Miller v. Equifax Information Services, LLC et al

Filing 26

AGREED PROTECTIVE ORDER. Signed by Magistrate Judge David Keesler on 7/27/16. (smj)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL ACTION NO. 5:16-CV-059-RLV-DCK
AMANDA NICHOLE CLARK MILLER,
Plaintiff,
v.
EQUIFAX INFORMATION SERVICES,
LLC, TRANS UNION, LLC and
NATIONSTAR MORTGAGE LLC,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)

AGREED PROTECTIVE ORDER

THIS MATTER IS BEFORE THE COURT on the parties’ Joint Motion for Protective
Order. After considering said Motion, the Court finds that it should be GRANTED. It is
therefore, ORDERED that the parties herein comply with the provisions of this Order set forth
below.
1.

Amanda

Nichole

Clark

Miller (“Plaintiff”)

filed

this lawsuit

(the

“Litigation”) against Defendants Trans Union LLC, Equifax Information Services LLC and
Nationstar Mortgage, LLC (“Defendants”), alleging that Defendants are liable to Plaintiff for
damages resulting from alleged violations of the Fair Credit Reporting Act, 15 U.S.C. §
1681, et seq. (“FCRA”), Fair Debt Collection Practices Act, 15 U.S.C. § 1692, et seq.,
(“FDCPA”), North Carolina Collection Agency Act, N.C.G.S. § 75-50, et seq. (“NCCAA”),
and the North Carolina Debt Collection Act, N.C.G.S. § 58-70, et seq. (“NCDCA”). Plaintiff
and Defendant’s maybe collectively referred to herein as “the Parties” or individually as a
“Party”.
2.

In connection with the Litigation, Plaintiff has sought discovery or

testimony regarding certain of Defendants’ confidential and proprietary trade secrets and
other business information, and Defendants have sought discovery or testimony regarding
the personal identifying information of Plaintiff (collectively referred to as the “Confidential
Information”). As a means of avoiding continued dispute with respect to any Parties’ requests
for Confidential Information, the Parties have agreed to produce certain Confidential
Information pursuant to the terms of this Order.
3.

All Confidential Information shall only be utilized by the Parties in connection

with the Litigation and in accordance with the terms and conditions of this Order.
4.

The Parties shall have the right to designate as Confidential Information any

part or the whole of any answers to discovery, answers to interrogatories, answers to requests
for admission, deposition transcripts, responses to production requests, documents, expert
reports, disclosures, exhibits, trial or deposition testimony or other information that the Parties
deem to be confidential. Any document, discovery, testimony, or other information that the
Parties have designated as Confidential Information shall constitute Confidential Information,
both in form and substance.
5.

The Confidential Information provided by any of the Parties shall be used strictly

in accordance with the terms in this Order. At no time shall the Confidential Information be
disclosed to or used by any person, corporation, or entity in competition with or against any
of the Parties.
6.

The Parties may designate any document, discovery, or other information as

Confidential Information by an appropriate marking that prominently displays the words
“Confidential” or “Confidential Information”. Deposition testimony can be designated by
the Parties as Confidential Information. Such designation will be made on the record if possible,
2

but the Parties can designate portions of such testimony as Confidential Information by
providing written notice of such designation to the opposing Parties within thirty (30) days of
receipt of the transcribed testimony by counsel. Until thirty (30) days after receipt of the
transcribed testimony, such testimony shall be treated by the Parties as Confidential Information.
7.

The Parties, their attorneys, or anyone else acting on their behalf shall take such

precautions with the Confidential Information as are necessary to strictly maintain its
confidentiality and comply with the terms of this Order.
8.

Unless otherwise ordered by the Court, or agreed to in writing by the Parties,

information designated by any of the Parties as Confidential Information shall not be revealed
to any person or entity except: (i) the Parties, their attorneys and their 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)
expert witnesses and their staff employed for this litigation after such experts have signed
the acknowledgment attached as Exhibit A; (iv) present or former employees of the producing
Party in connection with their depositions in this action, including witnesses produced
pursuant to Fed. R. Civ. P. 30(b)(6); (v) witnesses who are deposed in this action or who are
called to testify as witnesses at any hearing in this action, but only in preparation for the
deposition or hearing and only as to such material in which the witness is identified as an
originator, author, addressee, or recipient of the original or a copy; (vi) outside professional
vendors that provide litigation support services, such as photocopying, imaging, videotaping,
exhibit preparation, etc. after such vendors have signed the acknowledgment attached as
Exhibit A, and (vii) the Court and Court personnel.
9.

In the event the Parties intend to file Confidential Information with the Court,
3

they shall file it under seal pursuant to the requirements of the Court for filing documents under
seal.
10.

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) business days after such notice.
The designating party shall have the right to move the Court to retain the designated status
of such materials. If the designating party files such a motion within the fifteen (15) business
day period, the receiving party shall continue to retain the materials as CONFIDENTIAL,
consistent with the designating party’s designation, until the Court has ruled on the
designating party’s motion.
11.

This Order shall govern pretrial proceedings only, and nothing set forth herein

prohibits the use at trial of any Confidential Information or affects the admissibility of
any evidence. The procedures to govern the use and disclosure of Confidential Information
at trial shall be subject to a further order of the Court.
12.

Nothing herein shall be construed as limiting a Party’s use of its own Confidential

Information and such use shall not constitute a waiver of the terms of this Order or the status
of such information as Confidential Information. Any of the Parties can remove their designation
of Confidential Information from any information it has previously so designated.
13.

The Parties cannot use or disclose any Confidential Information in any pretrial

court proceeding that is open to persons not authorized to have access to such Confidential
4

Information under the terms of this Order. This provision does not limit the right of any of
the Parties to file any Confidential Information under seal as described above or submit any
Confidential Information in camera to the Court.
14.

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

in this case may take advantage of the provisions of this Protective Order by providing the Parties
with written notice that they intend to comply with and be bound by the terms of this Protective
Order.
15.

Within sixty (60) days after the final resolution of the Litigation, including

any appellate proceeding, the Parties agree to return to opposing counsel, or destroy, the original
and any copies of any Confidential Information produced.
16.

The ultimate disposition of Confidential Information on the completion of

litigation shall be subject to a final order of the Court.
SO ORDERED.

Signed: July 27, 2016

5

AGREED:

/s/ Edward H. Maginnis
EDWARD H. MAGINNIS
[e-mail]
Karl S. Gwaltney
[e-mail]
Asa Covington Edwards, IV
[e-mail]
MAGINNIS LAW, PLLC
4801 Glenwood Ave, Suite 310
Raleigh, NC 27612
[phone]
[phone] Fax
Counsel for Plaintiff

/s/ Chelsea Corey
CHELSEA COREY
[e-mail]
KING & SPALDING
100 N Tryon St, Suite 3900
Charlotte, NC 28202
[phone]
[phone] Fax
Counsel for Equifax Information Services
LLC

/s/ Paul L. Myers
JOSEPH W. WILLIFORD
[e-mail]
YOUNG, MOORE & HENDERSON, P.A.
PO Box 31627
Raleigh, NC 27622
[phone]
[phone] Fax
and
PAUL L. MYERS
[e-mail]
STRASBURGER & PRICE, LLP
2600 Dallas Parkway, Suite 600
Frisco, TX 75034
[phone]
[phone] Fax
Counsel for Trans Union LLC
/s/ Nathan Jessee Taylor
NATHAN JESSEE TAYLOR
[e-mail]
MCGUIRE WOODS, LLP
201 N Tryon St, Suite 3000
Charlotte, NC 28202
[phone]
[phone] Fax
Counsel for Nationstar Mortgage, LLC

EXHIBIT A
The

undersigned

has

read

and

understands

the

terms

of

the

Agreed

Protective/Confidentiality Order effective in this case, Amanda Nichole Clark Miller v. Equifax
Information Services, LLC, Civil Action No. 5:16-cv-00059-RLV-DCK, which is currently
pending in the United States District Court for the Western District of North Carolina, Statesville
Division.

The

undersigned

agrees

(i)

to

abide

by the

terms

of

the

Agreed

Protective/Confidentiality Order; (ii) not to use or divulge, under penalty of law, any documents,
materials or other information covered by the Agreed Protective/Confidentiality Order,
including Confidential Information, except as permitted by the terms of the Agreed
Protective/Confidentiality Order; and (iii) to submit to the jurisdiction of the United States
District Court for the Western District of North Carolina, Statesville Division for resolution
of any issues arising under the Agreed Protective/Confidentiality Order.

Dated:

Signed: _____________________________
Printed: _________________________________