Jackson v. Handsbrand Inc et al

Filing 15

CONSENT PROTECTIVE ORDER. Signed by Magistrate Judge David Keesler on 8/15/2016. (Pro se litigant served by US Mail.)(chh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CASE NO. 3:16-cv-225 RJC-DCK

DEBRA C. JACKSON,

)
)
Plaintiff,
)
)
v.
)
)
HANESBRANDS INC. and
)
MEGA FORCE STAFFING SERVICES, )
)
Defendants.
)
)

CONSENT PROTECTIVE
ORDER

Background Statement
In the course of discovery, the parties will request and exchange information and
documents that are or may be of a personal and/or of a proprietary nature, including but not
limited to medical records and information, personnel records and materials related to employee
benefits, as well as confidential commercial information and trade secrets, competitively
sensitive commercial information, current and former customer data, and other personal or
financial information regarding the parties to this lawsuit as well as third parties. The parties
seek to limit the use of the information and documents to protect themselves from annoyance
and potential embarrassment as well as to maintain the confidentiality of personal and/or
proprietary information. Accordingly, they have agreed to the entry of this order to facilitate the
production of the information requested and any information which has been or will be produced
during discovery in this case.

Protective Order
Designation of Confidential Information
1.

"Confidential information" as used herein means any type or classification of

information which is designated as "confidential" in the manner specified below, in the good
faith belief that such information falls within the scope of Rule 26(c) of the Federal Rules of
Civil Procedure and is subject to this protective order. For purposes of this protective order,
"confidential information" means proprietary, business, commercial, financial and/or personal
information, including but not limited to employee personnel files, pay information, medical
records, drug testing documents, workers' compensation files, corporate policies and
procedures, trade secrets and other competitively sensitive materials, financial records,
actuarial records and reports and information about disabilities, tax returns, retirement benefits,
current and former customer information (such as names, addresses, telephone numbers, email
addresses and buying history), sales records, and other personal or financial information
relating to third parties. "Confidential information" may include documents, information
contained in documents, depositions, interrogatory answers, and all other discovery pursuant
to the Federal Rules of Civil Procedure, court testimony, matters in evidence and other
information furnished by or on behalf of any party in connection with this litigation which falls
within the scope of this protective order.
2.

The party producing any documents or information subject to this protective

order shall have the right to use its discretion in designating materials subject to this order to
be confidential information. However, the party shall be obligated to designate only documents
or information which it believes in good faith to be information within the scope of Rule 26(c)
of the Federal Rules of Civil Procedure. Moreover, the party shall be obligated

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to make specific designations to the extent reasonably possible and to avoid overbroad
designations.
3.

Any party producing documents may designate such documents and copies thereof

as confidential by marking any confidential page as follows: CONFIDENTIAL. In lieu of placing
said legend on the originals of documents, the producing party may legend the copies that are
produced. When producing a multi-page document, all of which it contends is confidential, a party
may designate the entire document as confidential by marking the cover page as follows:
CONFIDENTIAL.
4.

Information disclosed at the deposition of any party or at the deposition of one

of its present or former officers, directors, employees or agents, or of independent experts
retained by any party for purposes of this litigation may be designated by such party as
confidential by indicating on the record at the deposition that the testimony is confidential and
subject to the provisions of this Order. Alternatively, such party may designate information
disclosed at such deposition as confidential by notifying all parties in writing, within ten (10)
days of receipt of the transcript, of the specific pages and lines of the transcript which are
confidential. Each party shall attach a copy of such written statement to the face of the
transcript and each copy thereof in its possession, custody or control. All depositions shall be
treated as confidential for a period of at least ten (10) days after a full and complete transcript
of said deposition is available.
Use of Confidential Information
5.

Confidential information shall be used only for the purpose of these proceedings

and shall not be disclosed to any person except the following:

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(a)

Counsel for any party, the legal associates, clerical or other support staff of

such counsel assisting in the preparation of this action, and the plaintiff, to the extent necessary to
prepare his/her case for this litigation;
(b)

Agents, representatives and employees of either party, as is necessary to

prepare this case for litigation;
(c)

Subject to the provisions of Paragraph 6 below, independent experts (who

shall not be a party or an employee of a party) employed by counsel for the purpose of assisting
in this action;
(d)

A witness who is either the producing party or an employee of the producing

party or a former or current employee of the producing party, as is necessary to prepare this case
for litigation, and, the court reporter and courtroom personnel at any deposition, pretrial hearing,
trial or other proceedings held in connection with this action;
(e)

Subject to the provisions of Paragraph 7 below, any court, including this

Court, or appellate body which has cause to consider any of the issues raised in this action;
(f)

Jurors and prospective jurors;

(g)

Or any other person or entity to whom this Court orders or allows

disclosure after notice and opportunity for hearing.
Non-Disclosure of Confidential Information
6.

No person to whom confidential information is disclosed shall disclose such

confidential information to any person to whom disclosure is not authorized by the terms
hereof, or make any other disclosure of such confidential information for any purpose
whatsoever, commercial or otherwise. In addition to the other restrictions on disclosure
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contained herein, the parties agree that no confidential information may be disclosed to any person
(including any consultant, expert or employee of any party) until such person has read and signed
a copy of this Order, thereby indicating his willingness to be bound by its provisions. The
disclosing party shall have the obligation to maintain records identifying all such persons to whom
information has been disclosed.
Information Filed with the Court
7.

Each time a party seeks to file under seal confidential documents, things, and/or

information, said party shall accompany the request with a motion to seal and a supporting
memorandum of law specifying (a) the exact documents, things, and /or information, or
portions thereof, for which filing under seal is requested; (b) where it is necessary for the court
to determine the source of the public's right to access before a request to seal may be evaluated,
whether any such request to seal seeks to overcome the common law or the First Amendment
presumption to access; (c) the specific qualities of the material at issue which justify sealing
such material, taking into account the balance of competing interests in access; (d) the reasons
why alternatives to sealing are inadequate; and (e) whether there is consent to the motion.
Finally, in addition to the motion and supporting memorandum, said party must set out such
findings in a proposed order to seal for the court.
8.

The ultimate disposition of confidential materials is subject to a final Order of the

Court upon the completion of litigation. If no such Order is entered, and the deadline for any
appeals has expired, a party may either return the confidential information to the original
producing party or may shred it.

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General Conditions
9.

In the event that a party disputes the propriety of the designation of any material

or information as confidential, that party may file a motion with the Court requesting a ruling
regarding whether the material or information should be treated as confidential for purposes
of this Consent Protective Order. No party shall be obligated to challenge the propriety of any
designation of information as confidential and a failure to do so shall not preclude a
subsequent attack on the propriety of such designation. The party designating the information
as confidential shall have the burden of proof in any hearing or dispute involving the propriety
of the designation.
10.

This Protective Order shall not abrogate or diminish any contractual, statutory or

other legal obligation or right of any party or person with respect to the confidential
information. Specifically, this Protective Order shall not require any party to notify or to obtain
permission from other parties before introducing materials designated confidential at trial or
examining witnesses about materials designated confidential during depositions or at trial,
beyond the notice required by the Federal Rules of Civil Procedure, local court rules or order
of Court.
11.

Nothing in the foregoing provisions of this Protective Order shall be deemed to

preclude any party from seeking and obtaining, on an appropriate showing, such additional
protection with respect to confidential information as that party may consider appropriate; nor
shall any party be precluded from claiming that any matter designated hereunder is not entitled
to protection, or is entitled to a more limited form of protection than designated. Further, upon
proper motion of any party or upon its own motion, the Court may, in its discretion, modify
any of the provisions of this Order.
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CONSENTED TO:

Debra C. Jackson
806 Memory Lane
Gastonia, NC 28052
Pro se plaintiff

/s/Jill S. Stricklin
Jill S. Stricklin
N.C. State Bar No. 20145
CONSTANGY BROOKS SMITH
& PROPHETE, LLP
100 North Cherry Street, Suite
300 Winston-Salem, NC 27101
Telephone: [phone]
Facsimile: [phone] Email:
[e-mail]
Attorneys for Hanesbrands Inc.

/s/Amy Y. Jenkins
Amy Y. Jenkins
N.C. Bar No. 20007
MCANGUS GOUDELOCK& COURIE, LLC
P.O. Box 650007
735 Johnnie Dodds Blvd. Suite 200
Mt. Pleasant, SC 29465
Telephone: [phone]
Email: [e-mail]
Attorneys for Mega Force Staffing Group, Inc.

SO ORDERED.

Signed: August 15, 2016