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Davis v. Accenture LLP

United States District Court, W.D. North Carolina, Charlotte Division

May 9, 2017

NICOLE DAVIS, Plaintiff,
v.
ACCENTURE LLP, Defendant.

          Julie H. Fosbinder Fosbinder Law Office Attorneys for Plaintiff

          Wood W. Lay Amanda J. Muehlhausen WINSTON & STRAWN LLP Attorneys for Defendant

          STIPULATED PROTECTIVE ORDER

          David C. Keesler United States Magistrate Judge

         IT IS HEREBY STIPULATED AND AGREED, by and between plaintiff Nicole Davis, on the one hand, and defendant Accenture LLP, on the other hand (collectively, the “Parties, ” and each a “Party”), through their undersigned attorneys in the above-captioned action (the “Action”), as follows:

         1. “Discovery Material, ” as such term is used herein, shall refer to:

(a) all recorded or transcribed testimony of the Parties;
(b) all documents and other discovery materials produced by either Party (i) in response to any discovery request, (ii) pursuant to any Order or direction of the Court in the Action (the “Court”), or (iii) pursuant to any agreement of the Parties;
(c) all recorded or transcribed testimony of any person or entity that is not a party to the Action (a “Non-Party”); and,
(d) all documents or other information submitted or produced by any Non-Party (i) in response to any subpoena issued in connection with or arising from the Action, (ii) pursuant to any Order or direction of the Court, or (iii) pursuant to any agreement with the Parties, or with any Party.

         2. All Discovery Material disclosed by the Parties or any Non-Party in the Action shall be handled in accordance with this Stipulated Protective Order (the “Protective Order”).

         3. Any Party or Non-Party may designate as “Confidential” any Discovery Material that it deems in good faith is entitled to protection as business information of a proprietary or confidential nature, as sensitive information concerning individuals who are not parties to the Action, or the disclosure of which would cause harassment, annoyance, embarrassment or oppression (as so designated, “Confidential Discovery Material”). Any “Confidential” designation will be fully applicable to any information contained in or derived from any Discovery Material so designated. All documents designated as “Confidential” shall be treated as Confidential Discovery Material.

         4. The Parties shall not use or disclose the Confidential Discovery Material other than in connection with the Action and in accordance with this Protective Order.

         5. Documents produced in the Action may be designated “Confidential” by marking the pages of such documents with such designation, or, if the document is in a format that cannot be stamped confidential, by providing documents with a cover letter which designates them as “Confidential.” 6. Any recorded or transcribed testimony may be designated as “Confidential” within thirty (30) days following receipt by the designating Party or Non-Party of a copy thereof, and any testimony so designated shall be treated as Confidential Discovery Material under the terms of this Protective Order. Prior to the conclusion of such thirty-day period, all recordings or transcripts, and the information contained therein, will be deemed to be Confidential in their entirety under the terms of this Protective Order.

         7. A Party's inadvertent production of any Discovery Material lacking a “Confidential” designation will not be deemed a waiver of that Party's claim to the confidential nature of such Discovery Material, or estop said Party from designating said Discovery Material as “Confidential” at a later date. Disclosure of said Discovery Material by the receiving ...


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