Stumler v. ACI Worldwide, Inc.

Filing 14

CONSENT PROTECTIVE ORDER. Signed by Magistrate Judge David S. Cayer on 1/2/18. (mga)

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

GREG STUMLER,
Plaintiff
v.
ACI WORLDWIDE, INC.,
Defendant

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Civil Action No. 3:17-cv-468-RJC-DSC

CONSENT PROTECTIVE ORDER

THIS MATTER is before the Court upon joint stipulation of the Parties, Plaintiff Greg
Stumler (hereafter “Plaintiff”) and Defendant ACI Worldwide, Inc. (hereafter “Defendant”), for a
protective order. Pursuant to the consent of the parties, this Protective Order governing certain
records, documents and information should be entered in this matter for the reason that one or both
parties assert that this information is confidential, sensitive and/or proprietary.
The Parties therefore stipulate that:
1.

“Confidential Material” as used herein refers to any personnel or business records,

documents, or any other confidential or personnel-related information, however described, which
may include business records, tax records, medical documents, and other confidential agreements
or materials the parties may have. Copies of any such information that a party contends is
confidential may be stamped “CONFIDENTIAL” and/or be identified as “CONFIDENTIAL” or
subject to a protective order in response to discovery requests. Such information shall be
designated as CONFIDENTIAL only upon a good faith belief that the information falls within this
definition.
2.

All Confidential Material in whatever form subject to this Protective Order, shall

be used by the receiving party only in connection with the above-referenced action, Stumler v. ACI

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Worldwide, Inc., pending in the United States District Court for the Western District of North
Carolina, and shall not be used in connection with any other lawsuit or for any other purpose
whatsoever.
3.

Absent the express written consent of the producing party or further court order, all

Confidential Material subject to this Protective Order may only be revealed as follows:
(a)
(b)

To attorneys of record for the parties in this litigation, including any
attorneys, law clerks, paralegals, legal assistants, technology specialists and
clerical employees of their respective law firms assisting in this action
(“Outside Counsel”);

(c)

in-house counsel for those parties which are legal entities, insurance
adjusters assigned to this case by an insurance company that may be
obligated in whole or in part to pay for the defense, settlement and/or
judgment in this case, and employees or independent contractors (i.e.
contract lawyers, document imaging and electronic discovery companies,
computer forensic companies, litigation support companies, and others) of
such attorneys of record and/or in-house counsel to whom it is necessary
that the Confidential Material be shown for purposes of this litigation;

(d)

To each party to this case or, where the party is a legal entity, such party’s
representatives;

(e)

To court reporters and/or videographers retained for use in this matter;

(f)

To any deponent (solely for the purposes of his/her deposition or
preparation for that deposition) if such information is reasonably likely to
be relevant to the deposition;

(g)

To any witness if such information is reasonably likely to be relevant to that
witness’s knowledge or subject matter of testimony, but the witness shall
not be able to retain any Confidential Material;

(h)

To any person who is indicated, on the face of a document containing such
information, to be the author or recipient of such document, or who, during
a deposition, is established as knowledgeable of the contents of such
document;

(i)

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To the Court;

To independent experts working on behalf of a party for the purposes of this
litigation who have agreed to abide by the terms of this Order; and

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(j)

4.

To any person designated as a mediator by Court Order or by agreement of
the parties after such person executes a copy of Acknowledgement (Exhibit
A) and agrees to be bound by this Order/Agreement to abide by the terms
of this Order shall be evidenced by compliance with the provisions of
Paragraph 4 of this Order.

No person shall be allowed to disclose, by any means whatsoever, any such

information or any notes arising therefrom to any person in paragraphs 3(c) through (j) until such
a person to whom disclosure is to be made has:
(a)
(b)

5.

Read this Order in its entirety; and
Signed the “Confidentiality Agreement” attached as Exhibit A to this Order,
which shall be retained by the signing party’s Outside Counsel of record in
this action.

No person who examines any Confidential Material produced pursuant to this

Order shall disseminate orally, in writing, or by any other means any such Confidential Material
to any other person not also authorized to examine Confidential Material under the terms of this
Order.
6.

If original Confidential Material are produced for inspection pursuant hereto, the

producing party and its attorneys of record have the right to have a person present in the inspection
room at all times during the inspection of such documents. The original documents produced under
the terms of this Order shall remain in the custody and control of the producing party at all times.
7.

Execution of this Protective Order shall not constitute a waiver of the right of any

party to claim in these actions or otherwise that any Confidential Material, or any portion thereof,
is privileged or otherwise non-discoverable, or is not admissible in evidence in this action or any
other proceeding. This Order does not address discovery objections nor preclude either party from
moving for any relief cognizable under the Federal Rules of Civil Procedure, the Local Rules, or
this Court’s inherent power. Failure of any party to challenge any designation under this Order

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shall not constitute an admission that any material designated as Confidential Material is, in fact,
Confidential Material. Nothing in this Order abridges the right of any party to seek its modification
by the Court in the future. Nothing in this Order shall preclude or impede Outside Counsel’s
ability to communicate with or advise their client based on their review and evaluation of
Confidential Material produced by the opposing party, provided that such communications or
advice shall not disclose or reveal Confidential Material in violation of this Order.
8.

The inadvertent production of document(s) or material subject to the attorney-client

privilege, work product doctrine or any other privilege or immunity does not constitute a waiver.
Promptly upon learning of the inadvertent disclosure, however, the producing party must notifying
the receiving party of the inadvertent production and request return or destruction of the
documents. The receiving party must promptly return or confirm destruction of all copies of such
materials; but doing so shall not preclude the receiving party from seeking to compel production
of those materials, nor constitute an admission that the materials were, in fact, privileged, and the
producing party must preserve any such documents.
9.

Documents that have been labeled CONFIDENTIAL by either party shall, if filed

as an attachment to any filing in this action via the Court’s ECF system, be filed under seal, with
access limited to parties and attorneys of record in the matter. The parties are granted leave to file
Confidential Material under seal for consideration by the Court.
10.

Subject to the Federal Rules of Evidence and any final pretrial filing or order

identifying trial exhibits, Confidential Material may be offered in evidence at trial or any court
hearing. Any party may move the Court for an order that the evidence be received in camera or
under other conditions to prevent unnecessary disclosure. The Court will then determine whether
the proffered evidence should continue to be treated as confidential and, if so, what protection, if

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any, may be afforded to such information.
11.

At the conclusion of the action, counsel for each party may retain one complete set

of all documents and exhibits that have been produced in the litigation. All other copies of
information produced which has been stamped or otherwise deemed “CONFIDENTIAL” pursuant
to this Protective Order, and all notes arising from the examination of such information, with the
exception of notes made by an attorney for a party which contain the mental impressions, opinions,
conclusions, or legal theories of the attorney, taken by whomever and whatever form, shall be
surrendered to the producing party for destruction at the conclusion of the final proceedings of this
lawsuit. All such information in the possession of counsel shall be either returned to the producing
party or destroyed by counsel, at his or her option, within sixty (60) days of receiving written
request from a party for such information. Nothing in this Order shall prevent counsel for each
party from retaining a complete record of the action for their files.
12.

All information designated as confidential shall retain that designation and shall

remain subject to this Order until such time, if ever, as the Court renders a decision that any
challenged information shall not be covered by the terms of this Order and all proceedings and
appeals challenging such decision have been concluded.
SO ORDERED.

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Signed: January 2, 2018

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As stipulated this the 1st day of January, 2018.

KOLEY JESSEN P.C., L.L.O

FINLON LAW PLLC

/s/ Margaret C. Hershiser

/s/ Kristen E. Finlon

Margaret C. Hershiser, NE #19545
Pro hac vice
David A. Yudelson, NE #23257
Pro hac vice
One Pacific Place, Suite 800
1125 South 103rd Street
Omaha, NE 68124-1079
[phone]
[phone] (facsimile)
[e-mail]
[e-mail]

Kristen E. Finlon, N.C. Bar # 39252
[e-mail]
P.O. Box 9661
Charlotte, NC 28299
Telephone: [phone]
Facsimile: [phone]
ATTORNEY FOR PLAINTIFF

NEXSEN PRUET
/s/ C. Grainger Pierce Jr.
C. Grainger Pierce Jr., #27305
Kathleen Burchette #45891
227 West Trade Street, Suite 1550
Charlotte, NC 28202
[phone]
[phone] (facsimile)
[e-mail]

ATTORNEYS FOR DEFENDANTS

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EXHIBIT A
STATE OF NORTH CAROLINA
CONFIDENTIALITY AGREEMENT
COUNTY OF ______________________
I have read the Consent Protective Order (“Protective Order”) concerning the confidentiality of
information in the above-captioned litigation. I understand that the Protective Order is a Court order
designed to preserve the confidentiality of certain Confidential Materials. I also understand that the
Protective Order restricts the use, disclosure and retention of such Confidential Information and also
requires the safeguarding and return of documents and other materials containing Confidential
Information.
I agree to comply with all provisions of the Protective Order. I also hereby submit myself to the
jurisdiction of the Court for the purpose of enforcement of any provision of the Protective Order.

Dated: ______________________

_______________________________________
(Signature)
Printed Name:
Company Name/Address/Phone:

Sworn to and subscribed before me this ______ day of ___________________, 2018.

_______________________________________
Notary Public

(SEAL)

Print Name: _____________________________
My Commission Expires: __________________

Personally known to me [ ] or produced identification [ ]
Type of identification:____________________________

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