Gaston et al v. LexisNexis Risk Solutions, Inc. et al

Filing 57

STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge David Keesler on 9/25/2018. (tmg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL ACTION NO. 5:16-CV-009-MOC-DCK
DELORIS GASTON, AND
LEONARD GASTON,
Plaintiffs,
v.
LEXISNEXIS RISK SOLUTIONS, INC., and
POLICEREPORTS.US, LLC,
Defendants.

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JOINT STIPULATED PROTECTIVE ORDER AND
APPROVED CONFIDENTIALITY AGREEMENT
IT IS HEREBY STIPULATED by and between Plaintiffs Leonard Gaston and Deloris
Gaston (collectively, “Plaintiffs”) and Defendants LexisNexis Risk Solutions Inc. and
PoliceReports.US, LLC (collectively, “Defendants”) through their respective attorneys of record,
as follows:
WHEREAS, documents, testimony and information have been and may be sought,
produced or exhibited by and among the parties relating to trade secrets, proprietary systems,
confidential commercial information, confidential research and development, or other
proprietary information belonging to Defendants and/or credit and other confidential information
of Plaintiffs and third parties.
THEREFORE, this Court orders as follows:
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.

2.

Any documents, testimony or information submitted, either voluntarily or

pursuant to any subsequent order, which is asserted in good faith by the producing party or by
any other party to contain or constitute information protected by Federal Rule of Civil Procedure
26(c) or other provision of law asserted by the producing party, shall be so designated in writing,
or orally at a deposition, hearing or trial and shall be segregated from other information being
submitted. Materials so designated shall be clearly marked on their face with the legend:
“CONFIDENTIAL” or “CONFIDENTIAL-ATTORNEY’S EYES ONLY.” Such documents,
transcripts, or other materials are referred herein as “CONFIDENTIAL MATERIALS” and
“CONFIDENTIAL-AEO MATERIALS,” respectively.
3.

A party wishing to designate portions of a deposition transcript CONFIDENTIAL

pursuant to this Order must, within two (2) business days from the conclusion of the deposition,
order the original or a copy of the transcript of the deposition from the court reporter for regular
turnaround.

The designating party may designate those portions of the transcript

CONFIDENTIAL or CONFIDENTIAL-ATTORNEY’S EYES ONLY, in accordance with
paragraph 2 of this Order. The designating party shall designate such CONFIDENTIAL
MATERIAL or CONFIDENTIAL-AEO MATERIAL either on the record or by serving upon all
counsel of record via facsimile or other electronic transmission a Notice setting forth the page,
line numbers and designation. The designating party must serve such Notice within ten (10)
calendar days after its counsel receives a copy of the deposition transcript. All transcripts
ordered within two (2) business days from the conclusion of the deposition will be treated as
confidential until the expiration of the ten (10) day period described in this paragraph. Any
portions of a transcript designated as confidential shall thereafter be treated as confidential in
accordance with this Order. The parties shall negotiate in good faith to alter the time frames set

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forth in this paragraph in situations where a more expedited filing of a designated portion of the
deposition transcript is required.
4.

All CONFIDENTIAL MATERIALS and CONFIDENTIAL-AEO MATERIALS,

and all information derived therefrom (including but not limited to all testimony, deposition or
otherwise, that refers, reflects or otherwise discusses any such materials), shall not be used,
directly or indirectly, by any person 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 this Order.
5.

In the absence of prior written permission from the designating party or an order

by the Court, CONFIDENTIAL MATERIALS shall not be disclosed to any person other than:
(i) the parties and their attorneys of record, and those 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) disclosed experts or consulting
experts and their staff employed for this litigation; (iv) 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); (v) outside
photocopying and electronic discovery vendors; and (vi) the Court, Court personnel, and
members of any jury impaneled to hear this case.
6.

CONFIDENTIAL MATERIALS and

CONFIDENTIAL-AEO

MATERIALS

shall not be disclosed to any person designated in paragraph 5(iii) unless he or she has executed a
written, dated declaration in the form attached as Exhibit A, acknowledging that he or she has
first read this Order, agreed to be bound by the terms thereof, agreed not to reveal such
CONFIDENTIAL MATERIALS or CONFIDENTIAL-AEO MATERIALS to anyone, and

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agreed

to

utilize

such

CONFIDENTIAL

MATERIALS

or

CONFIDENTIAL-AEO

MATERIALS solely for the purposes of this litigation. All persons to whom CONFIDENTIAL
MATERIALS or CONFIDENTIAL-AEO MATERIALS are disclosed are hereby enjoined from
disclosing same to any other person except as provided in this Order, and are also enjoined from
using same except in the preparation for and trial of this case between the named parties thereto.
No person receiving or reviewing CONFIDENTIAL MATERIALS or CONFIDENTIAL-AEO
MATERIALS shall disseminate or disclose them to any person other than those described above
in Paragraph 5 and for the purposes specified, and in no event shall such person make any other
use of such CONFIDENTIAL MATERIALS or CONFIDENTIAL-AEO MATERIALS.
7.

In the absence of prior written permission from the designating party or an order

by the Court, CONFIDENTIAL-AEO MATERIALS shall not be disclosed to any person other
than counsel of record in this case, those attorneys’ support staff employees who perform work
tasks related to this case, and the in-house counsel of a party or as described in paragraph 6.
8.

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 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) days after such notice. The designating party
shall have the right to move the Court to retain the designated status materials. If the designating
party files such a motion within the fifteen (15) day period, the receiving party shall continue to
retain the materials as CONFIDENTIAL or CONFIDENTIAL-AEO, consistent

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with the designating party’s designation, until the Court has ruled on the designating party’s
motion.
9.

Any party seeking to file CONFIDENTIAL MATERIALS or CONFIDENTIAL-

AEO MATERIALS with the Court shall file such material in accordance with Local Rule 5.2.1
and 6.1. The parties shall work together in good faith to coordinate the filing of all motions and
material covered by this paragraph to permit compliance with the Local Rules.
10.

Any party that files any discovery materials with the Court shall redact any

personally identifying information that may be contained therein.
11.

Subject to paragraph 8, within sixty (60) days after the conclusion of this case,

upon written request, the receiving party shall assemble and make available to the designating
party all materials containing information designated in accordance with paragraph 2, above
(with the exception of drafts of pleading filed with the Court, which the receiving party may
retain but shall continue to treat as CONFIDENTIAL MATERIAL and CONFIDENTIAL-AEO
MATERIAL as provided in this Order). Either party may elect to have its designated materials
destroyed rather than returned, in which case the receiving party shall provide written
verification that the materials, including any summaries, extracts, compilations, notes or other
attorney work product, have been destroyed and the manner in which such materials have been
destroyed.
12.

This Order shall remain binding after the conclusion of this case unless otherwise

ordered by the Court, and the Court shall retain jurisdiction over all parties bound hereby for the
purposes of enforcing this Order. Each individual signing the acknowledgement attached as
Exhibit A agrees to be subject to the jurisdiction of this Court for purposes of this Order.

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13.

This Order does not prevent any party from seeking to seal trial transcripts and/or

trial exhibits, including documents previously filed under seal, or from seeking any other similar
relief pursuant to Local Rule 6.1.
14.

Neither the entry of this Order, nor the designation of any material as

“CONFIDENTIAL” or “CONFIDENTIAL-AEO,” nor the failure to make such designation,
shall constitute evidence on any issue in this case. The designation of any materials as
“CONFIDENTIAL” or “CONFIDENTIAL-AEO” does not waive that party’s objection to any
discovery on the ground that it seeks information protected by Federal Rule of Civil Procedure
26(c) or other provision of law.
15.

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 materials afforded
confidential treatment pursuant to this Order.
16.

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

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

IT IS SO ORDERED.
Signed: September 25, 2018

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WE ASK FOR THIS:

By: /s/ David M. Wilkerson
David M. Wilkerson
Heather W. Goldstein
Larry S. McDevitt
The Van Winkle Law Firm
P.O. Box 7376
Asheville, NC 28802-7376
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Eugene C. Covington, Jr.
Covington, Patrick, Hagins, Stern &
Lewis, P.A.
211 Pettigru Street
P.O. Box 2343
Greenville, SC 29601
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Plaintiffs

By: /s/ Ronald I. Raether, Jr.
Ronald Irvin Raether, Jr.
Admitted Pro Hac Vice
5 Park Plaza, Suite 1400
Irvine, CA 92614-2545
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
D. Kyle Deak
N.C. State Bar No. 35799
434 Fayetteville Street, Suite 1900
Raleigh, NC 27601
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Cindy D. Hanson
Troutman Sanders LLP
600 Peachtree Street, NE, Suite 3000
Atlanta, GA 30308
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Robert B. Long, Jr.
Philip S. Anderson
Long, Parker & Warren, P.A.
P. O. Box 7216
Asheville, NC 28802
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Defendants LexisNexis Risk Solutions
Inc. and PoliceReports.US, LLC

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EXHIBIT A

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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL ACTION NO. 5:16-CV-009-MOC-DCK
DELORIS GASTON, AND
LEONARD GASTON,

)
)
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Plaintiffs,
)
)
v.
)
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LEXISNEXIS RISK SOLUTIONS, INC., and
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POLICEREPORTS.US, LLC,
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Defendants.
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DECLARATION OF (NAME) UNDER STIPULATED PROTECTIVE ORDER

I DECLARATION OF COMPLIANCE
I,

, declare as follows:

1.

My address is

.

2.

My present employer is _

.

3.

My present occupation or job description is

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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

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

Order.

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.
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9.

Upon termination of this action, upon written 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 to the information, documents or
other materials that are subject to 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.
I declare under penalty of perjury under the laws of the United States that the following is
true and correct.
Executed this _______ day of ________________________, 20____.

QUALIFIED PERSON

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