Johnson v. Wal-Mart Stores East, L.P.
Filing
33
PROTECTIVE ORDER. Signed by Magistrate Judge David Keesler on 9/26/11. (gpb)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:10-CV-659-MOC-DCK
SYLVESTER C. JOHNSON,
Plaintiff,
vs.
PROTECTIVE ORDER
WAL-MART STORES, EAST, L.P.,
Defendant.
Upon Defendant Wal-Mart Stores, East, L.P.’s (“Defendant”) Motion for Protective Order,
and pursuant to Fed. R. Civ. P. 26, IT IS HEREBY ORDERED:
1.
This Protective Order shall be entered pursuant to the Federal Rules of Civil
Procedure.
2.
This Protective Order shall govern all materials deemed to be “Confidential
Information.” Such Confidential Information shall include the following:
(a)
Any and all documents referring or related to confidential and proprietary human
resources or business information; financial records of the parties; compensation of
Defendant’s current or former personnel; policies, procedures and/or training
materials of Defendant; and/or Defendant’s organizational structure;
(b)
Any documents from the personnel, medical or workers’ compensation file of any
current or former employee or contractor;
(c)
Any documents relating to the medical and/or health information of any of
Defendant’s current or former employees or contractors;
(d)
Any portions of depositions (audio or video) where Confidential Information is
disclosed or used as exhibits.
3.
In the case of documents and the information contained therein, designation of
Confidential Information produced shall be made by placing the following legend on the face of the
document and each page so designated “CONFIDENTIAL” or otherwise expressly identified as
confidential. Defendant will use its best efforts to limit the number of documents designated
Confidential Information.
4.
Confidential Information shall be held in confidence by each qualified recipient to
whom it is disclosed, shall be used only for purposes of this action, shall not be used for any
business purpose, and shall not be disclosed to any person who is not a qualified recipient. All
Confidential Information produced shall be carefully maintained so as to preclude access by persons
who are not qualified recipients.
5.
Qualified recipients shall include only the following:
(a)
In-house counsel and law firms for each party and the secretarial, clerical and
paralegal staff of each;
(b)
Deposition notaries and staff;
(c)
Persons other than legal counsel who have been retained or specially
employed by a party as an expert witness for purposes of this lawsuit or to
perform investigative work or fact research;
(d)
Deponents during the course of their depositions or potential witnesses of
this case; and
(e)
The parties to this litigation, their officers and professional employees.
6.
Each counsel shall be responsible for providing notice of the Protective Order and
the terms therein to persons to whom they disclose “Confidential Information,” as defined by the
terms of the Protective Order.
Persons to whom Confidential Information is shown shall be informed of the terms of this
Order and advised that its breach may be punished or sanctioned as contempt of the Court. Such
deponents may be shown Confidential Information during their deposition but shall not be permitted
to keep copies of said Confidential Information nor any portion of the deposition transcript
reflecting the Confidential Information.
If either party objects to the claims that information should be deemed Confidential, that
party’s counsel shall inform opposing counsel in writing within thirty (30) days of receipt of the
Confidential Information that the information should not be so deemed, and the parties shall attempt
first to dispose of such disputes in good faith and on an informal basis. If the parties are unable to
resolve their dispute, they may present a motion to the Court objecting to such status. The
information shall continue to have Confidential status during the pendency of any such motion.
7.
No copies of Confidential Information shall be made except by or on behalf of
attorneys of record, in-house counsel or the parties in this action. Any person making copies of such
information shall maintain all copies within their possession or the possession of those entitled to
access to such information under the Protective Order.
8.
All information produced in this action, whether deemed Confidential or not, shall
be used only for purposes of this litigation and not for any other purpose.
9.
The termination of this action shall not relieve the parties and persons obligated
hereunder from their responsibility to maintain the confidentiality of information designated
confidential pursuant to this Order.
10.
Upon termination of this action by entry of a final judgment (inclusive of any appeals
or petitions for review), the parties may request the return of all previously furnished Confidential
Information, including any copies thereof, and each person or party to whom such Confidential
Information has been furnished or produced shall be obligated to return it within thirty (30) days of
said request.
11.
Nothing in this Order shall be construed as an admission as to the relevance,
authenticity, foundation or admissibility of any document, material, transcript, or other information.
12.
Nothing in the Protective Order shall be deemed to preclude any party from seeking
and obtaining, on an appropriate showing, a modification of this Order.
13.
The Clerk of Court will electronically transmit an executed copy of the Protective
Order to all counsel of record.
Signed: September 26, 2011
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