Madden v. Experian Information Solutions, Inc. et al

Filing 69

STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge David S. Cayer on 11/25/2014. (cbb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
Diana L. Madden,
Plaintiff,
v.
Experian Information Solutions, Inc.;
Equifax Information Services, LLC;
Countrywide Home Loans, Inc. (n/k/a
BAC Home Loans Servicing, LP);
Real Time Resolutions, Inc.; and
GMAC Mortgage, LLC.,

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NO. 5:12-CV-162-RLV-DSC

Defendants.

STIPULATED PROTECTIVE ORDER
IT IS HEREBY STIPULATED by and between Plaintiff Diana L. Madden and
Defendants Experian Information Solutions, Inc. (“Experian”) and Equifax Information
Services, LLC., 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
“Confidential—Attorneys’ 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 Confidential—Attorneys 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. Any party filing
any document under seal must comply with the requirements of Civil Local Rule 6.1.
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
the other defendants, 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

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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
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 “Confidential—Attorneys’ 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 “Declaration of Compliance” that is attached hereto as Exhibit A; (b) Experts
specifically retained as consultants or expert witnesses in connection with this litigation
who have signed the “Declaration of Compliance” (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 the “Declaration of
Compliance” (Exhibit A); (e) the author of the document or the original source of the

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information; and (f) plaintiff, Diana L. Madden.
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 above-captioned 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 6 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 “Confidential—Attorneys’ Eyes
Only.
11.

This Order has 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
“Confidential—Attorneys’ Eyes Only nor 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.

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13.

In the event that any party to this litigation disagrees at any point in these

proceedings with any designation made under this Protective Order, the parties shall first
try to resolve such dispute in good faith on an informal basis. If the dispute cannot be
resolved, the party objecting to the designation may seek appropriate relief from this
Court. 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 “Confidential—Attorneys’ 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.
SO ORDERED.
Signed: November 25, 2014

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Dated: __________, _____

Respectfully submitted,
David Bouchard
JONES DAY
1420 Peachtree St., Suite 800
Atlanta, GA 30309
Telephone: [phone]
Facsimile: [phone]
Attorney for Defendant
Experian Information Solutions, Inc.

Dated: __________, _____

Respectfully submitted,

/s/ Tameika L. Montgomery
Tameika L. Montgomery (admitted PHV)
King & Spalding LLP
1180 Peachtree Street, NE
Atlanta, GA 30309-3521
[phone]
Facsimile: [phone]
Attorney for Defendant
Equifax Information Services LLC

Dated: __________, _____

Respectfully submitted,

Diana L. Madden, Pro Se
1380 5th Street circle, N.W.
Hickory, NC 28601
For Plaintiff

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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

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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 _____________, 2013 at __________________.

_______________________________
QUALIFIED PERSON

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