Foodbuy, LLC v. Gregory Packaging, Inc.

Filing 31

AMENDED PROTECTIVE ORDER. Signed by Magistrate Judge David Keesler on 9/5/17. (tob)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIIL ACTION NO. 3:16-CV-809-FDW-DCK
FOODBUY, LLC,
Plaintiff,
v.

AMENDED
PROTECTIVE ORDER

GREGORY PACKAGING, INC.,
Defendant.
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 in this matter, and also shall apply to documents
produced by third parties pursuant to subpoena (collectively “Responding Party”):
1.

Counsel for any Responding Party may designate any document or information

contained in a document, or all or part of a deposition transcript, as confidential if counsel
determines, in good faith, that such designation is necessary to protect the interests of the
Responding Party. Counsel for either of the Parties may apply such confidential designation to
any document or information produced by a third party. Information and documents designated
by a party as confidential will be labeled “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL”
(and is referred to herein as “Confidential Information”).
2.

Unless otherwise ordered by the Court, or otherwise provided for herein, any

information produced in this litigation will be held and used by the entity receiving such
information solely for use in connection with the above-captioned action.
3.

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 preparing for
his/her testimony and may not retain the confidential information; and
e. The Court or the jury or as exhibits to motions.
4.

Information designated as “Highly Confidential” shall be limited to documents

produced by Foodbuy in response to GPI’s Document Production Request Numbers Three (3),
Four (4), Five (5), Fifteen (15) or documents for which both parties consent to the designation.
Highly Confidential documents shall not be disclosed to any person, except:
a. Counsel (whether outside counsel or in-house counsel) for the requesting party;
b. Employees of outside 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 designated as Highly
Confidential if they were already party to such information ; and
e. The Court or the jury or as exhibits to motions; provided that a motion to seal is
made before the filing and, if not yet ruled upon, that the documents not be filed
pending the outcome of such motion.
5.

In the event a party challenges a Responding Party’s confidential designation,

counsel shall make a good faith effort to resolve the dispute. In the absence of a resolution, the
challenging party may thereafter seek resolution by the Court.

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6.

Nothing in this Protective Order constitutes an admission by any party that any

information produced in this matter 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.
7.

It is the understanding of the Parties that any documents that become part of an

official judicial proceeding or 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 this 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.
IT IS SO ORDERED.
Signed: September 5, 2017

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