Norman v. Home Depot USA Inc.
Filing
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PROTECTIVE ORDER. Signed by Senior Judge Graham Mullen on 7/15/16. (mga)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
LEWIS NORMAN,
Plaintiff,
v.
HOME DEPOT U.S.A., INC.,
Defendant.
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Civil Action No. 3:15-cv-438-GCM
PROTECTIVE ORDER
To adequately protect material entitled to be kept confidential, expedite the flow of
discovery and facilitate the prompt resolution of disputes over confidentiality, it is
HEREBY ORDERED that:
1.
Documents or information produced or provided by the parties during the
course of discovery in the above-styled matter may be designated as “Confidential
Information” so long as the party who seeks confidentiality has a good faith belief that such
document or information is entitled to confidentiality under the terms of this Order.
2.
For purposes of this Order, “Confidential Information” means (a) any
personnel or personal information for employees of defendant Home Depot U.S.A., Inc.
(“Home Depot”), its parent or subsidiaries, including any personnel database identifying
such employees, (b) any document or information designated as confidential in accordance
with paragraph 6 of this Order, and (c) any aggregation of Confidential Information. The
identification of an individual document or category of documents or information as
Confidential Information under paragraphs 2(b) or 2(c) may be challenged pursuant to
paragraph 10 of this Order.
3.
For purposes of this Order, “Document” means all written, recorded, or
graphic material, in hard copy or electronic format, including but not limited to deposition
transcripts and exhibits, trial and hearing transcripts and exhibits, pleadings, motions,
affidavits, and briefs that may quote, summarize, or contain Confidential Information.
4.
For purposes of this Order, “Producing Party” means a party that produces
Confidential Information or other information in connection with this litigation.
5.
For purposes of this Order, “Recipient” means a named party in this litigation
(or counsel thereto and their agents) who receives Confidential Information or other
information in connection with the litigation.
6.
The Producing Party may designate as Confidential Information any
information it believes to be confidential, including, without limitation, (i) non-public
information about a past, present or potential employee of Home Depot or a subsidiary,
including personnel records, evaluations, investigations, compensation levels, databases,
surveys, statistical analyses, analyses of personnel practices, reports or complaints,
responses to reports or complaints, or other information incorporating or aggregating
information pertaining to individuals, and (ii) trade secrets or other non-public proprietary,
strategic or commercial information, data or research of Home Depot or one or more of its
subsidiaries. To designate Confidential Information on Documents, the Producing Party
shall place a legend or stamp upon the Document indicating such in a way that brings the
designation to the attention of a reasonable examiner, or otherwise puts the Recipient on
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reasonable notice that it contains Confidential Information. To designate Confidential
Information in testimony (or in exhibits referred to therein), the Producing Party shall (a)
make an oral statement to that effect on the record, or (b) notify the Recipient in writing at
any time up until twenty (20) days after receipt of the transcript.
7.
The Recipient of Confidential Information shall use that information solely
in connection with this litigation, and shall not disclose Confidential Information to any
person except:
a)
b)
The Court and its officers (including court reporters);
c)
Counsel of record in this action and employees of counsel in this
action who have been actively engaged in the conduct of this
litigation;
d)
Home Depot’s or its subsidiaries’ or affiliates’ in-house counsel;
e)
Experts or litigation consultants engaged by counsel to assist in this
litigation, provided that these expert witnesses or litigation
consultants expressly agree to be bound by the terms of this Order
and not to disclose Confidential Information except as permitted
herein;
f)
Fact witnesses providing testimony by deposition or at any court
proceeding in this case but only in accordance with the procedures
set forth in paragraph 8 of this Order; and
g)
8.
Named plaintiff, in accordance with the procedures set forth in
paragraph 8 of this Order;
Plaintiff’s wife, Celeste Norman, in accordance with the procedures
set forth in paragraph 8 of this Order.
The Recipient of Confidential Information shall disclose such information to
persons set forth in paragraphs 7(a), 7(f), and 7(g) of this Order only under the conditions
set forth below:
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a)
b)
Any person who receives Confidential Information pursuant to
paragraphs 7(a), 7(f) or 7(g), shall execute an Agreement in the form
attached hereto (see attached “Declaration of Compliance”). Each
original, executed Agreement shall be maintained in the files of the
Recipient and shall be available for review by all counsel and parties
upon reasonable notice.
c)
9.
Prior to disclosure of Confidential Information to persons described
in paragraphs 7(a), 7(f), and 7(g) the Recipient shall advise that person
that, pursuant to this Order, he or she may not divulge such
information to any other individual.
The Recipient who discloses Confidential Information pursuant to
paragraphs 7(a),7(f), or 7(g) shall maintain a list specifically
identifying the persons to whom the information was disclosed and
the Bates number and/or other means sufficient to identify such
information disclosed.
In the event the Recipient disputes the Producing Party’s designation of
individual documents or a category of documents or information as Confidential
Information, the Recipient shall notify the Producing Party in writing of such dispute. In
an effort to settle such dispute without judicial intervention, the parties shall meet and
confer to determine whether the restrictions imposed by this Order are warranted with
respect to such disputed information. If resolution of the dispute cannot be reached, the
Recipient may apply to the Court for an appropriate determination. In connection with
such an application, the Producing Party shall bear the burden to show that the information
is entitled to continued protection under the Federal Rules of Civil Procedure and
applicable case law. During the pendency of such dispute or application, and until the court
may rule otherwise, the information designated Confidential Information shall remain
subject to the designations and restrictions of this Order.
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10.
Inadvertent failure to designate Confidential Information shall not be
construed as a waiver, in whole or in part, and may be corrected by the Producing Party by
written notification to the Recipient promptly upon discovery of the failure to designate.
11.
All information obtained by a Recipient in discovery in this litigation,
regardless of whether it is Confidential Information, shall be used by the Recipient solely
for the prosecution or defense of the claims in this litigation, and shall not be used by the
Recipient in any other legal action, or for any business, commercial, competitive, personal,
publicity, media or other purpose, except that nothing herein shall preclude Home Depot
(or a subsidiary of it) from pursuing legal or other business action in discovered instances
of misconduct as to its own employees or ensuring that its employees are acting in
accordance with the law. No Recipient or other person to whom Confidential Information
is disclosed shall copy, transcribe, or otherwise reproduce in written or any other form any
part or portion of any Confidential Information except as necessary for purposes of the
litigation.
12.
Within fifteen business days after the conclusion of this litigation, by
adjudication (including appeals) or otherwise, the Recipient shall return to the Producing
Party all Confidential Information, all copies of such information, and any Documents
incorporating such information. Alternatively, at the request of the Producing Party, the
Recipient shall destroy all such materials and certify in writing that all such materials have
been destroyed.
13.
Confidential Information shall not be filed in the public record of this
litigation. Any Confidential Information that is filed with the Court, and any pleadings,
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motions, or other papers filed with the Court containing such information, shall be filed in
a sealed envelope accompanied by a request that the Court file and maintain the
information under seal.
Where possible, only the portions of filings containing
Confidential Information shall be filed with the Court under seal.
14.
The restrictions set forth in this Order shall not apply to:
a)
Information that was, is or becomes public knowledge
through its authorized release by a person or entity who
rightfully obtained and possesses such information during the
normal course of business, and not in violation of this Order;
b)
Home Depot (or its subsidiaries), with respect to its own
information or information received or created during the
normal course of its own business.
Whether information that becomes a matter of public record in any other manner
may still be subject to protection as confidential shall be determined according to the
standards and procedures set forth in paragraphs 2 through 10 of this Order. The owner of
Confidential Information shall be able to seek protection of that information in accordance
with paragraph 6 of this Order even if it did not produce that information in discovery.
15.
Nothing in this Order shall be deemed to be a limit or waiver of the attorney-
client privilege, the work product privilege, or any other relevant privilege. Further,
inadvertent production of privileged information shall not waive the privilege. If privileged
information is inadvertently produced, the Recipient agrees that, upon request from the
Producing Party, it shall promptly return all copies of Documents containing the privileged
information, delete any versions of the Documents containing the privileged information
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on any database or computer filing system it maintains, and make no use of the privileged
information.
16.
Nothing in this Order shall prohibit any party from objecting to the
production or disclosure of Confidential Information solely on the grounds that such
information is confidential or sensitive, or on any other grounds. Furthermore, nothing in
this Order shall preclude the parties from objecting to the admissibility or use of
Confidential Information.
17.
In the event Plaintiff or his counsel obtain information of Home Depot’s (or
its subsidiaries) from a third party that Home Depot believes is confidential, Home Depot
may designate such information Confidential Information pursuant to this Order and it shall
be treated as such in accordance with this Order.
18.
If a Recipient discloses Confidential Information in a manner not authorized
herein, the Recipient must immediately and in writing notify the Producing Party of all
pertinent facts relating to such disclosure and, without prejudice to other rights and
remedies of the Producing Party, make every effort to prevent further disclosure by the
Recipient or by the person to whom the Recipient disclosed such information.
19.
The Court shall retain jurisdiction, both before and after the entry of final
judgment in this case, whether by settlement or adjudication, to construe, enforce, and
amend the provisions of this Order.
Signed: July 15, 2016
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WE CONSENT:
/s/S. Luke Largess
N.C. Bar No. 17486
Attorney for Plaintiff
TIN, FULTON, WALKER &
OWEN, P.L.L.C.
301 East Park Avenue
Charlotte, NC 28203
Telephone: (704) 338-1220
E-mail: llargess@tinfulton.com
/s/Elizabeth R. Dangel
N.C. Bar No. 44331
Attorneys for Defendant
OGLETREE, DEAKINS, NASH,
SMOAK & STEWART, P.C.
201 South College Street, Suite 2300
Charlotte, NC 28244
Telephone: (704) 342.2588
Facsimile: (704) 342.4379
E-mail: elizabeth.dangel@ogletreedeakins.com
/s/William L. Duda
S.C. Bar No. 68631
Attorneys for Defendant
Admitted Pro Hac Vice
OGLETREE, DEAKINS, NASH,
SMOAK & STEWART, P.C.
1320 Main Street, Suite 600
Columbia, SC 29201
Telephone: 803.252.1300
Facsimile: 803.254.6517
E-mail: bill.duda@ogletreedeakins.com
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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
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LEWIS NORMAN,
Plaintiff,
v.
HOME DEPOT U.S.A., INC.,
Defendant.
Civil Action No. 3:15-cv-438-GCM
DECLARATION OF COMPLIANCE
The undersigned hereby acknowledges that he/she has read the Protective Order
(“Order”) in Lewis Norman v. Home Depot U.S.A., Inc., Civil Action No. 3:15-CV-00438GCM and understands its terms, agrees to be bound by each of those terms, and agrees to
subject himself/herself personally to the jurisdiction of the United States District Court for
the Western District of North Carolina for the purpose of enforcing its terms. Specifically,
and without limitation upon such terms, the undersigned agrees not to use or disclose any
Confidential Information made available to him/her other than in accordance with the
Order.
Executed this ______day of ______________________ 20___.
Signature:
__________________________________________
Printed Name:
__________________________________________
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