Triangle Automotive Components, LLC v. Suminoe Textile of America Corporation

Filing 19

PROTECTIVE ORDER. Signed by Magistrate Judge David Keesler on 10/17/16. (mga)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:15-CV-635-RJC-DCK

TRIANGLE AUTOMOTIVE
COMPONENTS, LLC,

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Plaintiff,
v.
SUMINOE TEXTILE OF AMERICA
CORPORATION,
Defendant.

CONSENT PROTECTIVE ORDER

This cause coming on to be heard on Plaintiff and Defendant’s joint request pursuant
to Rule 26 of the Federal Rules of Civil Procedure for the entry of a protective order limiting
the disclosure of documents and information generated during discovery, or otherwise, in this
action. Having considered the parties’ request, the Court finds there is good cause for the
entry of a protective order.
THEREFORE, it is hereby, ORDERED, ADJUDGED and DECREED as follows:
1.

Scope

This Order applies to all products of discovery, whether produced informally or
through formal methods of discovery, and all information derived therefrom, including,
but not limited to, all documents, data compilations, electronically stored information,
computer disks, objects or things, deposition testimony, affidavits, interrogatory/request
for admission responses, or any other media on which information is recorded, and any
copies, excerpts or summaries thereof, obtained by any party pursuant to the requirements

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of any court order, request for production of documents, request for admissions,
interrogatory, or subpoena (collectively, “Discovery Materials”).
“Confidential” or “Highly Confidential” Material Defined

2.

For the purposes of this Order, Discovery Materials may be designated as
“Confidential” pursuant to Paragraph 4 of this Order or “Highly Confidential” pursuant to
paragraph 8 of this Order. A party may designate as “Confidential” or “Highly Confidential”
any discovery material he or it reasonably and in good faith believes to contain confidential
business information, sensitive financial information, or highly sensitive personal
information.
Use of “Confidential” or “Highly Confidential” Material

3.

Unless otherwise expressly permitted by this Court or by express written agreement
of the parties, all “Confidential” or “Highly Confidential” material produced or discovered
in this case shall be used solely for the prosecution or defense of this case, and shall not be
used by any party, their counsel of record or any other person to whom such “Confidential”
or “Highly Confidential” material is disclosed for any other purpose, including, but not
limited to, any other litigation or judicial proceedings, or any business, competitive, or
commercial purpose or function.
4.

Procedure for Designating Material as “Confidential” or “Highly

Confidential”
The parties shall designate “Confidential” or “Highly Confidential” material in the
following manner:
a. In the case of documents or other written materials, by affixing the word or
phrase “Confidential” or “Highly Confidential” by stamp or other method

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which will make that word or phrase conspicuous, to each page of the
document the party wishes to designate as “Confidential” or “Highly
Confidential”; or
b. In the case of electronic data, including but not limited to information
produced on a hard drive, cd-rom, dvd-rom, thumb drive or other electronic
media (“medium of production”), by providing written notice to the party
requesting production identifying the material being designated as
“Confidential”. or “Highly Confidential.”

To the extent possible, the

designating party shall also label the medium of production with the
appropriate

designation hereunder (i.e.

“Confidential”

or “Highly

Confidential”). However, any failure or inability to affix such label to the
medium of production shall not waive any protection provided by this Order.
c. In the case of depositions or other pretrial testimony in this action, by
designating any portion or all of a deposition as “Confidential” or “Highly
Confidential” by notifying the other parties on the record during the
deposition, or alternatively, such party may designate information disclosed at
such deposition as “Confidential” or “Highly Confidential” by notifying all
the parties in writing, within thirty (30) days of the receipt of the deposition
transcript, of the specific pages and lines of the transcript which are to be
regarded as either “Confidential” or “Highly Confidential.” The parties shall
automatically treat all information disclosed at a deposition as “Confidential”
or “Highly Confidential” for thirty (30) days after receipt of the transcript; or

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d. In the case of written discovery or pleadings, by affixing the word or phrase
“Confidential” or “Highly Confidential” by stamp or other method which will
make that word or phrase conspicuous to the specific portion(s) of such written
discovery or pleadings containing “Confidential” or “Highly Confidential”
material. Any such written discovery or pleading containing “Confidential”
or “Highly Confidential” material may be filed with the Court only in
accordance with Paragraph 8 of this Order.
Any party may designate as “Confidential” or “Highly Confidential” documents or
other material produced by third parties in this litigation. Third parties producing documents
or other material in connection with this case may also designate such documents or materials
as “Confidential” or “Highly Confidential” pursuant to this Order.
5.

Non-Disclosure of “Confidential” Material and “Highly Confidential”

Material
Except with the prior written consent of the party or other person originally
producing “Confidential” material, or as hereinafter provided under this Order, no
“Confidential” material, or any portion thereof, may be disclosed to any person, except as
set forth in Paragraph 6 below. Except with the prior written consent of the party or other
person originally producing “Highly Confidential” material, or as hereinafter provided
under this Order, no “Highly Confidential” material, or any portion thereof, may be
disclosed to any person, except as set forth in paragraph “8” below.
6.

Permissible Disclosures of “Confidential” Material

Notwithstanding Paragraph 5 of this Order, material designated only as
“Confidential” may be disclosed to and used only by:

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a. counsel of record for the parties in this case and his/her partners, associates,
secretaries, legal assistants, employees, and litigation support vendors to the
extent reasonably necessary to render professional services in this case;
b. inside legal counsel to the parties in this case;
c. the Court;
d. court officials involved in this case (including court reporters and persons
operating video recording equipment at depositions);
e. the author of the document and each recipient of a copy of the document,
only insofar as the author or recipient is identified on the face of the
document;
f. the parties in this case, including any employees, agents, members or
member-representatives, to the extent reasonably necessary to render
professional services in this case and/or to assist with the prosecution or
defense of this case;
g. subject to the limitations below, any person designated by the Court in the
interest of justice, upon such terms as the Court may deem proper;
h. subject to the limitations below, persons noticed for depositions or
designated as trial witnesses, or those whom counsel of record in good faith
expect to testify at deposition or trial, only to the extent reasonably
necessary in preparing to testify;
i. subject to the limitations below, outside consultants or outside experts 1,
including their support personnel, retained for the purpose of assisting

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Outside experts or outside consultants shall not include the parties or their employees.

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counsel of record or inside counsel of the parties in this case or to serve as
an expert witness in this case;
j. subject to the limitations below, any mediator selected with the consent of
all parties.
The parties shall obtain from any individual to whom disclosure is to be made
under subparagraphs (g) through (i) above a signed Acknowledgement of Protective Order,
attached hereto as Exhibit A, prior to such disclosure. Counsel providing access to
“Confidential” material shall retain copies of the executed Acknowledgement(s). Nothing
in this Order shall be deemed to restrict the right of any party to give its own materials to
others or otherwise utilize its own “Confidential” material in any manner that it sees fit.
7.

Additional Procedure for Highly Confidential Discovery Materials in
Depositions

At a deposition, any party may designate testimony as “Highly Confidential” and
portions of deposition transcripts so designated shall be transcribed separately and clearly
marked “Highly Confidential.” All persons present at the deposition except the witness,
counsel, the court reporter, and any person authorized under the terms of Paragraph 8,
below, shall leave the room while the designated testimony is being given. The parties
may also thereafter designate any additional portions thereof “Highly Confidential” by
advising the other party in writing. All parties shall thereupon mark those portions of the
deposition “Highly Confidential.”
8.

Permissible Disclosure of “Highly Confidential”

Notwithstanding paragraph 5 of this order, information designated as “Highly
Confidential” is intended to be viewed only by the eyes of outside counsel for the parties
and those persons defined in subparagraphs a, c, d, e, g, i, and j of paragraph 6 above. For

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such persons referenced in the foregoing subparagraphs g and j, the information designated
as “Highly Confidential” shall only be disclosed after such persons, prior to disclosure,
have signed an Acknowledgement of Protective Order, attached hereto as Exhibit A.
Counsel providing access to “Highly Confidential” material shall retain copies of the
executed Acknowledgement(s). Nothing in this Order shall be deemed to restrict the right
of any party to give its own materials to others or otherwise utilize its own “Highly
Confidential” material in any manner that it sees fit.
9.

Inadvertent Disclosures

The parties agree that in the event the producing party or other person inadvertently
fails to designate Discovery Materials as “Confidential” or “Highly Confidential” it may
make such a designation subsequently by notifying all persons and parties to whom such
Discovery Materials were produced, in writing, within thirty (30) days of the producing
party first discovering such inadvertent disclosure. In no event, however, may a producing
party or other person designate or re-designate inadvertently produced materials within
sixty (60) days prior to trial. After receipt of such notification, the persons to whom
production has been made shall prospectively treat the designated Discovery Materials as
“Confidential”, or “Highly Confidential” material, subject to their right to dispute such
designation in accordance with Paragraph 9. However, the receiving party shall not be in
violation of this Protective Order for any disclosure of information made prior to receiving
such notification.
10.

“Confidential” or “Highly Confidential” Material in Depositions,
Filings, and Trial

In the event that “Confidential” or “Highly Confidential” material is included with,
or the contents thereof are in any way disclosed in, any pleading, motion, deposition

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transcript, appendices or exhibits to briefs, or any other paper filed with this Court, such
“Confidential” or “Highly Confidential” material shall be submitted for filing under seal and
kept under seal by the Clerk of this Court until further Order of this Court; provided,
however, that the papers shall be furnished to the Court and counsel of record for the
parties, and a duplicate copy with the “Confidential” or “Highly Confidential” material
deleted may be placed in the public record.
All “Confidential” or “Highly Confidential” material filed with or submitted to the
Court shall be conspicuously marked “CONFIDENTIAL MATERIAL PURSUANT TO
COURT ORDER” prior to filing or submission and shall be accompanied by a written
request that the material be placed under seal. Following the close of discovery and prior
to trial, the parties shall stipulate to a modification of this Order as to the handling of
“Confidential” material at trial or any other court hearing in this case.
11.

Relief from Protective Order

This Order shall be without prejudice to the right of any party to oppose production
of any information on any other ground or to bring before the Court at any time the question
of whether any particular information is or is not of a confidential nature or otherwise
protectable under Rule 26 of the Federal Rules of Civil Procedure as contemplated by the
provisions of this Order. The burden of proving the necessity of a “Confidential” designation
remains with the party asserting confidentiality.
Any party may at any time request from any other party or third party, in writing, the
removal of a designation of documents, material, information, or things as “Confidential” or
“Highly Confidential.” Upon receipt of such request, the parties shall confer in good faith as
to the status of the subject information. If the dispute cannot be resolved, the party who so

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designated the documents shall have fifteen (15) days from the date of the conference to move
for an Order confirming the designation. The parties hereto retain the right to apply to the
Court for an order affording additional protection to any material produced herein as the
circumstances may warrant.
12.

Subpoena by Other Courts or Agencies

If another court or an administrative agency subpoenas or otherwise orders
production of “Confidential” or “Highly Confidential” material that a person has obtained
under the terms of this Order, the person to whom the subpoena or other process is directed
shall (1) promptly object to the production of “Confidential” or “Highly Confidential”
material by setting forth the existence and force of this Protective Order and (2) notify the
designating party of the subpoena or order within five (5) days of receiving such subpoena
and provide a complete copy of the subpoena or order to the designating party. If the
designating party wishes to object, it must do so within ten (10) days of receiving notice of
such subpoena or such shorter time fixed by the order or subpoena from such other court
or agency, with a copy to the entity from whom disclosure of “Confidential” or “Highly
Confidential” material is sought. “Confidential” or “Highly Confidential” material shall not
be produced if written notice of objection by the designating party is received within that
time period and the designating party objecting to production has made all necessary court
filings and/or motions and has secured appropriate protection of the “Confidential” or
“Highly Confidential” material; however, in the absence of appropriate protection, the
receiving party may comply with the subpoena or order if it must do so to avoid being
sanctioned or placed at risk of other legal penalties for its failure to comply with the
subpoena or order.

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13.

Non-Termination

This Order shall survive the final conclusion of this case and shall continue in full
force and effect, and the Court shall retain jurisdiction to enforce this Order. Within ninety
(90) days after the final conclusion of this case the “Confidential” or “Highly Confidential”
material produced in this litigation shall, upon request of the producing party, be either
destroyed or returned to that party; provided, however, that counsel for each party may
retain one copy of such material for their respective files.
Notwithstanding any of the foregoing, the parties’ counsel may retain any
privileged attorney work product they have created which incorporates “Confidential” or
“Highly Confidential” material on the condition that they will maintain the confidentiality
of such material and will not use such material in contravention of the provisions of this
Order.
14.

Modification

Nothing in this Order shall prevent any party or other person from seeking
modification of this Order or from objecting to discovery that it believes to be otherwise
improper.
15.

Improper Disclosure of “Confidential” or “Highly Confidential”
Material

Disclosure of “Confidential” or “Highly Confidential” material other than in
accordance with the terms of this Protective Order may subject the disclosing person to
such sanctions and remedies as this Court may deem appropriate.

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SO ORDERED.
Signed: October 17, 2016

Consented To:

/s/ Fred B. Monroe
Fred B. Monroe
Richard B. Fennell
600 South College Street
Charlotte, North Carolina 28202
Phone: [phone]
Fax: [phone]
[e-mail]
[e-mail]

/s/ Brian L. Church
Charles E. Johnson
Brian L. Church
Robinson Bradshaw & Hinson, P.A.
101 North Tryon Street, Suite 1900
Charlotte, North Carolina 28246
Phone: [phone]
Fax: [phone]
[e-mail]
[e-mail]

Attorneys for Defendant Suminoe Textile of
America Corporation

Attorneys for Plaintiff Triangle Automotive
Components, LLC

iehl, P.A.
reet
olina 28202
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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:15-CV-635-RJC-DCK
TRIANGLE AUTOMOTIVE
COMPONENTS, LLC,

)
)
)
)
)
)
)
)
)
)
)

Plaintiff,
v.
SUMINOE TEXTILE OF AMERICA
CORPORATION,
Defendant.

1.

ACKNOWLEDGEMENT OF
PROTECTIVE ORDER

I hereby attest to my understanding that material, information or documents

designated as “Confidential” are provided to me subject to the Protective Order (“Order”)
dated _________ __, 2016, in the above-captioned litigation (the “Litigation”); that I have
been given a copy of and have read the Order; and that I agree to be bound by its terms. I
also understand that my execution of this Acknowledgement of Protective Order,
indicating my agreement to be bound by the Order, is a prerequisite to my review of any
information or documents designated as either “Confidential” or “Highly Confidential”
pursuant to the Order.
2.

I further agree that I shall not disclose to others, except in accord with the

Order, any “Confidential” or “Highly Confidential” material, in any form whatsoever, and
that such “Confidential” or “Highly Confidential” material and the information contained
therein may be used only for the purposes authorized by the Order.
3.

I further agree that I will not take notes or otherwise record, summarize or

attempt to reproduce any documents and information designated as either “Confidential” or

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“Highly Confidential” pursuant to the Order unless the Parties have agreed to such actions
in writing.
4.

I further agree to return all copies of any “Confidential” or “Highly

Confidential” material I have received to counsel who provided them to me upon
completion of the purpose for which they were provided and no later than 90 days after the
conclusion of this case.
5.

I further agree and attest to my understanding that my obligation to honor

the confidentiality of such “Confidential” or “Highly Confidential” material will continue
even after this case concludes.
6.

I further agree and attest to my understanding that, if I fail to abide by the

terms of the Order, I may be subject to sanctions, including contempt of court, for such
failure. I agree to be subject to the jurisdiction of the Court presiding over this action, for
the purposes of any proceedings relating to enforcement of the Order.
7.

I further agree to be bound by and to comply with the terms of the Order as

soon as I sign this Acknowledgement of Protective Order, regardless of whether the Order
has been entered by the Court.
By:

__________________________ [signature]
__________________________ [printed name]
__________________________ [title]
______________________ [organization/company]

Date: __________________________

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