Glenn v. Velociti, Inc. et al

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CASE NO. 3:24-CV-031-RJC-DCK
THIS MATTER IS BEFORE THE COURT on the “Consent Motion For Protective
Order” (Document No. 6) filed September 9, 2024. This motion has been referred to the
undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b), and immediate review is
appropriate. Having carefully considered the motion and the record, the undersigned will grant
the motion and enter the proposed Protective Order as follows.
IT IS, THEREFORE, ORDERED 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:
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.” “CONFIDENTIAL” information or documents
may be referred to collectively as “Confidential Information.”
a. “Confidential Information” means and includes the following:
ANTHONY SCOTT GLENN, )
)
Plaintiff, )
)
CONSENT PROTECTIVE
ORDER
)
v. )
)
VELOCITI, INC. and DERYK L. POWELL, )
)
Defendants. )
)
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i. Information that constitutes confidential, proprietary, or financial
business information, trade secrets, strategic business records, or
information subject to a legally protected right of privacy or a
confidentiality agreement with a third party;
ii. Information regarding or other documents containing private
employment-related information, health-related information, spouse
or other dependent information, and all personally identifiable
information, to include names, dates of birth, addresses, personal
images, telephone numbers, email addresses, emergency contact
information, social security numbers, driver’s license numbers,
criminal records, background checks or other reference check
information, and/or documents related to employee domestic or
financial obligations, such as child support orders and garnishments
and bank account information; and
iii. Medical records and reports; psychological records and reports;
photographs, x-rays or illustrations, or other personal health-related
information regarding Plaintiff or any other individual about whom
such information is discovered.
iv. Federal or state income tax returns or other financial information of
any party.
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
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solely for use in connection with the above-captioned action or any appeal taken from a final
judgment entered in the case.
3. In the event a party challenges the other 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 or contractors 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
person may only be shown confidential information during and in preparation
for his/her testimony and may not retain the confidential information;
e. The Court or the jury at trial or as exhibits to motions; and
f. Any mediator retained by all affected parties, including such mediator’s staff,
provided the disclosure is made in the course of mediation.
5. 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;
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b. Inform that 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;
and obtain from the person to whom the disclosure is to be made a signed
confidentiality agreement in the form attached hereto as Exhibit A.
6. If any party inadvertently fails to designate any material as confidential information
preproduction, it may correct its error at any time utilizing the following procedures. Upon
learning that confidential information was produced without the appropriate designation, the
producing party will immediately provide notice of the omission to the receiving party and, at the
producing party’s option, either provide substituted copies of the confidential information
appropriately marked or instruct the receiving party to mark the undesignated material with the
appropriate legend. Upon receiving notice of an omitted designation, it shall be the duty of the
receiving party to make all reasonable efforts to return all identified unmarked materials in its
possession or in the possession of person’s within that party’s control (e.g. retained consultants)
to the designating party or to otherwise destroy the unmarked materials within ten (10) business
days of any written notice of an omitted designation or to make all reasonable efforts to label the
confidential information appropriately as requested by the designated party.
7. For the purpose of Paragraph 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.
8. All materials designated as confidential in accordance with the terms of this Order
that are filed with the Court, and any pleadings, motions, or other papers filed with the Court
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disclosing any confidential information shall be filed under seal and kept under seal until further
order of the Court.
9. Ultimate disposition of protected materials is subject to final order of the Court
upon completion of this litigation. However, in the absence of a final order of the Court addressing
the disposition of Confidential Information, the parties agree that counsel for each party shall, not
later than forty-five (45) days after the termination of this litigation, collect from any experts,
consultants, or third-party witnesses to whom any documents containing Confidential Information,
including without limitation, any copies or excerpts of such documents. Counsel of record for
each party shall be permitted to retain in their files a copy of all documents containing information
subject to this Order obtained through the course of this litigation, pursuant to the North Carolina
Rules of Professional Conduct; provided, however, the prohibitions against the use or disclosure
of Confidential Information as set forth above shall continue to apply to said counsel.
10. Any motion, memorandum, document, or other paper filed with the Court is
presumptively a public document and any decision of the Court regarding whether to allow any
filing to be made under seal is subject to Local Rule 6.1 and applicable by law.
11. 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.
12. The Court shall strictly enforce this Order, and any violation is punishable by the
Court’s contempt power, including the imposition of monetary sanctions.
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SO ORDERED.
CONSENTED TO:
/s/ Frederick M. Thurman, Jr.
Frederick M. Thurman, Jr. (NC Bar No.
SHUMAKER, LOOP & KENDRICK, LLP
101 South Tryon Street, Suite 2200
Charlotte, NC 28280
Telephone: (704) 375-0057
E-mail: fthurman@shumaker.com
Attorney for Plaintiff
/s/ J. Michael Honeycutt
J. Michael Honeycutt (NC Bar No. 33437)
Sharon S. Suh (NC Bar No. 51683)
FISHER & PHILLIPS LLP
227 West Trade Street, Suite 2020
Charlotte, North Carolina 28202
Telephone: (704) 334-4565
Facsimile: (704) 334-9774
Email: jhoneycutt@fisherphillips.com
ssuh@fisherphillips.com
Attorneys for Defendants
Signed: September 10, 2024
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EXHIBIT A
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CASE NO. 3:24-CV-031-RJC-DCK
CONFIDENTIALITY AGREEMENT
I have read and am familiar with the terms of the Protective Order governing the disclosure
of confidential information in the case of Anthony Scott Glenn v. Velociti, Inc. and Deryk L.
Powell, and I agree to abide by all the terms of said Order and not to reveal or otherwise
communicate any of the information disclosed to me pursuant thereto to anyone except in
accordance with the terms of said Order. I agree not to make use of any information or material
obtained pursuant to that Order other than for purposes of this litigation.
I also agree to return to counsel of record not later than thirty (30) days after the termination
of this litigation any and all documents in my possession containing information which is the
subject of said Order (whether such information is in the form of notes, memoranda, reports, or
other written communications or documents prepared by any person at any time containing
information covered by the terms of said Order).
Name: ______________________________
Date: _______________________________
ANTHONY SCOTT GLENN, )
)
Plaintiff, )
)
v. )
)
VELOCITI, INC. and DERYK L. POWELL, )
)
Defendants. )
)
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