Simpson v. Amylin Pharmaceuticals, Inc. et al

Filing 47

PROTECTIVE ORDER. Signed by Magistrate Judge Dennis Howell on 06/03/2013. (thh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
Civil Action No. 1:11-cv-301
)
)
JESSICA T. SIMPSON,
)
)
Plaintiff,
)
)
vs.
)
)
AMYLIN PHARMACEUTICALS, INC., )
TODD BILLINGSLEY,
)
DENISE PRINDIVILLE, and
)
CAROLINE ESPREE,
)
)
Defendants.
)
)
____________________________________)

PROTECTIVE ORDER

Upon the joint motion of the parties (which term shall include the named
parties in the case as well as any third-party subpoenaed person or entity), and their
counsel, and Eli Lilly and Company, and its counsel, for the entry of a protective
order to control the discovery and dissemination of confidential or proprietary
information in this case and for good cause shown, IT IS ORDERED:
1.

This Protective Order (“Order”) shall apply to the documents,

materials and information designated as CONFIDENTIAL pursuant to the terms of
this Order, including without limitation, documents produced, answers to
interrogatories, responses to requests for admission, responses to subpoenas,

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deposition testimony, including all copies thereof, and other information disclosed
in the context of discovery in this case or disclosed pursuant to the discovery duties
created by the Federal Rules of Civil Procedure.
2.

A party may designate as CONFIDENTIAL or proprietary business

information, medical information, personal information, trade secrets, financial
data, customer and/or client information, and/or information implicating common
law or statutory privacy interests of business entitles or individuals. For purposes
of this order, the following categories of documents and information will generally
be considered confidential and subject to this Protective Order:
 Trade secrets;
 Confidential or proprietary information, including information
about business practices, customer and/or client information,
financial or accounting data, and sensitive data;
 Confidential personnel and personal information about the
plaintiff or former or current employees or other persons,
including but not limited to documents that identify or describe
or refer in any way to a person’s health, mental or physical
condition, medical condition or treatment, disciplinary and/or
performance record while employed; social security number;
telephone records; mailing or home address; or other
identifying information; and/or compensation. With respect to
non parties, the following information may be redacted: social
security numbers, marital status, medical and health insurance
information with the exception of that information specifically
requested relating to prenatal condition, pregnancy, or post
partum condition, criminal history, and credit information (ie.
request for garnishment of wages.)

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All non party personnel and personal information shall be
designated “Attorneys’ Eyes Only,” will not be made available to
Plaintiff or any other person or entity other than Plaintiff’s attorney
or the individual to whom the information belongs, and can only be
used for purposes of this litigation.
3.

CONFIDENTIAL information shall not be disclosed or used for any

purpose except for discovery and investigation of facts in the case, preparation of
the case for trial and the trial of this case, and any appeals.
4.

CONFIDENTIAL

documents,

materials,

and/or

information

(collectively “CONFIDENTIAL information”) shall not, without the consent of the
party producing it or further Order of the Court, be disclosed except that such
information may be disclosed to:
(a)

attorneys actively working on the case;

(b)

persons regularly employed or associated with the attorneys actively
working on the case whose assistance is required by said attorneys in
the preparation for trial, at trial, or at other proceeding in the case;

(c)

any mediators in the case;

(d)

the parties in the case with the exception of information and/or
documents related to non party personnel or personal file which will
be limited to “attorneys’ eyes only” but can be shown to the
individual to whom the information belongs;

(e)

expert witnesses and consultants retained in connection with this
proceeding, to the extent necessary for preparation, trial or other
proceedings in this case;

(f)

the Court and its employees (“Court Personnel”);

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(g)

stenographic reporters who are engaged in proceedings necessarily
incident to the conduct of this action;

(h)

deponents, witnesses, or potential witnesses;

(i)

other persons by written agreement of the parties;

(j)

other persons that the Court may order upon motion filed by any
party; and

(k)

at trial, to the extent admissible.

5.

Documents shall be designated CONFIDENTIAL by placing or

affixing on them in a manner that will not interfere with their legibility the
following notice: “CONFIDENTIAL.” If the document did not originate from the
party seeking to affix the CONFIDENTIAL label, or was not produced in this
action by that party, the CONFIDENTIAL designation will occur upon written
notice of that designation provided to all counsel within thirty (30) days after
receipt of the information or document containing CONFIDENTIAL information.
Subject to the procedures in paragraph 6, upon such notice the document will be
treated as CONFIDENTIAL within the meaning of this ORDER.
6.

A party may object to the designation of particular CONFIDENTIAL

information by giving written notice to the party designating the disputed
information within thirty (30) days of receipt of the information containing a
CONFIDENTIAL designation. The written notice shall specifically identify the
information to which the objection is made. If the parties cannot resolve the

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objection, it shall be the obligation of the party objecting to the designation of the
information as CONFIDENTIAL to file an appropriate motion requesting that the
Court determine whether the disputed information shall be subject to the terms of
this Protective Order.

The disputed information shall be treated as

CONFIDENTIAL under the terms of this Order until the Court rules on the
motion.

In connection with a motion filed under this provision, the party

designating the information as CONFIDENTIAL shall bear the burden of
establishing good cause exists for the designated information to be treated as
CONFIDENTIAL.
7.

To the extent that any document marked as CONFIDENTIAL is used

in the taking of depositions, all such documents and information shall remain
subject to the provisions of this Order, along with any transcript pages of the
deposition testimony directly dealing with the CONFIDENTIAL document or
information. The court reporter should be informed of this Order and will be
required to operate in a manner consistent with this Order. Additionally, a party
may designate portions of a deposition as CONFIDENTIAL after transcription,
provided written notice of the designation is promptly given to all counsel of
record within thirty (30) days after notice by the court reporter of the completion of
the transcript.

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8.

In the event that a party wishes to use any CONFIDENTIAL

information in any affidavits, briefs, memoranda of law, or other papers filed in
this litigation, the party shall seek to file such CONFIDENTIAL information under
seal with the Court pursuant to any applicable rules. In the event that the Court
denies any request by the party to file CONFIDENTIAL information under seal,
the filing party shall make every reasonable effort to limit the disclosure of
CONFIDENTIAL information (through redaction or otherwise) to only that
information which is necessary to establish the fact or law requiring such
disclosure.
9.

At the conclusion of this case, unless other arrangements are mutually

agreeable, each document and all copies thereof which have been designated as
CONFIDENTIAL shall be returned to the party designating them as
CONFIDENTIAL. The parties may agree to destroy CONFIDENTIAL documents
by way of a mutually agreed-upon procedure. Where the parties agree to destroy
CONFIDENTIAL documents, the destroying party shall provide all parties with an
affidavit confirming the destruction. Pursuant to Section II(F) of the Court’s
Pretrial Order And Case Management Plan, the Court may determine the ultimate
disposition of any materials designated as CONFIDENTIAL, and/or coming with
the scope of this Order on completion of this litigation.

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10.

This Order may be amended by written stipulation of the parties, or by

the Court for good cause shown upon notice to all counsel and an opportunity to be
heard.
11.

This Order is without prejudice to the right of either party to contest

the admissibility, discoverability or privileged status of any document or
information.
AGREED TO BY:
/s/ Glen C. Shults
Attorney for Plaintiff
Law Offices of Glen C. Shults
P.O. Box 18687
Asheville, North Carolina 28814
Telephone: [phone]
Fax: [phone]
E-Mail: [e-mail]

/s/Jonathan W. Yarbrough
Attorney for Defendants
Constangy, Brooks & Smith, LLP
84 Peachtree Road, Suite 230
Asheville, North Carolina
Telephone: [phone]
Fax: [phone]
E-Mail: [e-mail]

/s/ Erin Colleran
Attorney for Eli Lilly & Company
Pepper Hamilton, LLP
Hamilton Square
600 Fourteenth Street, N.W.
Washington, D.C. 2005-2004
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

IT IS SO ORDERED.

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