the parties agree that the Producing Party would not have an adequate remedy at
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law and would be entitled to specific performance, and/or injunctive relief, to enforce the terms of
this Order, in addition to any other remedy the party may be entitled at law or in equity.

f.

Burdens of Proof. Notwithstanding anything to the contrary above, nothing in this

Protective Order shall be construed to change the burdens of proof or legal standards applicable in
disputes regarding whether particular Discovery Material is confidential, which level of
confidentiality is appropriate, whether disclosure should be restricted, and if so, what restrictions
should apply.
g.

Modification by Court. This Order is subject to further court order based upon

public policy or other considerations, and the Court may modify this Order sua sponte in the
interests of justice. The United States District Court for the Eastern District of North Carolina is
responsible for the interpretation and enforcement of this Order. All disputes concerning Protected
Material, however designated, produced under the protection of this Order shall be resolved by the
United States District Court for the Eastern District of North Carolina.

DATED: July 17, 2018

Isl Matthew P. Weiner
Matthew P. Weiner, Esq.
N .C. State Bar No. 37128
Catherine G. Clodfelter, Esq .
N.C. State Bar No. 47653
Parker Poe Adams & Bernstein LLP
301 Fayetteville Street, Suite 1400
Raleigh, North Carolina 27601
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff

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DATED: July 17, 2018

Isl William P. Janvier
William P. Janvier, Esq.
Janvier Law Firm, PLLC
311 E. Edenton Street
Raleigh, NC 27601
[e-mail]
Attorneys for Defendant Dori J Thomas

DATED: Jul y 17, 2018

Isl Matthew W. Buckmiller
Matthew W. Buckmiller, Esq.
Stubbs & Perdue, P.A.
9208 Falls of Neuse Road, Suite 201
Ralei gh, NC 27615
[e-mail]
Attorneys for Defendant Michael Thomas

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**********************
COURT'S APPROVAL AND MODIFICATIONS

This Stipulated Protective Order is the subject of the parties' motion (D.E. 39) for entry
thereof in the form proposed at D.E. 39-1. The court hereby ALLOWS the motion, and
APPROVES and ADOPTS the foregoing terms of the Stipulated Protective Order, subject to the
following modifications:
1.
A party may designate any Discovery Material as "Confidential" or "Highly
Confidential" pursuant to paragraph 8.b of the Stipulated Protective Order only if such party
believes in good faith that such Discovery Material qualifies for protection under Federal Rule of
Civil Procedure 26(c).
2.
A party seeking the court's ruling on a challenge by it to the designation or nondesignation of any Discovery Material shall bring the matter before the court by filing a motion
for the relief it seeks. The parties shall not file a joint letter for this purpose, as provided in
paragraph lO(a)(ii).
3.
Notwithstanding any contrary terms in paragraph 11, the time for the giving of the
written notice required therein shall be as promptly as practicable.
4.
The provisions of Local Civil Rule 79.2, E.D.N.C., along with Section V.G of the
ECF Administrative Policies and Procedures Manual cited therein, shall control the filing of sealed
documents, notwithstanding any contrary terms in this Stipulated Protective Order, including any
such terms in paragraph 12.
5.
Notwithstanding any contrary provisions in paragraph 18.b, the extent to which this
court retains jurisdiction over this litigation for enforcement of the provisions of this Stipulated
Protective Order following the final resolution of this litigation shall be determined in accordance
with law.
SO ORDERED, this 25th day of July 2018 .

United States Magistrate Judge

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EXHIBIT A
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
1, _ _ _ _ _ _ _ _ _ _ _ _ [print or type full name], of _ _ _ _ _ _ _ [print
or type full address] , declare under penalty of perjury that I have read in its entirety and understand the
Stipulated Protective Order that was issued by the United States District Court for the Eastern District of
North Carolina on

2018 in the case of Wells Fargo Bank, N.A. v. Building Blocks

Pediatrics, PLLC et. al, Case No. 5: I 8-CV-24. I agree to comply with and to be bound by all the terms
of this Stipulated Protective Order and I understand and acknowledge that failure to so comply could
expose me to sanctions and punishment in the nature of contempt. I solemnly promise that I will not
disclose in any manner any information or item that is subject to this Stipulated Protective Order to any
person or entity except in strict compliance with the provisions of this Order.
I further agree to submit to the jurisdiction of the United States District Court for the Eastern District of
North Carolina for the purpose of enforcing the terms of this Stipulated Protective Order, even if such
enforcement proceedings occur after termination of this action.
I hereby appoint _ _ _ _ _ __ __ __
_ _ __ _ _ _ _ _ _ _ _ __

[print or type full name] of

[print or type full address and telephone number] as my agent for

service of process in connection with this action or any proceedings related to enforcement of this
Stipulated Protective Order.
Date: _ _ _ _ _ _ _ _ _ _ __
City and State where sworn and signed: _ _ _ _ _ _ _ _ _ __ _ _ __
Printed name:
Signature: