DENNIS L. HOWELL, Magistrate Judge.

Pending before the Court are the Consent Motions for Protective Order [#31 in 1:12cv209 and 1:12cv204; #32 in 1:12cv206 and 1:12cv200 and 1:12cv199; # 29 in 1:12cv203; #41 in 1:12cv198]. The parties jointly move for the entry of a protective order negotiated by the parties that provides for the disclosure of confidential documents. Upon a review of the consent protective order and the record, the Court GRANTS the motions [#31 in 1:12cv209 and 1:12cv204; #32 in 1:12cv206 and 1:12cv200 and 1:12cv199; #29 in 1:12cv203; #41 in 1:12cv198]. The Court INCORPORATES the terms of the Protective Orders [#31-1 in 1:12cv209 and 1:12cv204; #32-1 in 1:12cv206 and 1:12cv200 and 1:12cv199; #29-1 in 1:12cv203; #41-1 in 1:12cv198] into the body of this Order.

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION

CONSENT PROTECTIVE ORDER

This Consent Protective Order is entered based on the consent of Plaintiffs Christopher Goetz, Vicki Goetz, Jack Herzberg, Kristine Hertzberg, Michael Lavigna, Heather Lavigna, Gelnn Lysack, Elan Manham, Vera Manham, Roger Pinkham, Jennifer Pinkham, Allen Boyken Robinson, and Jennifer Robinson (each a "Plaintiff" and collectively the "Plaintiffs") and Defendant SunTrust Bank ("Defendant"),in this matter (each a "Party" and collectively the "Parties").

WHEREAS, the Parties wish to engage in discovery in this action, which requires the production of documents and information;

WHEREAS, it appears that the discovery process in this action may involve the limited production of banking information that a Party may contend is confidential and/or proprietary and that good cause exists for the entry of an Order limiting the disclosure of such information;

WHEREAS, the Parties desire to establish a procedure regarding the protection of certain documents and information so that discovery may proceed in an orderly and expedited manner;

Based upon the foregoing, and for good cause shown, IT IS HEREBY ORDERED that:

1. Any Party may designate information or documents produced or furnished by that Party during the course of this proceeding as "Confidential Information." Such a designation shall constitute a representation by the Party and its counsel that they, in good faith, believe that the material so designated contains or constitutes, at the time of the designation, commercial or business information, personnel information or other information of a non-public nature considered by the producing Party to be sensitive, confidential and/or proprietary.

2. Any document or information that a Party deems to contain Confidential Information shall be labeled by such Party on each page of such document with the designation "Confidential."

3. Confidential Information, which herein includes any copies thereof, shall not be publicly disclosed or disseminated, directly or indirectly, by any person or entity with knowledge of this Protective Order except in accordance with the terms of this Protective Order. Confidential Information may be used only for the prosecution or defense of the above-captioned proceeding and not for any other pending or threatened proceeding, or any other purpose. Except as expressly permitted herein or by further order of this Court, all Confidential Information shall be maintained and kept by the other Party in this case in a confidential manner. Confidential Information shall not be given, shown, disclosed, disseminated or described, directly or indirectly, to any person(s) other than those set forth in paragraph 4 hereof.

4. The following persons shall be the only persons permitted to have access to Confidential Information and such access shall be subject to the limitations set forth below:

5. All persons receiving any Confidential Information under paragraph 4(c) above shall first sign an Acknowledgment that reflects their commitment to preserve the confidentiality of all information so designated.

6. Any Confidential Information which is filed with the Court shall be filed under seal in accordance with the Federal Rules of Civil Procedure and/or the applicable local rules and with the legend "Confidential" and a statement substantially in the following form:

7. If a Party desires to designate any portion of a deposition as Confidential Information, the designating Party shall have thirty (30) days after receipt of the transcript to designate portions of the transcript as Confidential Information and inform counsel of record in writing of such designation.

8. If a Party inadvertently fails to designate a document or other information as Confidential Information, that Party may thereafter designate the document or other information as Confidential Information provided that the Party gives prompt, written notice of the desired designation to all Parties after discovery of any failure to designate. Thereafter, such document or information shall be subject to the provisions of this Protective Order and shall be treated as so designated from the date written notice of the designation is provided to the other Party. Any inadvertent or unintentional disclosure by the supplying Party of Confidential Information (regardless of whether the information was so designated at the time of disclosure), or of documents or information protected from disclosure by the attorney-client privilege or the attorney work-product doctrine, shall not be deemed a waiver in whole or in part of a Party's claim of confidentiality, attorney-client or work-product privileges, provided that the supplying Party has given notification to the persons or entities to which disclosure was made with reasonable promptness after it learns of such inadvertent or unintentional disclosure.

9. Within thirty (30) days after the conclusion of this litigation, the receiving Party shall return all originals and copies of each document that another Party has designated as Confidential Information to the designating Party. If there is a disagreement among the parties regarding the ultimate disposition of Confidential Information, such disagreement shall be subject to a final order of the Court on the completion of litigation.

10. In the event that a Party disagrees with the designation of Confidential Information by the other Party, the Parties shall try first to resolve such dispute in good faith before seeking intervention of the Court.

11. Nothing in this Order shall prevent disclosures beyond the terms of this Order: (a) by the Party that designated the information as Confidential Information, (b) if the Party that designated the information as Confidential Information consents to such disclosure, or (c) if the Court, after notice to all affected Parties, orders such disclosure.

12. If, in another action or proceeding, any person possessing Confidential Information receives or has received a subpoena, summons, or demand which seeks Confidential Information, the person receiving the subpoena or document demand (a) shall, to the extent not prohibited by law, give written notice by email within two business days of the receipt of such subpoena or demand to undersigned counsel for the Party or Parties that produced and/or designated the Confidential Information and (b) shall, to the extent not prohibited by law, withhold production of the subpoenaed material until any dispute relating to the production of such material is resolved.

13. Nothing in this Order shall prevent any producing Party from seeking additional protection regarding the production, use or disclosure of Confidential Information in connection with any hearing or other proceeding in this Action. Nothing in this Order shall prevent any Party from opposing the production of any information for reasons other than confidentiality.