Phonsavath v. Experian Information Solutions, Inc. et al

Filing 25

STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge David Keesler on 9/20/12. (bsw)

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

Intha Phonsavath,
Plaintiff,
v.
Experian Information Solutions, Inc., and
Equifax Information Services, LLC,
Defendants.

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Case No. 3:12-cv-00119-RJC-DCK

STIPULATED PROTECTIVE ORDER

Mareasa M. Fortunato
JONES DAY
1420 Peachtree Street N.E. Suite 800
Atlanta, Georgia 30309
Telephone:
404.581.8643
Facsimile:
404.581.8330
Attorneys for Defendant
Experian Information Solutions, Inc.

IT IS HEREBY STIPULATED by and between Plaintiff Intha Phonsavath, Defendant
Experian Information Solutions, Inc. (“Experian”), and Defendant Equifax Information Services
(“Equifax”), through their respective attorneys of record, as follows:
WHEREAS, documents and information have been and may be sought, produced or
exhibited by and among the parties to this action relating to trade secrets, confidential research,
development, technology or other proprietary information belonging to the defendants and/or
personal income, credit and other confidential information of Plaintiff.
THEREFORE, an Order of this Court protecting such confidential information shall be and
hereby is made by this Court on the following terms:
1.
This Order shall govern the use, handling and disclosure of all documents, testimony
or information produced or given in this action which are designated to be subject to this Order in
accordance with the terms hereof.
2.
Any party or non-party producing or filing documents or other materials in this action
may designate such materials and the information contained therein subject to this Order by typing
or stamping on the front of the document, or on the portion(s) of the document for which
confidential treatment is designated, “Confidential.”
3.
If a Producing Party believes in good faith that, despite the provisions of this
Protective Order, there is a substantial risk of identifiable harm if particular documents it designates
as “Confidential” are disclosed to all other Parties or non-parties to this action, the Producing Party
may designate those Particular documents as “Confidential¾Attorneys Eyes’ Only.”
4.
To the extent any motions, briefs, pleadings, deposition transcripts, or other papers
to be filed with the Court incorporate documents or information subject to this Order, the party filing
such papers shall designate such materials, or portions thereof, as “Confidential,” or ConfidentialAttorneys Eyes Only and shall file them with the clerk under seal; provided, however, that a copy
of such filing having the confidential information deleted therefrom may be made part of the public
record.
5.
All documents, transcripts, or other materials subject to this Order, and all
information derived therefrom (including, but not limited to, all testimony, deposition, or otherwise,
that refers, reflects or otherwise discusses any information designated Confidential hereunder), shall
not be used, directly or indirectly, by any person, including Equifax, for any business, commercial
or competitive purposes or for any purpose whatsoever other than solely for the preparation and trial
of this action in accordance with the provisions of this Order.
6.
Except with the prior written consent of the individual or entity designating a
document or portions of a document as “Confidential,” or pursuant to prior Order after notice, any
document, transcript or pleading given “Confidential” treatment under this Order, and any
information contained in, or derived from any such materials (including but not limited to, all

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deposition testimony that refers, reflects or otherwise discusses any information designated
confidential hereunder) may not be disclosed other than in accordance with this Order and may not
be disclosed to any person other than: (a) the Court and its officers; (b) parties to this litigation; (c)
counsel for the parties, whether retained counsel or in-house counsel and employees of counsel
assigned to assist such counsel in the preparation of this litigation; (d) fact witnesses subject to a
proffer to the Court or a stipulation of the parties that such witnesses need to know such information;
(e) present or former employees of the producing party in connection with their depositions in this
action (provided that no former employees shall be shown documents prepared after the date of his
or her departure); and (f) experts specifically retained as consultants or expert witnesses in
connection with this litigation.
7.
Except with the prior written consent of the individual or entity designating a
document or portions of a document as “Confidential¾Attorneys Eyes Only”, or pursuant to prior
Order after notice, any document, transcript or pleading given “Confidential-Attorneys Eyes Only”
treatment under this Order, and any information contained in, or derived from any such materials
(including but not limited to, all deposition testimony that refers, reflects or otherwise discusses any
information designated confidential hereunder) may not be disclosed other than in accordance with
this Order and may not be disclosed to any person other than: (a) the Receiving Party’s Outside
Counsel of record in this action, as well as employees of said Counsel to whom it is reasonably
necessary to disclose the information for this litigation and who have signed the “Agreement to Be
Bound by Protective Order” that is attached hereto as Exhibit A; (b) Experts specifically retained
as consultants or expert witnesses in connection with this litigation who have signed Exhibit A; (c)
the Court and its personnel; (d) court reporters, their staffs, and professional vendors to whom
disclosure is reasonably necessary for this litigation and who have signed Exhibit A; and (e) the
author of the document or the original source of the information.
8.
Documents produced pursuant to this Order shall not be made available to any person
designated in Subparagraph 6(f) or 7(b) unless he or she shall have first read this Order, agreed to
be bound by its terms, and signed the attached Declaration of Compliance.
9.
All persons receiving any or all documents produced pursuant to this Order shall be
advised of their confidential nature. All persons to whom confidential information and/or
documents are disclosed are hereby enjoined from disclosing same to any person except as provided
herein, and are further enjoined from using same except in the preparation for and trial of the abovecaptioned action between the named parties thereto. No person receiving or reviewing such
confidential documents, information or transcript shall disseminate or disclose them to any person
other than those described above in Paragraph 5 and Paragraph 7 and for the purposes specified, and
in no event shall such person make any other use of such document or transcript.
10.
Nothing in this Order shall prevent a party from using at trial any information or
materials designated “Confidential” or “Confidential¾Attorneys’ Eyes Only.
11.
This Order bas been agreed to by the parties to facilitate discovery and the production
of relevant evidence in this action. Neither the entry of this Order, nor the designation of any
information, document, or the like as “Confidential,” or “Confidential¾Attorneys’ Eyes Only, nor

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the failure to make such designation, shall constitute evidence with respect to any issue in this
action.
12.
Within sixty (60) days after the final termination of this litigation, all documents,
transcripts, or other materials afforded confidential treatment pursuant to this Order, including any
extracts, summaries or compilations taken therefrom, but excluding any materials which in the good
faith judgment of counsel are work product materials, shall be returned to the individual or entity
having produced or furnished same.
13.
A party may object at any time to the designation of particular Confidential Material
by giving written notice to the party designating the disputed information. The written notice shall
identify the information to which the objection is made. If the parties cannot resolve the objection
in good faith within ten (10) business days after the time the notice is received, the party objecting
to the designation shall have the obligation to file an appropriate motion within twenty (20) business
days requesting that the Court determine whether the disputed information should be subject to the
terms of this Protective Order. In connection with a motion filed under this provision, the party
designating the information as Confidential shall bear the burden of establishing that good cause
exists for the disputed information to be treated as Confidential. During the pendency of any
challenge to the designation of a document or information, the designated document or information
shall continue to be treated as “Confidential” or “Confidential¾Attorneys’ Eyes Only subject to the
provisions of this Protective Order.
14.
Nothing herein shall affect or restrict the rights of any party with respect to its own
documents or to the information obtained or developed independently of documents, transcripts and
materials afforded confidential treatment pursuant to this Order.
15.
The Court retains the right to allow disclosure of any subject covered by this
stipulation or to modify this stipulation at any time in the interest of justice.
Dated: September __, 2012
Respectfully submitted,

Mareasa M. Fortunato
JONES DAY
1420 Peachtree Street N.E. Suite 800
Atlanta, Georgia 30309
Telephone:
404.581.8643
Facsimile:
404.581.8330
Attorneys for Defendant
Experian Information Solutions, Inc.

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Dated: September __, 2012
Respectfully submitted,

David G. Guidry
King & Spalding LLP
100 North Tryon Street Suite 3900
Charlotte, North Carolina 28202
Phone: [phone]
Fax: [phone]
Attorneys for Defendant
Equifax Information Services, LLC

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Dated: September __, 2012
Respectfully submitted,

Robert John Lamb
Weisberg & Meyers, LLC
5025 N. Central Ave. #602
Phoenix, Arizona 85012
Phone: [phone]
Fax: [phone]
Attorneys for Plaintiff
Intha Phonsavath

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IT IS SO ORDERED.
Signed: September 20, 2012

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EXHIBIT A
DECLARATION OF COMPLIANCE
I, _______________________________________, declare as follows:
1. My address is _______________________________________________.
2. My present employer is _______________________________________.
3. My present occupation or job description is _______________________.
4. I have received a copy of the Stipulated Protective order entered in this action on
_______________, 20__.
5. I have carefully read and understand the provisions of this Stipulated Protective
order.
6. I will comply with all provisions of this Stipulated Protective order.
7. I will hold in confidence, and will not disclose to anyone not qualified under the
Stipulated Protective Order, any information, documents or other materials produced subject to
this Stipulated Protective order.
8. I will use such information, documents or other materials produced subject to this
Stipulated Protective Order only for purposes of this present action.
9. Upon termination of this action, or upon request, I will return and deliver all
information, documents or other materials produced subject to this Stipulated Protective order,
and all documents or things which I have prepared relating thereto, which documents are the
subject of the Stipulated Protective order, to my counsel in this action, or to counsel for the party
by whom I am employed or retained or from whom I received the documents.
10. I hereby submit to the jurisdiction of this Court for the purposes of enforcing the
Stipulated Protective order in this Action.

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I declare under penalty of perjury under the laws of the United States that the following
is true and correct.
Executed this __ day of _______________, 2012 at _______________________.

___________________________________
QUALIFIED PERSON

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