Brown v. Frost-Arnett Company
Filing
11
STIPULATED ORDER - CONFIDENTIALITY AGREEMENT. Signed by Magistrate Judge David Keesler on 4/17/17. (mga)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:17-CV-069-RJC-DCK
KENDALL BROWN,
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Plaintiff
v.
FROST-ARNETT COMPANY
Defendant.
STIPULATED ORDER - CONFIDENTIALITY AGREEMENT
The parties have advised the Court that they anticipate discovery and production of
documents which may be the proper subject of non-disclosure under FRCP 26(c)(1)(G). In order
to assist in the timely completion of discovery, the Court enters this Order governing the procedure
for seeking the protections under FRCP 26(c)(1)(G).
1. Confidentiality as a Basis of Non-Disclosure.
Having provided the parties a mechanism for the protection of documents of information
of a confidential nature, the parties may not assert the confidential nature or trade secret status of
documents as a basis of non-disclosures except as provided in this order.
2. Designation of Confidentiality.
A party responding to requests for production or interrogatories may designate the
responsive information to that discovery as confidential (hereafter referred to as “information
designated as confidential”). That party shall make the designation by producing the information
and affixing a stamp conspicuously designating the information as “CONFIDENTIAL.” .
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3. Protection of Information Designated as Confidential.
Any information designated as confidential shall be protected as confidential under the
terms of this Order until such time as 1) the Court rules on the designation pursuant to a motion
by designating party, 2) the designating party waives the objection expressly or by failure to file
a timely motion for a protective order, 3) the documents are submitted to the Court in connection
with a dispositive motion, or 4) the documents are submitted at trial of this matter.
If any information which is protected as confidential is submitted in connection with a
dispositive motion or at trial pursuant to this Order, the information ceases to be protected as
confidential, but any party may move to seal the Court’s record and proceedings under the
applicable law as provided below.
Any information contained in, or derived from any information designated as confidential
(including but not limited to, all deposition testimony that refers, reflects or otherwise discusses
any information designated confidential hereunder) may not be disclosed other than in accordance
with this Order.
Any information which is protected as confidential may not be used outside this case and
may only be used in this litigation. Information protected as confidential may only be disclosed
to:
a.
Other attorneys appearing in this case.
b.
Other parties to this case.
c.
Staff, office personnel, consulting attorneys, experts, and consulting experts
associated with the attorneys appearing in this case.
d.
Witnesses.
e.
Deponents.
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Upon termination of this action, including any appeals therefore, within thirty (30) days of
a written request, the parties shall return all copies of information designated as confidential to the
issuing parties or represent that all copies have been destroyed.
4. Objections to the Designation of Confidentiality.
Within 14 days of receiving information designated as confidential, the receiving party
must either object to the designation, or else waive any objection to the designation. A party who
wishes to object to the designation shall within that 14 day period, serve objections to the
designation and request in writing a conference to resolve the designation. The party asserting the
designation is responsible for making good faith efforts to arrange that conference. If the parties
cannot resolve the objections to the designation, the party asserting the designation of
confidentiality shall move within 14 days of receiving the objections, for a protective order under
Rule 26(c)(1)(G). The failure to move for a protective order within that 14 day period waives the
designation.
5. Order Binding on Signatories
The parties signing this order are bound to its terms. Those parties to the case who have not
signed may not receive copies of confidential information pursuant to this order. Nor shall copies
of such copies be provided to them by any other party.
6. Use of Confidential Materials in Dispositive Motions and At Trial
A party who intends to use any information which is protected as confidential in connection
with a dispositive motion or response to a dispositive motion must provide notice of that intent 7
days before submitting any such information to the court, and identify the specific information
which that party intends to submit. A party receiving such notice may within that 7 days move to
seal the record and proceedings under applicable standards. So long as 7 days’
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notice is provided to the party alleging such documentation as confidential, the party seeking to use
the information protected as confidential has no obligation to file the alleged confidential
documentation under seal.
A party who intends to use any information which is designated as confidential in
connection with a trial must identify the document in the joint final pretrial order. A party receiving
such a list may within that 7 days move to seal the record and proceedings under applicable
standards.
SO ORDERED.
Signed: April 17, 2017
STIPULATED BY:
BEDARD LAW GROUP, P.C.
/s/ Jonathan K. Aust
Jonathan K. Aust
N.C. Bar No. 39507
2810 Peachtree Industrial Blvd.
Suite D
Duluth, Georgia 30097
Telephone: (678) 253-1871
jaust@bedardlawgroup.com
Counsel for Defendant
MAGINNIS LAW, PLLC
Karl Gwaltney
N.C. State Bar No. 45118
Edward H. Maginnis
N.C. State Bar No. 39317
4801 Glenwood Avenue, Suite 310
Raleigh, North Carolina 27612
Telephone: (919) 480-8526
Fax: (919) 882-8763
kgwaltney@maginnislaw.com
emaginnis@maginnislaw.com
Counsel for Plaintiff
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