Technology Partners, Inc. et al v. Papaioannou
Filing
22
PROTECTIVE ORDER. Signed by Senior Judge Graham Mullen on 9/15/2015. (eef)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CASE NO. 3:15-cv-00063
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TECHNOLOGY PARTNERS, INC.,
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A North Carolina Corporation, and
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ICR DATA CENTER, LLC, a North
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Carolina Limited Liability Company,
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Plaintiffs, )
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vs.
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IOANNIS PAPAIOANNOU,
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Defendant. )
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PROTECTIVE ORDER
It is hereby ORDERED by the Court that the following restrictions and procedures shall
apply to certain information, documents and excerpts from documents supplied by the parties to
each other in response to discovery requests:
1.
Counsel for any party may designate any document or information contained in a
document as confidential if counsel determines, in good faith, that such designation is necessary
to protect the interests of the client. Information and documents designated by a party as
confidential will be labeled “CONFIDENTIAL – PRODUCED PURSUANT TO PROTECTIVE
ORDER.” “Confidential” information or documents may be referred to collectively as
“confidential information.” In the case of any electronically stored information, either party may
designate confidential information pursuant to this order by either by imprinting the word
“confidential” on any disk or storage medium, or by designating the production as “confidential”
in the transmittal letter.
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2.
Unless otherwise ordered by the Court, or otherwise provided for herein, the
confidential information disclosed will be held and used by the person receiving such information
solely for use in connection with the above-captioned action.
3.
In the event a party challenges another party’s confidential designation, counsel
shall make a good faith effort to resolve the dispute, and in the absence of a resolution, the
challenging party may thereafter seek resolution by the Court. Nothing in this Protective Order
constitutes an admission by any party that confidential information disclosed in this case is relevant
or admissible. Each party specifically reserves the right to object to the use or admissibility of all
confidential information disclosed, in accordance with applicable law.
4.
Information or documents designated as “Confidential” shall not be disclosed to
any person, except:
a.
The requesting party and counsel;
b.
Employees of such counsel assigned to and necessary to assist in the
litigation;
c.
Consultants or experts to the extent deemed necessary by counsel;
d.
Any person from whom testimony is taken or is to be taken, except that such
a person may only be shown confidential information during and in preparation for his/her
testimony and may not retain the confidential information; and
e.
5.
The Court or the jury at trial or as exhibits to motions.
Prior to disclosing or displaying the confidential information to any person, counsel
shall:
a.
Inform the person of the confidential nature of the information or
documents; and
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b.
Inform the person that this Court has enjoined the use of the information or
documents by him/her for any purpose other than this litigation and has enjoined the
disclosure of that information or documents to any other person.
6.
The confidential information may be displayed to and discussed with the persons
identified in Paragraph 4(c) and (d) only on the condition that prior to any such display or
discussion each such person shall be asked to sign an agreement to be bound by this Order in the
form attached as Exhibit A. In the event such person refuses to sign an agreement in the form
attached as Exhibit A, the party desiring to disclose the confidential information may seek
appropriate relief from this Court.
7.
For the purpose of Paragraphs 4(d) and (e) it is understood by the parties that any
documents which become part of an official judicial proceeding or which are filed with the Court
are public documents, and that such documents can and will be sealed by the Court only upon
motion and in accordance with applicable law. This Protective Order does not provide for the
automatic sealing of such documents.
8.
At the conclusion of litigation, the confidential information and any copies thereof
shall be promptly (and in no event later than thirty (30) days after entry of a final judgment no
longer subject to further appeal) returned to the producing party or certified as destroyed. The
ultimate disposition of protected materials shall be subject to a final order of the Court upon
completion of the litigation.
9.
The foregoing is entirely without prejudice to the right of any party to apply to the
Court for any further Protective Order relating to confidential information; or to object to the
production of documents or information; or to apply to the Court for an order compelling
production of documents or information; or for modification of this Order.
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IT IS SO ORDERED.
Signed: September 15, 2015
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EXHIBIT A
I have been informed by counsel that certain documents or information to be disclosed to me in
connection with the matter entitled ____________________________________________ have
been designated as confidential. I have been informed that any such document or information
labeled as “CONFIDENTIAL – PRODUCED PURSUANT TO PROTECTIVE ORDER” are
confidential by Order of the Court. Under penalty of contempt of Court, I hereby agree that I will
not disclose any information contained in such documents to any other person, and I further agree
not to use any such information for any purpose other than this litigation.
DATED: ____________________
____________________________
Signed in the presence of:
____________________________ (Attorney)
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