Stebbins v. Trans Union LLC

Filing 16

STIPULATED PROTECTIVE ORDER - Signed by District Judge Louise Wood Flanagan on 12/8/2016. (Baker, C.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
Western Division
Civil No. 5:16-cv-00630-FL
THOMAS ALLAN STEBBINS,
Plaintiff,
v.
TRANS UNION LLC,
Defendant.

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STIPULATED PROTECTIVE
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ORDER
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This Stipulated Protective Order is issued to facilitate the exchange of documents and
information. Unless modified pursuant to the terms contained in this Order, this Order shall
remain in effect through the conclusion of this litigation.
1.

Thomas Alan Stebbins (“Plaintiff”) filed this lawsuit (the “Litigation”)

against Defendant Trans Union LLC (“Defendant”), alleging that Defendant is liable to
Plaintiff for damages resulting from alleged violations of the Fair Credit Reporting Act, 15
U.S.C. § 1681, et seq. (“FCRA”). In connection with the Litigation, Plaintiff has sought
discovery or testimony regarding certain of Defendant’s confidential and proprietary trade
secrets and other business information (such as Defendant’s confidential policies,
procedures, and contracts) and Defendant has sought discovery or testimony regarding the
personal and financial information of Plaintiff (collectively referred to as the
“Confidential Information”).

Plaintiff and Defendant maybe collectively referred to

herein as “the Parties” or individually as a “Party.” As a means of avoiding continued
dispute with respect to any Parties’ requests for Confidential Information, the Parties have
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agreed to produce certain Confidential Information pursuant to the terms of this Order.
2.

All Confidential Information shall only be utilized by the Parties in

connection with the Litigation and in accordance with the terms and conditions of this Order.
3.

The Parties shall have the right to designate as Confidential Information any

part or the whole of any answers to discovery, answers to interrogatories, answers to
requests for admission, deposition transcripts, responses to production requests,
documents, expert reports, disclosures, exhibits, trial or deposition testimony or other
information that the Parties deem to be confidential.

Any document, discovery,

testimony, or other information that the Parties have designated as Confidential
Information shall constitute Confidential Information, both in form and substance.
4.

The Confidential Information provided by any of the Parties shall be used

strictly in accordance with the terms in this Order. At no time shall the Confidential
Information be disclosed to or used by any person, corporation, or entity in competition
with or against any of the Parties.
5.

The Parties may designate any document, discovery, or other information as

Confidential Information by an appropriate marking that prominently displays the words
“Confidential” or “Confidential Information”. Deposition testimony can be designated by
the Parties as Confidential Information. Such designation will be made on the record if
possible, but the Parties can designate portions of such testimony as Confidential
Information by providing written notice of such designation to the opposing Parties
within thirty (30) days of receipt of the transcribed testimony by counsel. Until thirty

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(30) days after receipt of the transcribed testimony, such testimony shall be treated by the
Parties as Confidential Information.
6.

The Parties, their attorneys, or anyone else acting on their behalf shall take

such precautions with the Confidential Information as are necessary to strictly maintain
its confidentiality and comply with the terms of this Order.
7.

Unless otherwise ordered by the Court, or agreed to in writing by the

Parties, information designated by any of the Parties as Confidential Information shall not
be revealed to any person or entity except:
(i)

the Parties, their attorneys and their attorneys’ support staff employees who
perform work tasks related to this case;

(ii)

qualified persons taking testimony involving such material and necessary
stenographic and clerical personnel;

(iii)

expert witnesses and their staff employed for this litigation after such
experts have signed the acknowledgment attached as Exhibit A;

(iv)

present or former employees of the producing Party in connection with their
depositions in this action, including witnesses produced pursuant to Fed. R.
Civ. P. 30(b)(6);

(v)

witnesses who are deposed in this action or who are called to testify as
witnesses at any hearing in this action, but only in preparation for the
deposition or hearing and only as to such material in which the witness is
identified as an originator, author, addressee, or recipient of the original or a

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copy;
(vi)

outside professional vendors that provide litigation support services, such as
photocopying, imaging, videotaping, exhibit preparation, etc. after such
vendors have signed the acknowledgment attached as Exhibit A, and

(vii)

the Court and Court personnel.

8.

In the event the Parties intend to file Confidential Information with the

Court, they shall file it under seal pursuant to the requirements of the Court for filing
documents under seal. Each time a Party seeks to file under seal confidential documents,
things, and/or information, said Party shall accompany the request with a motion to seal
and a supporting memorandum of law specifying (a) the exact documents, things, and/or
information, or portions thereof, for which filing under seal is requested; (b) where it is
necessary for the court to determine the source of the public’s right to access before a
request to seal may be evaluated, whether any such request to seal seeks to overcome the
common law or the First Amendment presumption to access; (c) the specific qualities of
the material at issue which justify sealing such material, taking into account the balance
of competing interests in access; (d) the reasons why alternatives to sealing are
inadequate; and, (e) whether there is consent to the motion. Finally, in addition to the
motion and supporting memorandum, said Party must set out such findings in a proposed
order to seal for the court.
9.

In the event that any Party disagrees with any designation made under this

Order, the Parties shall first try in good faith to resolve the disagreement informally. If

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the dispute cannot be resolved and the receiving Party concludes in good faith that the
materials have been improperly classified, the receiving Party shall notify the designating
Party in writing by facsimile or by electronic transmission of its objection, but shall
continue to maintain the documents or other information as confidential for fifteen (15)
business days after such notice. The designating Party shall have the right to move the
Court to retain the designated status of such materials. If the designating Party files such
a motion within the fifteen (15) business day period, the receiving Party shall continue to
retain the materials as CONFIDENTIAL, consistent with the designating Party’s
designation, until the Court has ruled on the designating Party’s motion.
10.

This Order shall govern pretrial proceedings only, and nothing set forth

herein prohibits the use at trial of any Confidential Information or affects the admissibility
of any evidence.

The procedures to govern the use and disclosure of Confidential

Information at trial shall be subject to a further order of the Court.
11.

Nothing herein shall be construed as limiting a Party’s use of its own

Confidential Information and such use shall not constitute a waiver of the terms of this
Order or the status of such information as Confidential Information. Any of the Parties
can remove their designation of Confidential Information from any information it has
previously so designated.
12.

The Parties cannot use or disclose any Confidential Information in any

pretrial court proceeding that is open to persons not authorized to have access to such
Confidential Information under the terms of this Order. This provision does not limit the

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right of any of the Parties to file any Confidential Information under seal as described
above or submit any Confidential Information in camera to the Court.
13.

Third parties who are the subject of discovery requests, subpoenas or

depositions in this case may take advantage of the provisions of this Protective Order by
providing the Parties with written notice that they intend to comply with and be bound by
the terms of this Protective Order.
14.

Within sixty (60) days after the final resolution of the Litigation, including

any appellate proceeding, the Parties agree to return to opposing counsel, or destroy, the
original and any copies of any Confidential Information produced.
8th
SO ORDERED, this ________day of December, 2016.

LOUISE WOOD FLANAGAN
UNITED STATES DISTRICT JUDGE

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AGREED:

/s/ Asa Edwards, IV
EDWARD H. MAGINNIS
N.C. Bar No. 39317
ASA COVINGTON EDWARDS, IV
N.C. Bar No. 46000
MAGINNIS LAW, PLLC
4801 Glenwood Ave, Suite 310
Raleigh, NC 27612
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Counsel for Plaintiff

/s/ Joseph W. Williford
JOSEPH W. WILLIFORD
N.C. Bar No. 10111
KELLY STREET BROWN
N.C. Bar No. 37829
YOUNG MOORE & HENDERSON,
P.A.
Post Office Box 31627
Raleigh, North Carolina 27622
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Local Civil Rule 83.1 Counsel for
Defendant TransUnion LLC
and
PAUL L. MYERS
TX Bar No. 14765100
STRASBURGER & PRICE, LLP
2600 Dallas Parkway, Suite 600
Frisco, TX 75034
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Counsel for Defendant Trans Union LLC

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EXHIBIT A
The undersigned has read and understands the terms of the Agreed
Protective/Confidentiality Order effective in this case, Thomas Allan Stebbins v. Trans
Union LLC, Civil Action No. 5:16-cv-00630-FL, which is currently pending in the
United States District Court for the Eastern District of North Carolina, Western Division.
The undersigned agrees (i) to abide by the terms of the Agreed Protective/Confidentiality
Order; (ii) not to use or divulge, under penalty of law, any documents, materials or other
information covered by the Agreed Protective/Confidentiality Order, including
Confidential Information, except as permitted by the terms of the Agreed
Protective/Confidentiality Order; and (iii) to submit to the jurisdiction of the United
States District Court for the Eastern District of North Carolina, Western Division for
resolution of any issues arising under the Agreed Protective/Confidentiality Order.

Dated:

Signed:
Printed: