Maney v. Southern Credit Adjusters, Inc.

Filing 19

STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Dennis Howell on 11/19/13. (ejb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:13cv99
CARLTON MANEY,

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Plaintiff,
v.
SOUTHERN CREDIT ADJUSTERS,
INC.
Defendant.

ORDER

STIPULATED ORDER - CONFIDENTIALITY AGREEMENT
The parties have advised the Court that they anticipate discovery and
production of documents which may be the proper subject of non-disclosure under
Rule 26(c)(1)(G) of the Federal Rules of Civil Procedure. In order to assist in the
timely completion of discovery, the Court GRANTS the parties’ motion [# 18] and
enters this Order governing the procedure for seeking the protections under Rule
26(c)(1)(G).
1. Confidentiality as a Basis of Non-Disclosure.
Having provided the parties a mechanism for the protection of documents of
information of a confidential nature, the parties may not assert the confidential
nature or trade secret status of documents as a basis of non-disclosures except as
provided in this order.
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2. Designation of Confidentiality.
A party responding to requests for production or interrogatories may
designate the responsive information to that discovery as confidential (hereafter
referred to as “information designated as confidential”). That party shall make the
designation by producing the information and affixing a stamp conspicuously
designating the information as “CONFIDENTIAL.”
3. Protection of Information Designated as Confidential.
Any information designated as confidential shall be protected as confidential
under the terms of this Order until such time as 1) the Court rules on the
designation pursuant to a motion by designating party, 2) the designating party
waives the objection expressly or by failure to file a timely motion for a protective
order, 3) the documents are submitted to the Court in connection with a dispositive
motion, or 4) the documents are submitted at trial of this matter.
If any information which is protected as confidential is submitted in
connection with a dispositive motion or at trial pursuant to this Order, the
information ceases to be protected as confidential, but any party may move to seal
the Court’s record and proceedings under the applicable law as provided below.

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Any information which is protected as confidential may not be used outside
this case and may only be used in this litigation. Information protected as
confidential may only be disclosed to:
a.

Other attorneys appearing in this case.

b.

Other parties to this case.

c.

Staff, office personnel, consulting attorneys, experts, and consulting
experts associated with the attorneys appearing in this case.

d.

Witnesses.

e.

Deponents.

Upon termination of this action, including any appeals therefore, within
thirty (30) days of a written request, the parties shall return all copies of
information designated as confidential to the issuing parties or represent that all
copies have been destroyed.
4. Objections to the Designation of Confidentiality.
Within 14 days of receiving information designated as confidential, the
receiving party must either object to the designation, or else waive any objection to
the designation. A party who wishes to object to the designation shall within that
14 day period, serve objections to the designation and request in writing a
conference to resolve the designation. The party asserting the designation is
responsible for making good faith efforts to arrange that conference. If the parties
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cannot resolve the objections to the designation, the party asserting the designation
of confidentiality shall move within 14 days of receiving the objections, for a
protective order under Rule 26(c)(1)(G). The failure to move for a protective order
within that 14 day period waives the designation.
5. Order Binding on Signatories
The parties signing this order are bound to its terms. Those parties to the
case who have not signed may not receive copies of confidential information
pursuant to this order. Nor shall copies of such copies be provided to them by any
other party.
6. Use of Confidential Materials in Dispositive Motions and At Trial
A party who intends to use any information which is protected as
confidential in connection with a dispositive motion or response to a dispositive
motion must provide notice of that intent 7 days before submitting any such
information to the court, and identify the specific information which that party
intends to submit. A party receiving such notice may within that 7 days move to
seal the record and proceedings under applicable standards. The failure to provide
that notice by a party seeking to use information waives the right to use such
information in connection with a dispositive motion and any portions of any court
document which contain such information may be stricken.

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A party who intends to use any information which is designated as
confidential in connection with a trial must identify the document in the joint final
pretrial order, along with a separate list of the information which is protected as
confidential which that party will seek to submit. A party receiving such a list may
within that 7 days move to seal the record and proceedings under applicable
standards.
If a motion to seal the record and proceedings is filed, the party seeking to
use the information protected as confidential shall file all documents containing
that information under seal and those documents shall remain under seal and the
proceedings shall remain under seal until such time as the Court rules on the
motion.
Signed: November 19, 2013

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STIPULATED BY:
BEDARD LAW GROUP, P.C.

RUTH ALLEN LAW, PLLC

/s/ Jonathan K. Aust
Jonathan K. Aust
N.C. Bar No. 39507
2810 Peachtree Industrial Blvd.
Suite D
Duluth, Georgia 30097
Telephone: [phone], ext. 203
Facsimile: [phone]
[e-mail]

/s/ Ruth M. Allen
Ruth M. Allen
N.C. Bar No. 34736
(signed with express permission by
Jonathan K. Aust)
7413 Six Forks Road, Suite 326
Raleigh, North Carolina 27615
Telephone: [phone], Ext. 5536
Facsimile: [phone]
[e-mail]

Counsel for Defendant
Of Counsel To:
Sergei Lemberg, Esq.
Lemberg & Associates, LLC
1100 Summer Street, 3rd Floor
Stamford, CT 06905
Telephone: [phone]
Facsimile: [phone]
Counsel for Plaintiff

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