Synovus Bank v. Rantzos et al
Filing
42
PROTECTIVE ORDER. Signed by District Judge Martin Reidinger on 07/11/2013. (Pro se litigant served by US Mail.)(thh)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
IN RE: SYNOVUS BANK/
SEVEN FALLS LITIGATION
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Civil Case Nos.
1:11-cv-66, 1:11-cv-71,
1:11-cv-186, 1:11-cv-188,
1:11-cv-191, 1:11-cv-328
1:11-cv-330, 1:12-cv-210,
1:12-cv-215
PROTECTIVE ORDER
Pending before the Court is the Join Motion for Protective
Order [# 83].
Upon a review of the motion and the record in this
case, and for good cause shown, the Court GRANTS the motion [#
83], and enters the following Protective Order.
Pursuant to Rule 26(c) of the Rules of Civil Procedure, the
represented parties had stipulated and agreed to the following
protective order which shall govern the use and treatment of
information, documents and other tangible things produced in this
litigation.
The Court determined that the Order should apply as
well to documents or information produced by or to any parties
that are appearing pro se1:
1.
“Confidential Information” means any information, in
whatever form, that a party in good faith believes contains,
reflects
or
concerns
nonpublic
or
sensitive
or
proprietary
This Order shall apply to all parties except for Okay
Properties, LLC and William O’Donnell, Jr., as the parties have
reached a settlement with Synovus Bank and are finalizing a
stipulation of dismissal. See Order (Doc. 32), Synovus Bank v.
Okay Properties, LLC, et al., 1:11-cv-330.
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information which, if disclosed to third parties, would likely
cause
injury,
Information
prejudice
shall
information,
or
embarrassment.
but
not
include,
income
tax
be
limited
statements,
Confidential
to,
internal
financial
business
communications, business plans, marketing and sales information,
appraisals, information relating to personnel matters, employee
compensation,
and
other
publicly available.
sensitive
information
that
is
not
Confidential Information may not be used or
disseminated except as provided in this consent protective order
(“Protective Order”).
2.
Documents may be designated as Confidential Information
by affixing the label “CONFIDENTIAL” to each document (or to the
first
page
counsel
of
for
confidential.
a
multi-page
the
receiving
document)
party
or
that
otherwise
the
informing
information
is
Any party may require that another party to this
Agreement or a third party subpoenaed to produce documents shall
designate documents as “Confidential Information” prior to their
production.
Deposition
testimony
and/or
exhibits
may
be
designated as Confidential Information either by: (a) stating on
the record of the deposition that such deposition, or portion
thereof, or exhibit is confidential; or (b) stating in writing
served upon counsel of record up to ten (10) days after receipt
of the deposition transcript that such deposition, or portion
thereof,
or
exhibit
is
confidential.
2
The
designation
of
a
document as CONFIDENTIAL shall not impact the treatment of other
copies of the same document received by a party outside the scope
of this litigation.
3.
Materials designated as Confidential Information may
only be copied, disclosed, discussed, or inspected, in whole or
in part, for the purposes of this litigation and only by the
following persons:
(a)
the parties in this lawsuit;
(b)
counsel
who
litigation
employed
represent
and
by
the
those
the
parties
personnel
firms
and
in
who
directly
are
are
this
assisting
the
attorneys working on this action;
(c)
any
person
who
is
to
testify
as
a
potential
witness either at a deposition or court proceeding
in this action for the purpose of assisting in
his/her preparation therefore and any other person
to
whom
the
dissemination
of
the
document
is
deemed necessary by any party in preparation for
trial;
(d)
expert witnesses retained and identified by the
parties in this lawsuit;
(e)
the Court and its officers, including stenographic
reporters
engaged
3
in
such
proceedings
as
are
necessarily incidental to the preparation or trial
of this lawsuit; and,
(f)
any
mediator
or
arbitrator
selected
with
the
consent of all parties.
Confidential Information shall not be disclosed to any of
the persons referred to in subparagraphs (c) and (d) until such
persons have been provided with a copy of this protective Order
and have agreed in writing to be bound thereto by execution of a
written agreement to that effect.
The written agreement shall be
in the form of the Confidentiality Agreement attached hereto as
Exhibit A.
4.
Whenever
a
document
or
information
designated
as
Confidential Information is to be referred to or disclosed in a
deposition,
meeting
or
other
gathering,
any
party
claiming
confidentiality may exclude from the room any person who is not
entitled under this Protective Order to receive the Confidential
Information.
5.
The parties recognize that documents filed with the
Court require a higher showing to be sealed.
Therefore, the
parties agree that they must seek permission from the Court to
file materials under seal.
A party that seeks to file under seal
any Confidential Information must comply with Local Rule 6.1.
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6.
Subject to the rules of evidence and orders of the
Court, Confidential Information may be offered in evidence at
trial or any court hearing.
7.
In the event that a party inadvertently produces any
Confidential Information that is privileged, in whole or in part,
pursuant to the attorney-client privilege, work product doctrine,
or other applicable privilege, the privileged material may be
retrieved by the producing party by giving written notice to all
parties who received copies of the produced materials of the
claim of privilege within fifteen (15) days of the date on which
the producing party becomes aware of the inadvertent production.
Upon receipt of such notice, all parties or other persons that
have received a copy of the produced material shall return any
privileged material to the producing party and destroy any copies
of privileged documents.
The terms of this paragraph shall not
be deemed a waiver of a party’s right to contest the producing
party’s designation of Confidential Information as privileged,
nor shall such inadvertent production
of
a document
that is
subsequently retrieved pursuant to this paragraph be deemed to be
a waiver of the claim of privilege asserted.
8.
The
terms
of
this
Protective
Order
are
subject
to
modification, extension or limitation as may be agreed to by the
parties
in
writing
or
as
ordered
by
the
Court.
Any
modifications, extensions or limitations agreed to in writing by
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the parties shall be deemed effective pending approval by the
Court.
9.
With respect to any Confidential Information, a party
may at any time serve upon counsel for the producing party a
written
notice
of
“CONFIDENTIAL.”
objection
to
the
materials
designated
as
The parties shall use their best efforts to
resolve the issue before presenting it to the Court.
10.
Confidential
Information
shall
be
used
solely
and
exclusively for the purpose of this litigation and for no other
purpose, except as directed by the Court or allowed by law.
11.
At the conclusion of this litigation (including any
appeals), the disposition of protected materials shall be subject
to a final order of the Court.
order,
all
material
In the absence of such a final
designated
as
confidential
pursuant
to
paragraph 2 above shall either be destroyed or returned to the
designating party, within sixty (60) days after the conclusion of
the litigation, except with respect to (a) material that becomes
part of the Court record in this matter, (b) work product of
counsel,
and
(c)
required
to
be
transcripts,
maintained
exhibits,
by
the
and
parties’
other
documents
written
record
retention policy as necessary for an understanding of the outcome
of the case, provided that all material designated confidential
pursuant to paragraph 2 in such retained material is maintained
in accordance with the provisions hereof.
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The parties stipulate that this Court shall retain jurisdiction
over them and any person to whom Confidential Information is
disclosed to the extent necessary to enforce the terms of this
Protective Order.
It is so ORDERD
Signed: July 11, 2013
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Respectfully submitted this 28th day of June, 2013.
s/ELIZABETH C. FRANKS
W. CARLETON METCALF
NC Bar #24415
HEATHER WHITAKER GOLDSTEIN
NC Bar #26194
ELIZABETH C. FRANKS
NC Bar #39681
VAN WINKLE, BUCK, WALL, STARNES
AND DAVIS, P.A.
P.O. Box 7376
Asheville, NC 28802-7376
Telephone: 828-258-2991
Fax: 828-257-2767
cmetcalf@vwlawfirm.com
hgoldstein@vwlawfirm.com
lfranks@vwlawfirm.com
s/JOHN E. ROGERS, II
John E. Rogers, II
NC Bar #35811
THE WARD LAW FIRM, P.A.
P.O. Box 5663
Spartanburg, SC 29304
Telephone: 864-585-3873
Fax: 864-585-3090
jrogers@wardfirm.com
Attorneys for Borrowers
s/T. RYAN LANGLEY
T. RYAN LANGLEY
(Admitted Pro Hac Vice)
HODGE & LANGLEY LAW FIRM, P.C.
229 Magnolia Street
P.O. Box 2765
Spartanburg, SC 29306
Telephone: 864-585-3873
Fax: 864-585-6485
RLangley@hodgelawfirm.com
T. WILLIAM MCGEE, III
(Admitted Pro Hac Vice)
NELSON MULLINS RILEY &
SCARBOROUGH, LLP
1320 Main Street, 17th Floor
Meridian Building
Columbia, SC 29201
Telephone: 803-255-9490
Fax: 803-255-5930
billy.mcgee@nelsonmullins.com
s/STEVEN BRENT McFARLAND
STEVEN BRENT McFARLAND
NC Bar #38350
NELSON MULLINS RILEY &
SCARBOROUGH, LLP
1320 Main Street, 17th Floor
Meridian Building
Columbia, SC 29201
Telephone: 803-255-9490
Fax: 803-255-5930
steven.mcfarland@nelsonmullins.com
Attorneys for Synovus Bank
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s/RICHARD B. FENNELL
RICHARD B. FENNELL
NC Bar #17398
JAMES, MCELROY & DIEHL, P.A.
600 South College Street
Charlotte, NC 28202
Telephone: 704-372-9870
Fax: 704-333-5508
rfennell@jmdlaw.com
Attorneys for Vinson Parties
EXHIBIT A
STATE OF NORTH CAROLINA
CONFIDENTIALITY AGREEMENT
COUNTY OF
I have read the Consent Protective Order (“Protective
Order”) concerning the confidentiality of information in the
above-captioned litigation.
I understand that the Protective
Order is a Court order designed to preserve the confidentiality
of certain Confidential Information. I also understand that the
Protective Order restricts the use, disclosure and retention of
such Confidential Information and also requires the safeguarding
and
return
of
documents
and
other
materials
containing
Confidential Information.
I agree to comply with all provisions of the Protective
Order.
I also hereby submit myself to the jurisdiction of the
Court for the purpose of enforcement of any provision of the
Protective Order.
Dated:
[Signature]
[Name]
[Address]
Sworn to and subscribed
___________________, 2013.
before
(SEAL)
me
this
______
day
Notary Public
Print Name:
My Commission Expires
Personally known to me [ ] or produced identification [
Type of identification:____________________________
9
]
of
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