Univar USA, Inc. v. Thanos

Filing 67

ORDER granting in part and denying in part 33 Motion for Protective Order; granting 37 Motion to Compel; granting 47 Motion to Compel. Signed by Magistrate Judge David S. Cayer on 10/5/17. (tob)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:17-CV-338-MOC-DSC
UNIVAR, INC.,

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Plaintiff,
v.
TAYLOR THANOS,
Defendant.

ORDER

THIS MATTER is before the Court on non-party Chem-Solv, Inc.’s “Motion for
Protective Order” (document #33), “Plaintiff’s Motion to Compel Compliance with Subpoena to
Chem-Solv, Inc.” (document #37) and “Plaintiff’s Motion to Compel Discovery from Defendant”
(document #47), as well as the parties’ briefs and exhibits.
The Court has carefully considered the parties’ submissions, along with the record and
authorities.
On July 18, 2017, the Court entered an “Order on Consent Motion for Expedited
Discovery” (document #25) governing the forensic examination of Defendant’s electronic devices.
The Court concludes that this examination should be conducted with appropriate safeguards to
protect Chem-Solv’s confidential information. Accordingly, Chem-Solv’s Motion for Protective
Order (document #33) will be granted in part and denied in part. The Court will enter the
Protective Order attached as Exhibit D to “Plaintiff’s Memorandum … in Opposition …”
(document #39). Otherwise, the forensic examination will take place as previously ordered.
For the reasons stated in its briefs, “Plaintiff’s Motion to Compel Compliance with
Subpoena to Chem-Solv, Inc.” (document #37) is granted as set forth below. Chem-Solv’s

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production will be covered by the existing “Consent Protective Order” (document #12). Plaintiff
agrees that Chem-Solv may use an “Attorney’s Eyes Only” designation. See Plaintiff’s
“Memorandum of Law in Support …” at 12-13 (document #38). Accordingly, the Court will enter
an “Attorney’s Eyes Only” Protective Order as well.
For the reasons stated in its briefs, “Plaintiff’s Motion to Compel Discovery from
Defendant” (document #47) is granted as set forth below.
ACCORDINGLY, IT IS HEREBY ORDERED that:
1. Chem-Solv’s Motion for Protective Order (document #33) is GRANTED IN PART and
DENIED IN PART.

Plaintiff’s counsel is directed to send the above-referenced

Protective Order in Word format to the undersigned’s chambers forthwith. Otherwise, the
forensic examination will take place as provided by the “Order on Consent Motion for
Expedited Discovery” (document #25).
2. “Plaintiff’s Motion to Compel Compliance with Subpoena to Chem-Solv, Inc.” (document
#37) is GRANTED.

Within ten days from this Order, Plaintiff and Chem-Solv shall

submit a consent protective order including an “Attorney’s Eyes Only” designation. If they
are unable to agree, each shall submit its proposed order.
3. “Plaintiff’s Motion to Compel Discovery from Defendant” (document #47) is GRANTED.
Within fifteen days of this Order, Defendant shall make full and complete responses to
Plaintiff’s discovery requests. In the event Defendant contends she has previously made a
full and complete response to a particular request, she shall so state in a verified discovery
response.
4. The Clerk is directed to send copies of this Order to the parties’ counsel; and to the
Honorable Max O. Cogburn, Jr.

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SO ORDERED.
Signed: October 5, 2017

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