McGinnis v. Newell Rubbermaid Inc. et al

Filing 12

CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER. Signed by Senior Judge Graham Mullen on 1/9/2017. (Pro se litigant served by US Mail.)(eef)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
JOHNATHIN ERIN GLENN MCGINNIS
Plaintiff,
vs.
NEWELL BRANDS INC. f/k/a NEWELL
RUBBERMAID INC. and
WAL-MART STORES, INC.
Defendant.

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) CIVIL ACTION
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) FILE NO. 3: 16-CV-00793
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CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER
WHEREAS Defendants Newell Brands Inc. (“Newell”) and Wal-Mart Stores, Inc. (“WalMart”) anticipate that Plaintiff Johnathin McGinnis (“McGinnis”) will request the production of
documents, data, and information in the above-captioned matter which may consist of or contain
confidential information or trade secrets; and
WHEREAS Newell and Wal-Mart (collectively, “The Defendants”; along with McGinnis,
“The Parties”), without prejudice to any defenses or objections they may have to any individual
requests for documents or other information, and without prejudice to any requests for further or
different provisions for confidentiality in appropriate circumstances, desire to establish procedures
to protect such confidential information and trade secrets;
It is, therefore, ORDERED by the Court that the confidentiality of documents, data, and
information produced in this action shall be carefully and scrupulously maintained in the following
manner:
1.

This Confidentiality Agreement and Protective Order governs the handling of

documents, data, and information or restatements of such documents, data, or information

produced by or obtained from The Defendants (“Discovery Material”), during the above-captioned
action, whether or not in response to a formal discovery request.
2.

As used in this agreement, the term “Confidential Discovery Material” means

documents, data, or other information provided in the course of discovery of this action that are
designated “Confidential” or “Trade Secret” pursuant to the terms of this agreement.
3.

All Confidential Discovery Material designated pursuant to paragraph 5 of this

Order and/or by future stipulation of any Party or by order of the Court, shall be used solely for
purposes of this action and shall be disclosed only to the following:
(i)

persons who have entered appearances as counsel of record in this action and
persons working under the direction of such counsel in the office of such counsel
(such as other lawyers and clerical, paralegal and secretarial personnel and outside
vendors engaged by such counsel to scan, copy, enlarge/reduce and/or create
demonstrative exhibits from such Discovery Material);

(ii)

the Court;

(iii)

The Parties, solely for purposes of this action;

(iv)

experts or consultants retained by The Parties;

(v)

deponents in this action;

(vi)

stenographers and court reporters in connection with the recording of sworn
testimony;

(vii)

jury or trial consulting service providers retained by The Parties and participants in
related mock jury exercises, database managers and the like; and

(viii)

such other persons The Parties agree to in writing in advance of the disclosure.

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4.

All experts, consultants, and/or mock jurors, as provided in paragraph 3(iv) and

(vii), above, shall, before being provided Confidential Discovery Material, be provided a copy of
this Order and shall agree to be bound by the terms hereof and to submit to this Court’s jurisdiction
for the purpose of enforcement or compliance herewith by signing their name(s) to a copy of the
signature page attached to this Order.
5.

The following non-exhaustive list of Discovery Material has been produced or is

reasonably anticipated to be requested is hereby designated as Confidential Discovery Material:
a) Employee personnel files
b) Income tax documents
c) Trade secret or confidential research or development
d) Proprietary or commercial information
e) Information relating to ownership or control of any non-public company
f) Information protected from disclosure by any privacy law
g) Any agreements between Newell Brands Inc. and Wal-Mart Stores, Inc.
h) Any agreements between Newell Brands Inc. and any retailers, suppliers,
and/or vendors
i) Any agreements between Wal-Mart Stores, Inc. and its vendors/suppliers
j) Any other type of information given confidential status by the Court
6.

The party producing the Confidential Discovery Material (“The Producing Party”)

shall label the material “Confidential” or “Trade Secret” at the time of production.
7.

If Confidential Discovery Material is reproduced in any form or manner, including

but not limited to CDs, DVDs, paper and electronic copies, transcripts, prints, negatives,

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recordings, duplicates, or summaries, each copy or portion of a copy thereof shall be labeled
“Confidential” or “Trade Secret.”
8.

The transmission or production of Confidential Discovery Material shall not result

in a waiver by The Defendants or any third-party of any property rights, intellectual or otherwise.
9.

If a receiving party desires to disclose confidential discovery to a non-qualified

person, or if it disagrees with the confidentiality designation by The Producing Party, then the
receiving party shall so notify The Producing Party in writing. Pending resolution of any dispute
as to the confidential treatment of information, such information shall be treated under this Order
as confidential discovery of the sort designated by The Producing Party.
10.

A party that elects to initiate a challenge to a Producing Party’s confidentiality

designation must do so in good faith, and in writing must: (1) identify with particularity (i.e., by
Bates number, page and line of deposition transcript, or otherwise) the challenged material and/or
information; (2) explain the basis for its belief that the confidentiality designation was not proper;
and (3) give The Producing Party a minimum of ten (10) business days to review the designated
material and change the designation or explain the basis for the original designation. If The
Producing Party does not respond, provide adequate justification or agree to re-designate the
material, the objecting party may seek relief of the Court. The original designation shall remain
effective until three (3) court days after entry of an order re-designating the materials. Once
information is deemed re-designated, substitute copies thereof shall be produced by The Producing
Party bearing the appropriate designation or lack thereof. In addition, this Protective Order shall
not prevent a party from applying to the Court for relief therefrom, or from applying to the Court
for further or additional protective orders.

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11.

Further, the Court has the discretion to deny confidential treatment to any

documents or Discovery Material filed in connection with any motion, application, or court
proceeding that may result in an order or decision by the Court.
12.

No person who receives Confidential Discovery Material in any form shall sell,

offer, advertise, publicize, or provide, under any circumstances or conditions, the Confidential
Discovery Material or any part thereof, to any person or entity other than in accordance with the
provisions of this Confidentiality Agreement and Protective Order.
13.

Confidential Discovery Material and/or documents or information derived

therefrom shall not be used by or under the authority of any person or party receiving the same for
any business or competitive purpose.
14.

At the conclusion of this action, including all appeals, counsel for The Parties shall

return to The Producing Party all Confidential Discovery Material, including any copies.
15.

The ultimate disposition of Confidential Discovery Material shall be subject to a

final order of the court upon completion of the litigation.
16.

The termination of this litigation shall not relieve The Parties, their counsel, or any

person who had access to such Confidential Discovery Material from the obligations imposed by
this Order.
SO ORDERED.

Signed: January 9, 2017

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SUBMITTED BY:
WEINBERG WHEELER HUDGINS
GUNN & DIAL LLC

Shawn D. Scott (NCSB # 23463)
3344 Peachtree Road NE
Suite 2400
Atlanta, GA 30326
[phone] (phone)
[phone] (fax)
[e-mail]
Attorney for Defendants Newell Brands Inc.
and Wal-Mart Stores, Inc.

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SIGNATURES PURSUANT TO PARAGRAPH 4

NAME

FIRM/TITLE

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DATE