Griffin v. Harris Teeter Inc

Filing 10

CONSENT PROTECTIVE ORDER. Signed by Magistrate Judge David Keesler on 9/24/2013. (eef)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:13-CV-225

BOBBY W. GRIFFIN,
Plaintiff,
v.
HARRIS TEETER, INC.,
Defendant.

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CONSENT PROTECTIVE ORDER
This matter is before the Court upon joint stipulation of the parties, Bobby W. Griffin
(hereafter “Griffin” or “Plaintiff”) and Defendant Harris Teeter, Inc. (hereafter “Harris Teeter” or
“Defendant”), for a protective order. Pursuant to the consent of the parties, this Protective Order
governing certain records, documents and information should be entered in this matter for the
reason that one or both parties assert that this information is confidential, sensitive and/or
proprietary.
The Parties therefore stipulate that:
1.

“Confidential” as used herein refers to any personnel or business records,

documents, or any other confidential or personnel-related information, however described,
regarding Harris Teeter’s current and/or former employees or job applicants, Harris Teeter’s
business, commercial, proprietary and financial information, its internal policies and procedures,
Plaintiff’s medical records (whether produced by Plaintiff or by Plaintiff’s medical providers in
response to a request and release from Defendant), the parties’ tax records, and any other
confidential agreements or materials the parties may have. Copies of any such information
which a party contends is confidential may be stamped “CONFIDENTIAL” and/or be identified

as “CONFIDENTIAL” or subject to a protective order in response to discovery requests. Such
information shall be designated as CONFIDENTIAL only upon a good faith belief that the
information falls within this definition.
2.

All information in whatever form subject to this Protective Order, shall be used

by the receiving party only in connection with the above-referenced action, Bobby W. Griffin v.
Harris Teeter, Inc., which is pending in the United States District Court for the Western District
of North Carolina, and shall not be used in connection with any other lawsuit or for any other
purpose whatsoever.
3.

All information subject to this Protective Order shall be revealed only as follows:
(a)

To the Court;

(b)

Attorneys of record for the parties in this litigation, in-house counsel for
those parties which are legal entities, insurance adjusters assigned to this
case by an insurance company that may be obligated in whole or in part to
pay for the defense, settlement and/or judgment in this case, and
employees or independent contractors (i.e. contract lawyers, document
imaging and electronic discovery companies, computer forensic
companies, litigation support companies, and others) of such attorneys of
record and/or in-house counsel to whom it is necessary that the
Confidential Material be shown for purposes of this litigation;

(c)

Each party to this case or, where the party is a legal entity, such party’s
representatives;

(d)

To court reporters and/or videographers retained for use in this matter;

(e)

Any deponent (solely for the purposes of his/her deposition or preparation
for that deposition) if such information is reasonably likely to be relevant
to the deposition;

(f)

Any witness if such information is reasonably likely to be relevant to that
witness’s knowledge or subject matter of testimony, but the witness shall
not be able to retain any Confidential Material;

(g)

To law clerks, paralegals, legal assistants, stenographic and clerical
employees of counsel referred to in Paragraph 3(b), who have agreed to
abide by the terms of this Order and who are operating under the direct
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supervision of counsel;
(h)

(i)

To independent experts working on behalf of a party for the purposes of
this litigation who have agreed to abide by the terms of this Order; and

(j)

4.

To any person who is indicated, on the face of a document containing such
information, to be the author or recipient of such document, or who,
during a deposition, is established as knowledgeable of the contents of
such document;

Any person designated as a mediator by Court Order or by agreement of
the parties after such person executes a copy of Acknowledgement A and
agrees to be bound by this Order. Agreement to abide by the terms of this
Order shall be evidenced by compliance with the provisions of Paragraph
4 of this Order.

Each person examining the information subject to this Protective Order, or to

whom any of the contents thereof are disseminated, hereby agrees to be subject to the jurisdiction
of this Court for contempt and any other appropriate proceedings in the event of any violation of
this Order.

No person shall be allowed to disclose, by any means whatsoever, any such

information or any notes arising therefrom until the person to whom disclosure is to be made has:
(a)
(b)

5.

Read this Order in its entirety; and
Signed and dated a copy of this Order signifying his/her agreement to its
provisions and consent to the jurisdiction of the Court over his/her
improper disclosure.

No person who examines any information produced pursuant to this Order shall

disseminate orally, in writing, or by any other means any such information to any other person
not also authorized to examine information under the terms of this Order. Failure to abide by
this provision may lead to sanctions, up to and including dismissal of this lawsuit with prejudice,
or the striking of pleadings.
6.

If original documents are produced for inspection pursuant hereto, the producing

party and its attorneys of record have the right to have a person present in the inspection room at
all times during the inspection of such documents. The original documents produced under the
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terms of this Order shall remain in the custody and control of the producing party at all times.
7.

The production of any information subject to this Protective Order shall not

constitute a waiver of a party’s right to claim in this lawsuit or hereafter that said information is
privileged and/or otherwise non-discoverable or inadmissible as evidence in this lawsuit.
8.

Documents which have been labeled CONFIDENTIAL by either party shall, if

filed as an attachment to any filing in this action via the Court’s ECF system, be filed under seal,
with access limited to parties and attorneys of record in the matter. The parties are granted leave
to file confidential materials under seal for consideration by the Court.
9.

Subject to the Federal Rules of Evidence and any final pretrial filing or order

identifying trial exhibits, confidential information produced pursuant to this Order may be
offered in evidence at trial or any court hearing. Any party may move the Court for an order that
the evidence be received in camera or under other conditions to prevent unnecessary disclosure.
The Court will then determine whether the proffered evidence should continue to be treated as
confidential and, if so, what protection, if any, may be afforded to such information.
10.

At the conclusion of the action, counsel for each party may retain one complete

set of all documents and exhibits which have been produced in the litigation. All other copies of
information produced which has been stamped or otherwise deemed “CONFIDENTIAL”
pursuant to this Protective Order, and all notes arising from the examination of such information,
with the exception of notes made by an attorney for a party which contain the mental
impressions, opinions, conclusions, or legal theories of the attorney, taken by whomever and
whatever form, shall be surrendered to the producing party for destruction at the conclusion of
the final proceedings of this lawsuit. All such information in the possession of counsel shall be
either returned to the producing party or destroyed by counsel, at his or her option, within 10

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days of receiving written request from a party for such information. Nothing in this Order shall
prevent counsel for each party from retaining a complete record of the action for their files.
11.

All information designated as confidential shall retain that designation and shall

remain subject to this Order until such time, if ever, as the Court renders a decision that any
challenged information shall not be covered by the terms of this Order and all proceedings and
appeals challenging such decision have been concluded.
12.

This Order shall create the same legal rights and obligations as an Order entered

by the Court.
13.

The ultimate disposition of protected materials are subject to a final order of the

Court on the completion of this litigation.
Agreed and Stipulated to this 20th day of September, 2013.
s/Kirk J. Angel
N.C. Bar No. 33559
Attorney for Plaintiff
THE ANGEL LAW FIRM, PLLC
109 Church Street N
P.O. Box 1296
Concord, NC 28026
Telephone: [phone]
Facsimile: 704.973.7859
E-mail: [e-mail]

s/Kelly S. Hughes
N.C. Bar No. 33439
Attorney for Defendant
OGLETREE, DEAKINS, NASH,
SMOAK & STEWART, P.C.
201 South College Street, Suite 2300
Charlotte, NC 28244
Telephone: [phone]
Fax: [phone]
E-Mail: [e-mail]

IT IS SO ORDERED.
Signed: September 24, 2013

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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
BOBBY W. GRIFFIN,
Plaintiff,
v.
HARRIS TEETER, INC.,
Defendant.

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) Civil Action No. 3:13-cv-225
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ACKNOWLEDGMENT A
TO
CONSENT PROTECTIVE ORDER
The undersigned hereby acknowledges that he or she has read the Consent Protective
Order entered in the above captioned action, understands the terms thereof, and agrees to be
bound by such terms. The undersigned submits to the jurisdiction of the United States District
Court for the Western District of North Carolina in matters relating to the Consent Protective
Order and understands that the terms of said Order obligate him/her to use discovery materials
designated CONFIDENTIAL solely for the purposes of the above-captioned action, and not to
disclose any such confidential information to any other person, firm or concern.
The undersigned acknowledges that violation of the Consent Protective Order may result
in penalties for contempt of court.
Name:
Job Title:
Employer:
Business Address:

Date:
Signature