Praylor v. Sunstates Security, LLC

Filing 10

CONSENT PROTECTIVE ORDER. Signed by Magistrate Judge David Keesler on 4/3/17. (mga)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CASE NO. 3:16-CV-753-RJC-DCK
PHEOMA G. PRAYLOR,

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Plaintiff,
v.
SUNSTATES SECURITY, LLC,
Defendant.

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 personnel records, medical records, leave records and materials related to employee benefits, as
well as confidential commercial information and trade secrets, competitively sensitive commercial
information, customer data and other personal or financial information regarding 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, customer information, 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 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

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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:
(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;

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(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 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

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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.
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.
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.

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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.
s/ Geraldine Sumter
Geraldine Sumter
N.C. Bar No: 11107
Ferguson, Chambers & Sumter, P.A.
309 E. Morehead Street, Suite 110
Charlotte, North Carolina 28202
Telephone: [phone]
Facsimile: 980.938.4867
E-mail: [e-mail]

s/ Jeremy A. Stephenson
Mr. Jeremy A. Stephenson
Bank of America Plaza
101 South Tryon Street
Suite 2610
Charlotte, North Carolina 28280
[e-mail]
Attorneys for Defendant

Attorney for Plaintiff

SO ORDERED.

Signed: April 3, 2017

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