Ballantyne Brands, LLC v. Circle K Stores, Inc.

Filing 30

CONSENT PROTECTIVE ORDER. Signed by Magistrate Judge David Keesler on 3/7/17. (mga)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:16-CV-513-FDW-DCK
BALLANTYNE BRANDS, LLC,
Plaintiff,
v.
CIRCLE K STORES, INC.,
Defendant.

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CONSENT PROTECTIVE ORDER

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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.”
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

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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. The Court or the jury at trial or as exhibits to motions.
5.

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
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

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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.
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.
10.

If a party produces confidential information but inadvertently fails to label the

information as such, the party may, as soon as reasonably practicable, inform the other party of
the intended confidential designation, and all parties shall treat such information as confidential
information under this Protective Order. To the extent that any party has already disclosed the
information, that party shall promptly notify the producing party as to the specific recipients of
such information and shall take all reasonable steps to remove such information from said
recipients unless they otherwise are entitled to disclosure under this Order. Inadvertent
disclosure (including production) of information that a party or non-party later claims should not

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have been disclosed because of a privilege, including but not limited to attorney–client privilege
or the work-product doctrine (“Privileged Information”), shall not constitute a waiver of, or
estoppel as to, any claim of attorney–client privilege, work-product protection, or other ground
for withholding production to which the producing party would otherwise be entitled in this
lawsuit or in any other federal or state proceeding.
SO ORDERED.
Signed: March 7, 2017

SMITH, ANDERSON, BLOUNT,
DORSETT, MITCHELL & JERNIGAN,
L.L.P.

JAMES, McELROY & DIEHL, P.A.

By:
/s/ J. Gray Wilson
Carl N. Patterson, Jr.
NC Bar # 7260
Michael W. Mitchell
NC Bar # 16750
J. Gray Wilson
NC Bar # 46509
Post Office Box 2611
Raleigh, North Carolina 27602-2611
Telephone:
[phone]
Facsimile:
[phone]
E-Mail:
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendant Circle K Stores,
Inc.

By: /s/ Bruce M. Simpson
Bruce M. Simpson
NC Bar # 8507
600 South College Street
Charlotte, NC 28202
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Plaintiff Ballantyne Brands,
LLC

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