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Knoeferl v. Cracker Barrel Old Country Store, Inc.

United States District Court, S.D. Georgia, Augusta Division

April 26, 2017

LINDA KNOEFERL, Plaintiff,
v.
CRACKER BARREL OLD COUNTRY STORE, INC., Defendant.

          BRANDON K. DIAL, Esq. Attorney for the Plaintiff

          MARY K. WALKER, Esq. Attorney for the Defendant

          CONFIDENTIALITY AGREEMENT BETWEEN DEFENDANT CRACKER BARREL OLD COUNTRY STORE, INC., AND PLAINTIFF LINDA KNOEFERL AND STIPULATED PROTECTIVE ORDER

          BRIAN K. EPPS UNITED STATES MAGISTRATE JUDGE

         THIS CAUSE came before this Court upon stipulation of Plaintiff Linda Knoeferl and Defendant Cracker Barrel Old Country Store, Inc. (hereinafter the "Parties"), by and through counsel. Having fully considered the parties' proposed agreed protective order and for good cause shown, IT IS HEREBY ORDERED THAT the agreed order is GRANTED subject to the following modifications:

(I) The Court and its authorized personnel are not parties to the agreement and are not bound by its terms; and
(II) Nothing in this protective order shall be construed as relieving any party from the obligation imposed by Local Rule 79.7 to file a motion seeking the sealing of confidential documents.

         ORDERED AND ADJUDGED:

         1. Each party may designate as CONFIDENTIAL INFORMATION any trade secret or other information believed in good faith by the designating party to be proprietary or confidential research, development, or commercial information.

         2. This Confidential Agreement and Protective Order (hereinafter "Agreement") shall be applicable to documents, certain discovery responses and deposition testimony, as defined by the Federal Rules of Civil Procedure, to be produced in the above-styled lawsuit pending in the Federal District Court for the Southern District of Georgia, Augusta Division (hereinafter referred to as the "Lawsuit"), and any other material or information hereafter furnished by or on behalf of any party or any person associated with any party in connection with this Lawsuit, that produced documents, information, or testimony (including by deposition or at trial), which contains or is designated as CONFIDENTIAL INFORMATION in accordance with the procedures set forth herein.

         3. For purposes of this Order, CONFIDENTIAL INFORMATION may include or be included in any document, physical object, tangible thing or the factual knowledge of persons. By way of example and not by limitation, CONFIDENTIAL INFORMATION may be expressed in recorded statements of counsel, transcripts, pleadings, motions, briefs, answers to interrogatories and other responses to discovery requests, drawings, compositions, devices, company records and reports, summaries, notes, abstracts and any other instrument. CONFIDENTIAL INFORMATION includes information that constitutes trade secrets or other confidential research, development or proprietary business information that a) is not generally available to others, b) is not readily determinable from other sources, c) has been treated as confidential by the Parties and d) is reasonably likely to lead to competitive injury if disclosed. The Parties shall use good faith in marking as CONFIDENTIAL INFORMATION only those documents that contain confidential information.

         4. Any information or documents produced at any time, either voluntarily or pursuant to order, orally or in writing in this litigation, which is asserted by any party to contain or constitute CONFIDENTIAL INFORMATION shall be so designated by that party in writing as follows:

A. Documents and things shall be clearly and prominently marked on their face with the legend: CONFIDENTIAL in an area that does not impede the visibility of the content of the document produced; and
B. If such CONFIDENTIAL INFORMATION is contained or given in any deposition testimony, trial testimony or any other testimony, the transcript may be designated as containing CONFIDENTIAL INFORMATION in accordance with this Agreement by notifying the Parties on the record at the time the testimony is given, or in writing within thirty (30) days of receipt of the transcript by specifying the specific pages and lines of the transcript which, based on a good faith determination that any portions so designated contain CONFIDENTIAL INFORMATION as defined herein. To the extent possible, any portions so designated shall be transcribed separately and marked by the court reporter as CONFIDENTIAL INFORMATION. Until expiration of the above thirty (30) day period, all deposition transcripts and information therein will be deemed CONFIDENTIAL INFORMATION.
C. By designating a document CONFIDENTIAL INFORMATION pursuant to this document, a party represents that it has made a bona fide, good faith determination that the document does, in fact, contain ...

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