Polanco v. HSBC Bank USA National Association et al

Filing 46

CONSENT PROTECTIVE ORDER. Signed by Senior Judge Graham Mullen on 5/20/2019. (brl)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CLAUDIA E. POLANCO,
Plaintiff,
vs.
Case No.: 3:17-cv-00466-GCM
HSBC BANK USA NATIONAL
ASSOCIATION et al.,
Defendants.
CONSENT PROTECTIVE ORDER
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 the above-captioned matter:
1.

Counsel for any party may designate any document or information contained in a

document as confidential if counsel determines, in good faith, that such designation is necessary
to protect the interests of the client. Information and documents designated by a party as
confidential will be labeled “CONFIDENTIAL – PRODUCED PURSUANT TO PROTECTIVE
ORDER.” “Confidential” information or documents may be referred to collectively as
“confidential information.”
2.

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

confidential information disclosed will be held and used by the person receiving such information
solely for use in connection with the above-captioned action.
3.

In the event a party challenges another party’s confidential designation, counsel

shall make a good faith effort to resolve the dispute, and in the absence of a resolution, the
challenging party may thereafter seek resolution by the Court. Nothing in this Protective Order

constitutes an admission by any party that confidential information disclosed in this case 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.
4.

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
preparation for his/her testimony and may not retain the confidential
information; and

e.
5.

The Court or the jury at trial or as exhibits to motions.

Prior to disclosing or displaying the confidential information to any person, counsel

shall:
a.

Inform the person of the confidential nature of the information or
documents; and

b.

Inform the person that this Court has enjoined the use of the information or
documents by him/her for any purpose other than this litigation and has
enjoined the disclosure of that information or documents to any other
person.

6.

The confidential information may be displayed to and discussed with the persons

identified in Paragraph 4(c) and (d) only on the condition that prior to any such display or
discussion, each such person shall be asked to sign an agreement to be bound by this Order in the
form attached as Exhibit A. In the event such person refuses to sign an agreement in the form
attached as Exhibit A, the party desiring to disclose the confidential information may seek
appropriate relief from this Court.
7.

For the purpose of Paragraphs 4(d) and (e) it is understood by the parties that any

documents which become part of an official judicial proceeding or which 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. In the event a party seeks to file any material that is subject
to protection under this Order with the court, that party shall take appropriate action to insure that
the documents receive proper protection from public disclosure including: (1) filing a redacted
document with the consent of the party who designated the document as confidential; (2) where
appropriate (e.g. in relation to discovery and evidentiary motions), submitting the documents
solely for in camera review; or (3) where the preceding measures are not adequate, seeking
permission to file the document under seal pursuant to the procedural steps set forth in Local Civil
Rule 6.1 of the United States District Court for the Western District of North Carolina, or such
other rule or procedure as may apply in the relevant jurisdiction.

Absent extraordinary

circumstances making prior consultation impractical or inappropriate, the party seeking to submit
the document to the court shall first consult with counsel for the party who designated the
document as confidential to determine if some measure less restrictive than filing the document
under seal may serve to provide adequate protection. This duty exists irrespective of the duty to

consult on the underlying motion. Nothing in this Order shall be construed as a prior directive to
the Clerk of Court to allow any document be filed under seal. The parties understand that
documents may be filed under seal only with the permission of the court after proper motion
pursuant to Local Civil Rule 6.1
8.

At the conclusion of 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. The
ultimate disposition of protected materials shall be subject to a final order of the court upon
completion of the litigation.
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: May 20, 2019

EXHIBIT A
CONFIDENTIALITY AGREEMENT

I have been informed by counsel that certain documents or information to be disclosed to
me in connection with the matter entitled Polanco v. HSBC Bank USA National Association, et
al., Case No. 3:17-cv-00466-GCM, have been designated as confidential. I have been informed
that any such document or information labeled as “CONFIDENTIAL – PRODUCED
PURSUANT TO PROTECTIVE ORDER” are confidential by Order of the Court.
Under penalty of contempt of Court, I hereby agree that I will not disclose any
information contained in such documents to any other person, and I further agree not to use any
such information for any purpose other than this litigation.

DATED: ____________________
By:________________________________
Print Name:_________________________

Signed in the presence of:
____________________________
(Attorney)