Brown et al v. Celadon et al
Filing
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CONSENT PROTECTIVE ORDER. Signed by Magistrate Judge David Keesler on 9/20/16. (mga)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:16-CV-229-RJC-DCK
STEVEN MICHAEL BROWN and SUSAN
BROWN,
Plaintiffs,
v.
CELADON TRUCKING SERVICES, INC.,
Defendant.
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CONSENT PROTECTIVE ORDER
Plaintiffs and Defendant (the “Parties”) agree that the above action may involve the
production or disclosure of personal, confidential, sensitive or proprietary business information,
or trade secrets (collectively referred to as “Confidential Information”), and hereby stipulate,
subject to approval by the Court, to the following as a Protective Order which shall govern the
production or disclosure of Confidential Information to ensure continued confidentiality during
the case.
This Protective Order governs the production or disclosure of all Confidential
Information produced by the parties during the course of discovery, hearings, or trial in
this action. Additionally, any portion of a deposition transcript, pleading, or other document
into which Confidential Information is placed or quoted shall also be considered Confidential
Information.
DESIGNATION
In connection with this action, any non-public document, material, or information may
be designated as “CONFIDENTIAL”.
The producing 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.
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The term “CONFIDENTIAL” applies to information, testimony, documents, and data
which is determined by the producing party, acting in good faith, to be non-public and to be
proprietary, financial, business confidential information, or protected personal medical
information. The term “document” means all written, recorded, graphic, computer maintained,
electronic, or digital data or material, regardless of its means of transmittal.
NOTICE AND MARKINGS
Any documents, material or information may be designated “CONFIDENTIAL” by
furnishing a separate written notice to the receiving party specifically identifying the items
or their designation, or by stamping the legend “CONFIDENTIAL” on each page of the
documents, material, or information prior to production.
Any party may designate any portion or all of a deposition as Confidential Information
by notifying the other parties on the record during the deposition or in writing within 15 days
of the receipt of the transcript. Until expiration of the 15 day period, the entire deposition
will be treated as subject to protection against disclosure under this Order. Deponents shall not
retain or copy portions of the transcript of their depositions that contain Confidential
Information not provided by them or the entities they represent or are associated with unless
the deponent first executes a written “Acknowledgement” in the form attached. A deponent
who is not a party or a representative of a party shall be furnished a copy of this Order before
being examined about Confidential Information.
INADVERTENT FAILURE TO DESIGNATE
Failure to designate or stamp as “CONFIDENTIAL” at the time of production shall not
be a waiver of the protection for Confidential Information, provided that counsel promptly
notifies the receiving party upon realizing the failure. However, the receiving party shall not be
in violation of this Protective Order for any disclosure of information made prior to receiving
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such notice.
OBJECTION TO DESIGNATION
If a party receiving designated Confidential Information objects to the designation,
it shall treat the information as it is designated until the parties resolve the dispute by agreement
or by order of the Court.
USE OF CONFIDENTIAL INFORMATION
All Confidential Information as defined herein shall be used solely for the purpose of this
action.
Confidential Information which has been designated “CONFIDENTIAL” shall be
disclosed only to:
(1)
The counsel for any party in this action and the counsel’s employees or
contractors (such as photocopy services) who are assisting them in this action, and to any party’s
employees, to the extent strictly necessary to prepare this case for this litigation;
(2)
Consultants and expert witnesses who have been retained by the party or
its attorneys for this action, provided that each such person first executes a written
“Acknowledgement” in the form attached;
(3)
Directors, officers, or employees of the parties and their parent companies who
require the information to assist in the prosecution or defense of this action, including in-house
counsel of any party hereto;
(4)
The Court and persons associated with or employed by the Court whose duties
require access to the information;
(5)
Persons having personal knowledge of any such record by virtue of their having
prepared, received and/or reviewed that record prior to this litigation;
(6)
Any witness, but only to the extent that such witness' testimony involves the
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matters governed or otherwise affected by information or documents designated as Confidential
material, provided that each such witness first executes a written “Acknowledgement” in the
form attached;
(7)
The officer taking, reporting, or videotaping a deposition and employees of such
officer to the extent necessary to prepare the transcript of the deposition; and
(8)
Jurors and prospective jurors.
Nothing herein shall restrict the persons identified above from making working copies
for
use in the case, which working copy shall be automatically designated as
“CONFIDENTIAL”.
As to those persons who sign the Acknowledgement form, the party providing the
Confidential Information to such persons is responsible for obtaining the signed
Acknowledgement and shall have the obligation to maintain the Acknowledgement record.
If Confidential Information designated as “CONFIDENTIAL” is sought to be used
or introduced at or for a hearing, motion, or trial of this action, counsel for the party seeking to
use or introduce such Confidential Information shall so advise the Court (such as pursuant to
Local Rule 6.1 for Sealed Filings and Public Access) and request that the Court take such
steps as it deems appropriate to protect the confidentiality of the information.
All Confidential Information designated as “CONFIDENTIAL”, any copies thereof, and
the information contained therein, shall not be given, shown, made available to, or
communicated in any way to anyone, except those persons listed above, unless ordered by the
Court or done with the prior written consent of producing party’s counsel, or as required by law.
The parties to this Order expressly reserve the right to seek any appropriate order
modifying this Order or imposing additional restrictions on discovery in this action, including an
order that production not be had.
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If Confidential Information designated as “CONFIDENTIAL” is disclosed to any person
other than in the manner authorized by this Order, the party or counsel responsible for the
improper disclosure must immediately bring all pertinent facts relating to such disclosure to the
attention of the other Parties and their counsel, and without prejudice to the rights and remedies
of the other parties and their respective counsel, shall make every reasonable effort to prevent
further disclosure by them or by the person who was the recipient of such information.
INADVERTENT DISCLOSURE OF PRIVILEGED INFORMATION
If a producing party inadvertently discloses to the receiving party information that is
privileged or otherwise immune from discovery, said producing party shall promptly upon
discovery of such disclosure so advise the receiving party in writing and request that the item
or items of information be returned. It is further agreed that the receiving party will promptly
return such inadvertently produced item or items of information and all copies thereof upon
either (a) discovery by the receiving party of its inadvertent production, or (b) receiving a written
request for the return of such item or items of information. The party having returned such
inadvertently produced item or items of information may thereafter seek production of any such
documents in accordance with the Federal Rules of Civil Procedure.
OBLIGATIONS OF PARTIES
Each of the parties named above and their counsel of record undertakes to abide by and
be bound by the provisions of this Order and to use due care to see that its provisions are known
and adhered to by those under its supervision or control. Nothing in this Protective Order shall
bar counsel from rendering advice to their client with respect to this litigation, and in the course
thereof, relying upon any Confidential Information, provided that in rendering such advice and
otherwise communicating with such clients, counsel shall not make specific disclosure of any
item so designated except as otherwise permitted by this Order.
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TERMINATION OF LITIGATION
Within thirty (30) days of the final conclusion or final settlement of this litigation and any
appeal thereof, all parties subject to the terms hereof shall either (a) assemble and return to the
designating party all Confidential Information upon the request and at the option of the party
making the confidentiality designation or (b) destroy all Confidential Information, or the
producing party may waive the requirements of this sentence. The terms of this Protective Order
shall survive and remain in full force after the termination of this lawsuit and the Court shall
have jurisdiction over the parties, the non-parties who have signed and filed the
Acknowledgement, their respective attorneys, and all persons to whom Confidential Information
has been disclosed for the purpose of enforcing the terms of this Protective Order and/or
redressing any violation thereof. If the parties need court intervention about the requirements of
this paragraph, the ultimate disposition of the Confidential Information shall be subject to a final
order of the Court on the completion of the litigation.
ADDITIONAL PROTECTION
Nothing in the foregoing provisions of this Protective Order shall be deemed to preclude
any party from seeking and obtaining, on an appropriate showing, additional protection with
respect to the confidentiality of documents or other discovery material, or relief from this
Protective Order with respect to particular material designated hereunder.
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AGREED AND STIPULATED TO:
Respectfully submitted, this the 19th day of September, 2016.
FRIED ROGERS GOLDBERG LLC
/s/ Michael L. Goldberg
MICHAEL L. GOLDBERG
(admitted pro hac vice)
ERIC J.D. ROGERS
(admitted pro hac
vice) 3560 Lenox
Road, N.E. Suite
1250
Atlanta, Georgia 30326
Telephone: 404-591-1800
Facsimile: 404-591-1801
Email: michael@frglaw.com Email: eric@frglaw.com
Attorneys for Plaintiffs Steve Brown and Susan Brown
NEXSEN PRUET, PLLC
/s/ James W. Bryan
JAMES W. BRYAN
N.C. State Bar No. 16575
P.O. Box 3463
Greensboro, NC 27402
Telephone: 336-3731600 Facsimile: 336387-8907
Email: jbryan@nexsenpruet.com
Attorneys for Defendant Celadon Trucking Services, Inc.
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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH
CAROLINA CHARLOTTE DIVISION
CIVIL ACTION NO. 3:16-cv-00229-RJC-DCK
STEVEN BROWN and SUSAN BROWN,
Plaintiffs,
v.
CELADON TRUCKING SERVICES, INC.,
Defendant.
ACKNOWLEDGEMENT
, being duly sworn, deposes and says:
1.
(Statement of Employment)
2.
I have read the Consent Protective Order filed
,
, as entered
into by the parties in connection with Civil Action No. 3:16-cv-00229, Western District of North
Carolina. I fully understand and agree to the restrictions on my use of the documents, records, and
other materials described in that Consent Protective Order and the information contained herein.
I agree to be bound by that Consent Protective Order.
3.
I understand that unauthorized disclosure of confidential information constitutes
contempt of court and may subject me to sanctions and damages.
4.
I declare under penalty of perjury under the laws of the United States of America;
that the foregoing is true and correct.
Executed on:
(Name – Corporate Non-Party)
(Name - Print)
BY:
(Signature)
(Title)
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ORDER OF APPROVAL
IT IS ORDERED that the foregoing terms of the Consent Protective Order agreed to by
the parties, including the Acknowledgement form are approved, shall be made of record, and
shall govern the disclosure and use of confidential information in this action.
Signed: September 20, 2016
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