King v. Ingersoll-Rand Company et al
Joint Consent Protective Order. Signed by Magistrate Judge David Keesler on 7/30/12. (com)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CIVIL ACTION NO. 3:12-CV-027-MOC-DCK
INGERSOLL-RAND COMPANY and
ADECCO USA, INC.,
The parties move the Court pursuant to Federal Rule of Civil Procedure 26(c) for entry of
this consent Protective Order to expedite the flow of discovery materials, facilitate the prompt
resolution of discovery disputes and disputes concerning confidentiality, protect certain materials
designated as confidential (“confidential materials”), and ensure that protection is afforded only
to material so designated.
IT IS HEREBY ORDERED THAT:
General Scope of the Agreement: This Consent Protective Order shall govern
certain documents and other material produced in response to any discovery request or other
request for information by Plaintiff and Defendant in this action, all information contained
therein, and all copies, excerpts or summaries thereof, specifically including, but not limited to,
answers to requests for admissions, answers to interrogatories, responses to requests for
production of documents and documents produced in accordance therewith, documents
subpoenaed in connection with depositions and any deposition transcript or portion thereof as to
which protection is sought in accordance with this Agreement. The following documents and/or
information may be designated as “Confidential” pursuant to this Order: (a) medical records or
other health-related information; (b) personal information about Defendant’s employees,
including but not limited to: social security numbers, tax information, personnel records, and
health insurance information; and (c) confidential or proprietary business and personal
information, including but not limited to, income tax returns, balance sheets, profit and loss
Designation as Confidential. Any party producing or furnishing information of
any nature to another party, to the Court, or at a deposition in connection with this litigation,
may designate as “Confidential,” in accordance with the procedures set forth herein, any such
information, document or part hereof, interrogatory answer, response to request for admissions,
deposition testimony, excerpts and summaries of such information, or other materials as set forth
in Paragraph 1 of this Agreement. Such designation shall be made at the time the information is
produced or furnished, or at a later time as provided herein.
Procedure for Designating Information as Confidential. Parties may designate
confidential materials in the following manner:
In the case of documents or other written materials, by affixing to each
page of every such document, at the time of production, the word “Confidential” by stamp or
other method which will make the word conspicuous;
In the case of answers to interrogatories, designation shall be made by
placing the word “Confidential” adjacent to or at the end of any answer deemed to contain
confidential information. Alternately, answers deemed to contain confidential information may
be bound separately and marked with the word “Confidential”;
In the case of depositions or other pretrial testimony in this action by the
parties or any of their officers or employees, by a statement to that effect on the record by
counsel for the party who claims that confidential material is about to be or has been disclosed.
Unless the parties intend to designate all of the information contained within a particular
document or deposition testimony as confidential material, counsel for that party should indicate
in a clear fashion the portion of the document or testimony which is intended to be designated as
Restricted Use of Information.
paragraphs 1 through 3 of this Order shall be used solely for the purposes of this action and shall
not be disclosed to any person except the following individuals:
the Court (including the Clerk’s office, stenographic reporters and
videographers, engaged in such proceedings as are necessary to the preparation for trial and trial
of this action);
counsel for the parties, their staff members, their professional and
any experts or service contractors (i.e., court reporters or outside
photocopying or imaging services) associated by the parties regarding this action;
the parties to this litigation, including Lance King and officers or
managers of a party who have a need to know the information for purposes of this litigation; or
Deponents may be shown Confidential Information in preparation
for their deposition and 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
by mutual consent.
Documents produced pursuant to this Order shall not be used for any
purpose other than evidence in this litigation and may not be disclosed under any circumstances
to anyone not connected with this action as a party, witness, counsel, consultant, staff person or
Acknowledgment of Agreement. All persons to whom confidential material is
disclosed pursuant to paragraph 4 of this Order shall be bound by this Order. It shall be the
responsibility of counsel for each party to this action to insure that persons authorized to receive
confidential material pursuant to Paragraph 4 of this Order have knowledge of the terms of this
Order and agree to be bound by them. Any person other than Plaintiff and employees of
Plaintiff, counsel of record, employees of counsel of record, the court and its personnel, and
court reporters and their staff must execute the form attached hereto as Exhibit A prior to the
disclosure of confidential materials. Any persons breaching the provisions of this Order are
subject to the contempt powers of this Court.
Inadvertent Disclosure. In the event a party inadvertently produces materials
which should have been, but were not, marked “Confidential,” the party may designate such
materials as “Confidential” by notifying counsel of the error and producing the documents again,
with the “Confidential” designation, within 20 days of discovery of the inadvertent production.
The parties will then treat these documents as if they had been marked “Confidential” when they
were first produced.
Use of Confidential Materials in this Case. Nothing in this Agreement shall
prevent or impair the use by a party of confidential materials as set forth in paragraphs 1 through
3 of this Agreement in proceedings in this litigation, including motion papers, affidavits, briefs,
other papers and depositions filed with the Court or at any deposition, or hearing, conference, or
trial before the Court so long as confidentiality of such information is protected as provided
Acceptance by a party of any information,
document or thing identified as “Confidential” pursuant to this Order shall not constitute a
concession that the information, document or thing is confidential material. Counsel for the
parties shall serve written notice of any objections to specific designations upon the other party
within twenty (20) days of receipt of such information, documents or things. Counsel shall first
attempt to resolve any disputes of confidentiality between themselves. If Counsel are unable to
agree on any such issue, counsel seeking protection of a document must bring the issue before
the Court within twenty (20) days of receipt of any written notice of any objections. No
disclosure of such information shall occur pending resolution of any dispute under this
Right to Object. Notwithstanding the foregoing provisions, this Order shall not
prejudice the right of any party to object to discovery on other grounds. Any party may, upon
reasonable notice to the opposing party’s counsel, move for an order relieving it of the
provisions of this Order for good cause shown. All parties retain the right to apply to the Court
for an order affording additional protection to confidential material as the circumstances may
warrant. Nothing contained herein shall prevent a party from seeking modification to this Order.
Nothing contained herein shall prevent a party from disclosing, revealing
or using any documents, material or other information which is already lawfully in the
possession of that party or which that party lawfully obtains from any source other than the
opposing party, and this Order shall not otherwise apply to such documents, material or other
information, except that either party may designate as Confidential any medical records received
in discovery in this matter.
Nothing in this document shall prevent any party from producing any
document or information in his, her, or its possession in response to a lawful subpoena or other
compulsory process, provided that notice shall be given to the other party prior to the date that
the party subpoenaed is required to respond to the subpoena or other compulsory process in
which materials designated confidential are sought.
Return of Confidential Information. All confidential material shall be returned to
the producing party within ninety (90) days of the conclusion of this civil lawsuit, including
conclusion of any appeal.
Modification of the Agreement. In the event of further proceedings in this action,
if any of the parties hereto believe that this Agreement unreasonably impedes discovery to a
party or the use of information discovered from a party for purposes of this litigation, or provides
insufficient protection regarding discovery materials produced by a party, such party may serve
notice upon the parties and request the Court modify his Agreement.
Protection of Copies.
All copies, extracts or summaries prepared from
confidential materials produced hereunder shall be subject to the same terms of this Agreement
as the confidential material from which such copies, extracts, or summaries were prepared, if
Notices. Notice required under this Agreement shall be in writing and provided
to the attorneys for the parties listed below. Notice to the parties shall be adequate if given
solely to the parties’ counsel of record.
Effective Date. This Agreement shall be effective immediately and shall survive
the conclusion of this lawsuit.
It is so ORDERED.
Signed: July 30, 2012
Agreement concerning material covered by a Protective
Order entered in the United States District Court
for the Western District of North Carolina.
The undersigned hereby acknowledges that she/he has read the Protective Order entered
by the Court dated __________________, 2012, in the civil action entitled Lance King v.
Ingersoll-Rand Company and Adecco USA, Inc., C.A. 3:12-cv-00027-MOC-DCK, understands
the terms thereof, and agrees to be bound by such terms. The undersigned hereby acknowledges
that she/he is subject to the jurisdiction of the United States District Court for the Western
District of North Carolina with regard to this protective order and understands (1) the violation
of the Stipulated Consent Protective Order shall subject the offender to such penalties, damages
and other relief as may be permitted by law, and (2) that the jurisdiction of the Court regarding
this Order survives any settlement, discontinuance, dismissal, judgment, or other disposition of
AGREED this 27thth day of July, 2012.
JACKSON LEWIS, LLP
BY: /s/ Allison E. Serafin
TED N. KAZAGLIS
N.C. Bar No. 36452
ALLISON E. SERAFIN
N.C. Bar No. 31777
1400 Crescent Green, Suite 215
Cary, North Carolina 27518
Telephone: (919) 424-8600
Facsimile: (919) 854-0908
Attorneys for Defendant Adecco USA, Inc.
FISHER & PHILLIPS LLP
/s/ J. Michael Honeycutt
J. Michael Honeycutt
N. C. State Bar No. 33437
Fisher & Phillips LLP
227 West Trade Street, Suite 2020
Charlotte, NC 28202
Attorney for Ingersoll-Rand Company
FOSBINDER LAW OFFICE
/s/ Julie H. Fosbinder
Julie H. Fosbinder, Esq.
N. C. State Bar No. 19400
Fosbinder Law Office
501 East Morehead Street, Suite 1
Charlotte, NC 28202
Attorney for Plaintiff
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