Olsen v. Equifax Information Services, LLC

Filing 15

STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge David Keesler on 8/9/2016. (cbb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
CIVIL ACTION NO. 5:16-CV-091-RLV-DCK
FRANKLIN SCOTT OLSEN,

)
)
Plaintiff,
)
)
v.
)
)
EQUIFAX INFORMATION SERVICES LLC, )
)
Defendant.
)
)
STIPULATED PROTECTIVE ORDER
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 Defendant, and/or credit and other confidential
information regarding Plaintiff;
THEREFORE, this Court orders as follows:
1.

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)(7) or another provision of law, 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.” Such documents, transcripts, or other materials are referred to herein
as “CONFIDENTIAL MATERIALS.”

2.

A party wishing to designate portions of a deposition transcript as

CONFIDENTIAL pursuant to this Order must, within 3 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, in accordance with Paragraph 1 of this Order. The
designating party shall designate such CONFIDENTIAL 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 12 calendar days after its counsel receives a copy of the deposition
transcript. All transcripts will be treated as confidential until the expiration of the 12-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 forth in this paragraph in situations where
a more expedited filing of a designated portion of the deposition transcript is required.
3.

All CONFIDENTIAL MATERIALS and all information derived there from

(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.
4.

Subject to Paragraph 6, 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; (ii) qualified persons

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taking testimony involving such material and necessary stenographic and clerical
personnel; (iii) disclosed 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); and (v) the Court, Court personnel, and members of any jury
impaneled to hear this case.
5.

Subject to Paragraph 6, CONFIDENTIAL MATERIALS shall not be

disclosed to any person designated in paragraph 5(iii) unless he or she has executed a
written, dated declaration (attached hereto 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 to anyone, and agreed to utilize such CONFIDENTIAL
MATERIALS solely for the purposes of this litigation.

All persons to whom

CONFIDENTIAL 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 shall disseminate or
disclose them to any person other than those described above in Paragraph 4 and for the
purposes specified in this Order, and in no event shall such person make any other use of
such CONFIDENTIAL MATERIALS.
6.

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

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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.
7.

Subject to Paragraph 6, in the event either party wishes to submit

CONFIDENTIAL MATERIALS to the Court in connection with a motion, trial, or other
proceeding within the purview of this lawsuit, that party must contact the designating party
seven (7) business days prior to such filing to: (i) provide the designating party with notice
that it seeks to file CONFIDENTIAL MATERIALS with the Court; and (ii) meet and
confer in good faith to determine whether a redacted version of the CONFIDENTIAL
MATERIALS can be filed with the Court. In the event no agreement is reached for the
filing of a redacted version, the party seeking to file such CONFIDENTIAL MATERIALS
may file such material in accordance with Local Rule 6.1(B). This Stipulated Protective
Order shall operate as an Order of the Court permitting filing under seal as required by
Local Rule 6.1(B). Or, if the party seeking to file believes that a redacted version of the
CONFIDENTIAL MATERIALS can be filed with the Court without the need for filing
under seal, but the designating party has not agreed, the party seeking to file may file a
motion for leave to file the redacted version. If the party seeking to file moves the Court
for leave to file a redacted version on the public docket, the party seeking to file shall
submit an unredacted version for the Court’s consideration under Local Rule 6.1(D). The

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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.
8.

Subject to paragraph 6, within 90 days after final termination of this lawsuit,

upon written request, the parties shall assemble and return to the party asserting
confidential treatment all items containing CONFIDENTIAL MATERIAL submitted in
accordance with Paragraph 1 above, or the parties may elect to destroy all items containing
confidential information submitted in accordance with Paragraph 1 above. If either party
elects to have its CONFIDENTIAL MATERIAL destroyed rather than returned, the other
party shall send written verification that the documents have in fact been destroyed. The
parties need not destroy or return notes or other attorney work product that refers to
CONFIDENTIAL MATERIALS, provided the notes and work product remain subject to
Paragraph 3.
9.

This protective order covers all documents and information revealed during

the pendency of this litigation and for 90 days after its conclusion unless otherwise ordered
by the Court. Subject to Paragraphs 6 and 7, all CONFIDENTIAL MATERIAL shall
remain confidential for a period of no less than seven (7) years, and the Court shall retain
jurisdiction over all parties bound hereby for the purposes of this protective order.
10.

Nothing in this Order shall prevent a party from using at deposition,

arbitration, or trial any information or materials designated as CONFIDENTIAL.
11.

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.

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12.

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

CONFIDENTIAL, nor the failure to make such designation, shall constitute evidence on
any issue in this case. The designation of any materials as CONFIDENTIAL 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.
13.

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.
14.

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: August 9, 2016

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/s/ Theodore Roethke
Theodore Roethke (pro hac vice)
KING & SPALDING LLP
1180 Peachtree Street NE
Atlanta, GA 30309
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Chelsea Corey
North Carolina Bar No. 48838
KING & SPALDING LLP
100 North Tryon Street, Suite 3900
Charlotte, NC 28202
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Attorneys for Defendant Equifax
Information Services LLC

/s/ Asa Covington Edwards (with consent)
Asa Covington Edwards, IV
North Carolina Bar No. 46000
Karl S. Gwaltney
North Carolina Bar No. 45118
Edward H. Maginnis
North Carolina Bar No. 39317
MAGINNIS LAW PLLC
4801 Glenwood Ave, Suite 310
Raleigh, NC 27612
Tel.: [phone]
Fax: [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Attorneys for Plaintiff Franklin Scott
Olsen

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ATTACHMENT A
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
The undersigned hereby acknowledges that he/she has read the Stipulated
Protective Order in the above-captioned action, understands the terms thereof, and agrees
to be bound by its terms. The undersigned submits to the jurisdiction of the United States
District Court for the Western District of North Carolina in matters relating to the
Stipulated Protective Order and understands that the terms of the Stipulated Protective
Order obligate him/her to use materials designated as CONFIDENTIAL in accordance with
the Order solely for the purposes of the above-captioned action, and not to disclose any
such materials designated as CONFIDENTIAL to any other person, firm, or concern.
The undersigned acknowledges that violation of the Stipulated Protective Order
may result in penalties for contempt of court.

Name: __________________________________________
Business Address: __________________________________________
Date: _________________
Signature: ____________________________

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