Durkee v. Jett et al

Filing 70

PROTECTIVE ORDER. Signed by Magistrate Judge Dennis Howell on 8/15/2011. (pdf)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
MARGIE GAIL DURKEE; MICHAEL
EARL DURKEE; JACKIE NEWTON,
Guardian ad Litem on behalf of C.D.;
BARNEY DURKEE; BARBARA
DURKEE; TIMOTHY CABLE, Guardian
ad Litem on behalf of D.B., a minor,
CAMELIA BUCHANAN and KENNETH
BUCHANAN,
Plaintiffs,
v.

1:08-cv-429-MR-DLH

PROTECTIVE ORDER

C.H. ROBINSON WORLDWIDE, INC.;
C.H. ROBINSON COMPANY;
GEOLOGIC SOLUTIONS, INC.; XATA
CORPORATION; N&W HOLDINGS,
LLC; PEOPLEASE CORPORATION;
CORETRANS, LLC; DOMTAR PAPER
COMPANY, LLC, d/b/a DOMTAR
CORPORATION; DOMTAR
INDUSTRIES, INC.; DOMTAR, INC.; and
DOMTAR CORPORATION,
Defendants.

WHEREAS, written discovery requests of Plaintiffs seek copies of documents which may
contain confidential, proprietary, trade secrets or other commercially sensitive business
information; and
WHEREAS, Defendants object to production of aforementioned discovery requests for
multiple reasons, including the concern that such documents may contain confidential,
proprietary, trade secrets or other commercially sensitive business information, the disclosure of
which could cause harm or damage to Defendants or to Defendants’ insured and which should be
restricted;

WHEREAS, Plaintiffs are willing to limit the use of such documents produced and to
protect the claimed confidentiality of these documents; and
WHEREAS, all parties have consented to entry of this Order,
NOW , THEREFORE , IT IS HEREBY ORDERED THAT :
1.

Defendants will produce documents responsive to Plaintiffs’ requests for

production that are otherwise discoverable and for which no other objection has been raised, but
only subject to the terms of this Order;
2.

Defendants shall mark all such documents “CONFIDENTIAL.”

3.

Plaintiffs shall maintain any such documents so received and marked

“CONFIDENTIAL” in confidence, limiting use thereof to this lawsuit, and will return or destroy
any such documents at the conclusion of this litigation;
4.

Plaintiffs shall ensure that any such documents will be used and viewed only by

Plaintiffs, Plaintiffs’ counsel and other personnel whose viewing of the documents is necessary
and reasonable for this litigation (i.e. expert consultants and employees of plaintiff’s counsel
assisting in the litigation).
5.

Plaintiffs shall ensure that any such documents filed with the Court will be filed

under seal.
6.

Plaintiffs shall ensure the each person viewing documents produced under the

terms of this Order shall execute the memorandum of understanding attached hereto as Exhibit
A.

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Signed: August 15, 2011

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EXHIBIT A
MEMORANDUM OF UNDERSTANDING
I have been informed by counsel that certain documents or information to be disclosed to
me in connection with the matter entitled Durkee et al v. C.H. Robinson Company et al, have
been designated as confidential. I have been informed that any such document or information
labeled as “CONFIDENTIAL” are confidential by Order of the Court.
Under penalty of contempt of Court, I hereby agree that I will not disclose any
information contained in such documents to any other person, and I further agree not to use any
such information for any purpose other than this litigation.
DATED: ____________________

____________________________
(Seal)

Signed in the presence of:
____________________________
(Attorney)

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