Kinser v. United Methodist Agency for the Retarded
Filing
14
CONSENT PROTECTIVE ORDER. Signed by Magistrate Judge David Keesler on 12/10/2013. (tmg) (Main Document 14 replaced on 12/10/2013) (tmg).
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CASE NO. 3:13-CV-175-RJC-DCK
BOBBY J. KINSER,
)
)
Plaintiff,
)
)
) CONSENT PROTECTIVE ORDER
v.
UNITED METHODIST AGENCY )
FOR THE RETARDED – WESTERN)
NORTH CAROLINA, INC.,
)
d/b/a UMAR
)
)
)
Defendant.
_________________________ )
The parties hereto having consented through their respective attorneys to the entry of
this Consent Protective Order in order to protect the confidentiality of certain information
and to facilitate discovery, IT IS HEREBY ORDERED THAT:
1.
This Order
shall govern
all documents
produced
by Plaintiff
and
Defendant United Methodist Agency for the Retarded - Western North Carolina,
Inc., d/b/a UMAR (hereinafter "UMAR") in this action. Furthermore, this Order shall
govern all information derived from such documents and copies, excerpts or summaries
thereof.
2. .
The following documents shall be designated as confidential:
(a)
Plaintiffs federal and state income tax returns;
(b)
Any documents from the personnel, employment, medical or payroll
file of any employee or former employee of UMAR, including, but not
limited to, wage and salary information and other compensation
documents.
(c)
UMAR's trade secrets, confidential and/or proprietary business/employer
information;
(d)
Confidential and/or proprietary business/employer information related to
UMAR's Board of Directors.
(e)
Any other documents which a party in good faith designates as
"Confidential".
3.
Such confidential documents shall be used solely for the purpose of this action,
shall not be used for any other business, competitive or other purpose and shall not be disclosed to
any other person or third party other than:
(a)
Counsel for the parties in the above-captioned action, including employees of
such counsel to the extent necessary to render professional services in the
above-captioned action;
(b)
Plaintiff, but only as set forth in Paragraph 4 below;
(c)
The Court, persons employed by the Court working on this litigation, and
jurors or prospective jurors;
(d)
Court reporters at the proceedings in this action;
(e)
Experts or consultants retained or consulted by the parties, but only as
set forth in Paragraph 4 below; and
(f)
Deponents, trial witnesses, potential fact
witnesses, and potential
deposition witnesses, but only as set forth in Paragraph 4 below.
(g)
Officers and employees of Defendant who provide material assistance to
the legal representation of Defendant in this action.
4.
Prior to making such disclosure of any confidential documents or information
pursuant to Paragraph 3, counsel for the parties in this action shall inform any person to whom
disclosure is being made that the information or documents, or any portions thereof: may only be
used for the purpose set forth in this Consent Protective Order. Additionally, each person to whom
disclosure of confidential documents and information is permitted shall be shown a copy of this Order
and shall be specifically advised by counsel that this Order applies to, and is binding upon such
individual. Additionally, prior to the disclosure of any confidential information or documents,
any person to whom disclosure is being made shall be required to sign the acknowledgment known as
"Exhibit A".
5.
Within thirty (30) days of the conclusion of this matter, each party shall return the
documents designated as confidential or destroy said documents. If requested, counsel for each
party shall furnish a certificate of compliance that all documents designated as confidential have
been returned or destroyed.
6.
Nothing in this Order shall prevent a party from any use of his or her own
confidential documents.
7.
The inadvertent or unintentional disclosure of any confidential information shall
not be construed to be a waiver, in whole or part, of Plaintiff's or Defendant's claims of
confidentiality, either as to the specific confidential information disclosed or as to other
related information.
8.
Before seeking relief from the Court due to an alleged violation of this Order, the
party seeking relief will attempt to resolve the matter by agreement with the other party.
9.
The terms of this Order are subject to modification, extension, or limitation as
may be hereinafter agreed to by all parties or by Order of the Court.
10.
The ultimate disposition of protected materials shall be subject to a final Order of
the Court upon completion of the litigation.
IT IS SO ORDERED.
Signed: December 10, 2013
Todd J. Combs
N.C. State Bar No. 23381
Combs Law, PLLC
108 Gateway Blvd., Suite 206
Mooresville, NC 28117
Telephone: 704-799-2662
Facsimile: 888-254-0111
E-mail: todd@combslaw.org
N.C. State Bar No. 22573
Attorney for Defendant
Nexsen Pruet, PLLC
227 West Trade Street, Suite 1550
Charlotte, NC 28202
Telephone: 704-339-0304
Facsimile: 704-805-4730
E-mail: jcole@nexsenpruet.com
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