God's Little Gift, Inc. et al v. Airgas, Inc.

Filing 14

Addendum to Standing Protective Order granting 13 Motion for Supplemental. Signed by Magistrate Judge David S. Cayer on 2/21/17. (tob)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
GOD’S LITTLE GIFT, INC. d/b/a
HELIUM & BALLOONS ACROSS
AMERICA (also known as HABAA) and
GARY PAGE,

Civil Action No: 3:17-cv-04-FDW-DSC

Plaintiffs,
v.
AIRGAS, INC.,
Defendant.
ADDENDUM TO STANDING PROTECTIVE ORDER
This Addendum memorializes the agreement between Plaintiffs and Defendant (each a
“Party” and collectively, the “Parties”) regarding confidentiality of discovery in the abovecaptioned action (the “Action”).
1.

This Addendum supplements the Court’s Standing Protective Order for Civil

Cases, entered on May 14, 2007. All provisions of the Standing Protective Order are
incorporated herein.
2.

The Parties acknowledge that discovery in this case could include requests for

information regarding highly sensitive proprietary and confidential commercial information,
including but not limited to pricing information, terms of commercial agreements, and financial
information, that if disclosed to competitors could harm the producing party’s business interests
and place the producing party at a competitive disadvantage (“Highly Confidential
Information”).

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3.

The parties therefore stipulate and agree that a party may designate any document

or information as “Highly Confidential—Attorney’s Eyes Only” if counsel determines, in good
faith, that such document or information contains Highly Confidential Information, and if such
designation is necessary to avoid harming the party’s business interests or placing the party as a
competitive disadvantage.
4.

Information of documents designated as “Highly Confidential—Attorney’s Eyes

Only” shall not be disclosed to any person, except:
a. Counsel for the requesting party;
b. Employees of such counsel assigned to and necessary to assist in the litigation;
c. Specially retained consultants or experts to the extent deemed necessary by
counsel, provided however, that the consultant or expert is not employed by and
does not provide services for any company that is a competitor of Plaintiffs or
Defendant;
d. Any person who was an original author and/or recipient of the document or
information; and
e. The Court or the jury at trial or as exhibits to motions.
5.

For avoidance of doubt, Paragraphs 2-3 and 5-9 of the Standing Protective Order

apply to information designated as “Highly Confidential—Attorney’s Eyes Only.”

SO ORDERED.
Signed: February 21, 2017

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Dated: February 21, 2017

Respectfully submitted,

/s/ Donald M. Brown, Jr. (w/permission)

/s/ Gregory L. Skidmore

Donald M. Brown, Jr.
N.C. Bar No. 14178
[e-mail]

David C. Wright III
N.C. Bar No. 11161
[e-mail]
Gregory L. Skidmore
N.C. Bar No. 35571
[e-mail]

BROWN & ASSOCIATES, PLLC
Park South Professional Center
10440 Park Road, Suite 200
Charlotte, NC 28210
Telephone: [phone]
Facsimile: [phone]
Attorney for Plaintiffs

ROBINSON BRADSHAW & HINSON, P.A.
101 North Tryon Street, Suite 1900
Charlotte, North Carolina 28246
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant Airgas, Inc.