Griffin v. TBC Retail Group, Inc.

Filing 12

PROTECTIVE ORDER. Signed by Magistrate Judge David Keesler on 2/26/13. (bsw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION FILE NO. 3:12-CV-433-RJC-DCK

BRIAN L. GRIFFIN,
Plaintiff
v.
TBC RETAIL GROUP, INC., D/B/A
TIRE KINGDOM, INC.,
Defendant

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STIPULATED PROTECTIVE ORDER

To expedite the flow of discovery in this proceeding in a manner consistent with the need
to protect the confidentiality of certain elements of that discovery, it is hereby stipulated by
Plaintiff Brian L. Griffin ("Griffin") and TBC Retail Group, Inc. d/b/a Tire Kingdom, Inc.
("TBC") (collectively, the "Parties") and ordered by the Court pursuant to Rule 26 of the Federal
Rules of Civil Procedure:
1.

All documents and/or other information that the Parties produce or information

that the Parties disclose through deposition or in response to a subpoena or written discovery and
in good faith specifically designated as "CONFIDENTIAL" (hereinafter "Confidential
Information") shall be protected from public disclosure as provided herein. Such Confidential
Information shall include, but not be limited to, financial information such as tax returns and
medical records of Plaintiff.
2.

Any document to be designated as "CONFIDENTIAL" may be so designated by

stamping the document with the legend "CONFIDENTIAL" prior to its production. No Party
shall designate any document as "CONFIDENTIAL" unless it has a bona fide good faith basis to
do so. In the event of a dispute, the Party claiming that a document constitutes Confidential

Information shall have the burden of demonstrating that the document constitutes Confidential
Information.
3.

The Parties may also designate the deposition testimony of any witness or any

reasonable portion thereof as Confidential Information, and such deposition testimony shall be
covered by this Protective Order, by advising the court reporter and all the Parties to such fact on
the record during the deposition or in writing within fifteen (15) days of the receipt of the
transcript in either electronic or printed form from the court reporter, whether or not signed by
the deponent.
4.

The Parties shall use all Confidential Information produced and disclosed to the

Parties solely for the purpose of preparation for discovery, the contested case, and appeals related
to the case unless another use is specifically agreed upon by the Parties or authorized by the
Court. The Parties may not disclose any Confidential Information to anyone except as provided
in Paragraph 5.
5.

The Parties may not disclose Confidential Information except to:
a.

The Court and Court personnel who have a need to read, review, or file

Confidential Information;
b.

Legal counsel and office personnel who have a need to read or review

such Confidential Information;
c.

Individuals who any Party reasonably and in good faith believes may be

witness in this litigation, but only to the extent such Confidential Information pertains to that
individual or is relevant to his or her possible testimony;
d.

Experts of any kind, to the extent such persons have been advised of and

have agreed to the terms of this Order; and,

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e.

Public agencies, including law enforcement agencies and officials, to the

extent such persons have been advised of and have agreed to the terms of this Protective Order.
Before disclosing any Confidential Information to a witness, the Parties shall be
responsible for ensuring that the witness reads this Protective Order and shall explain the
contents of the Protective Order to the witness who shall be bound by the terms of this Protective
Order.

The Parties shall obtain from the individual to whom Confidential Information is

disclosed a written acknowledgement in the form attached hereto as "Exhibit A" signed by the
individual providing that the individual will use the Confidential Information solely for purpose
of this litigation, will not disclose the Confidential Information except as authorized herein, and
will return all such Confidential Information to the disclosing Party or destroy it within sixty (60)
days of the conclusion of this litigation. The original of the signed statement shall be maintained
in the possession of the disclosing Party and a listing of any individual(s) to whom Confidential
Information has been provided will be provided by the disclosing Party upon request.
6.

Prior to the trial, the Court shall establish procedures for the use of Confidential

Information at the trial of this matter.
7.

The Parties shall not be obligated to challenge the propriety of a designation of

Confidential Information at the time such designation is made, and a failure to provide any such
challenge shall not preclude a subsequent challenge to such designation. The Parties may move
the Court, upon notice, to remove or challenge the designation of Confidential Information with
respect to any specified document, testimony, or any other thing or any portion thereof. The
Parties shall attempt to resolve in good faith any dispute about the confidentiality of information
or its use before seeking resolution by the Court. The designation of confidentiality shall not be

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read as a stipulation or agreement by any Party as to the admissibility or nature of any particular
evidence at trial.
8.

Within sixty (60) days after the conclusion of this action and all appeals, whether

by settlement, dismissal, or final judgment, all Confidential Information shall be returned to the
originating Party or destroyed in an appropriate manner.

One copy shall be kept by the

designating Party for four (4) years. Provided, however, it is understood that the parties’
counsel may keep copies of the confidential information pursuant to the State Bar rules for
retention of records and consistent with any requirements of liability carriers.
9.

Confidential Information developed, revealed by, or included in any discovery

proceedings, formal or informal, whether in the form of deposition transcripts, interrogatory
answers, or document production need not be filed except when required in connection with
matters pending before this Court.

If documents containing, summarizing, or referring to

Confidential Information are filed, they shall be filed under seal.
10.

The Parties shall be responsible for the security of documents and information

provided to them and subject to this Protective Order.
11.

This Protective Order shall continue to be binding after the conclusion of the

litigation, and this Court reserves jurisdiction over all persons to whom such information was
disclosed for purposes of enforcing it.
12.

In the event that circumstances change or the terms of confidentiality are not

sufficient, any Party may seek an amendment to this Protective Order. The Parties shall attempt
to resolve in good faith any proposed amendment to the Protective Order pertaining to the
treatment and/or the confidentiality of information, or its use, in an attempt to reach a
compromise before seeking a formal resolution by the Court.

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Signed: February 26, 2013

CONSENTED AND AGREED TO:

s/s Hayley R. Wells
Jeremy R. Sayre
N.C. State Bar I.D. No.: 32164
email: [e-mail]
Hayley R. Wells
N.C. State Bar I.D. No.: 38465
email: [e-mail]
For the firm of
Ward and Smith, P.A.
Post Office Box 2020
Asheville, NC 28802-2020
Telephone: [phone]
Facsimile: 828.348.6077
Attorneys for Defendant

s/s Geraldine Sumter
N.C. State Bar I.D. No.: 11107
email: [e-mail]
For the firm of
Ferguson Stein Chambers
Gresham & Sumter, P.A.
741 Kenilworth Avenue, Suite 300
Charlotte, NC 28204
Telephone: [phone]
Facsimile: 704.334.5654
Attorneys for Plaintiff

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"EXHIBIT A"
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION FILE NO. 3:12-cv-00433
BRIAN L. GRIFFIN,
Plaintiff
v.
TBC RETAIL GROUP, INC., D/B/A
TIRE KINGDOM, INC.,
Defendant

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ACKNOWLEDGEMENT CONCERNING
MATERIAL COVERED BY
PROTECTIVE ORDER

I, the undersigned, hereby acknowledge that I have read the attached Protective Order
entered in the above-captioned case and understand the terms thereof and agree to be bound by
all such terms. Without limiting the generality of the foregoing, I agree not to copy, disclose to,
or discuss with any person or entity not authorized to receive Confidential Information pursuant
to the terms of said Protective Order, any documents or any information designated as
Confidential Information or any copies or extracts of information derived therefrom which has
been disclosed to me. I further agree to use any information disclosed to me in connection with
the case solely for the purpose permitted under said Protective Order, and to return any
Confidential Information to the producing Party or destroy it within sixty (60) days of the
conclusion of this litigation. I understand that the use of any Confidential Information or
document in any manner contrary to the provisions of this Protective Order may subject me to
sanctions by the Court and that I am subject to the jurisdiction of United States District Court for
the Western District of North Carolina, for the purpose of enforcing said Protective Order.

This the ___ day of ______________________, 20___.

_____________________________________________
(Signature)
_____________________________________________
(Print Name)

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