Yates v. Medical Specialties, Inc.

Filing 71

ORDER granting in the alternative 57 Motion to Compel. Signed by Magistrate Judge David S. Cayer on 5/29/2013. (blf)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:11CV006-MOC-DSC

C. STEVEN YATES,

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Plaintiff,
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v.
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MEDICAL SPECIALTIES, INC.,
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Defendant.
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____________________________________)

ORDER

THIS MATTER is before the Court on the “Defendant’s Motion to Compel Dedesignation of Non-confidential Information Under … or, Alternatively, for Modification of
Protective Order” (document #32) filed April 22, 2013 and the parties’ associated briefs and
exhibits. See documents ## 58, 61, and 62. This Motion has been referred to the undersigned
Magistrate Judge pursuant to 28 U.S.C. §636(b)(1), and is now ripe for the Court’s
consideration.
For the reasons set forth in Defendant’s Motion and briefs, the Motion is granted in the
alternative.
IT IS THEREFORE ORDERED that:
1. The Court modifies the Stipulated Protective Order

(document #22) to allow

Defendant to submit the subject documents to the United States Patent and Trademark Office
(“USPTO”) under the confidentiality procedures set forth within M.P.E.P. § 724.
2. The Clerk is directed to send copies of this Order to counsel for the parties, including
but not limited to moving counsel; and to the Honorable Max O. Cogburn, Jr..
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SO ORDERED.

Signed: May 29, 2013

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