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Troutman v. QBE Insurance Corp.

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

December 27, 2017

NANCY TROUTMAN and WILLIAM JAMISON, Plaintiffs,
v.
QBE INSURANCE CORPORATION, Defendant.

          WILLSON JONES CARTER & BAXLEY, P.A. Jeremy S. Foster, Attorneys for Plaintiffs

          WALL TEMPLETON & HALDRUP, P.A., J. Mark Langdon, Attorneys for Defendant QBE Insurance Corp

          CONSENT PROTECTIVE ORDER

          DAVID S. CAYER UNITED STATES MAGISTRATE JUDGE

         PROTECTIVE ORDER

         The Court, having been advised and upon review of the Motion for Protective Order filed by Defendant, enters the following Protective Order (“Order”):

         1.0 DEFINITIONS AND BACKGROUND INFORMATION

         1.1 As used in this Order, the term:

1.1.1 “Party” or “Parties” shall include Plaintiffs, Nancy Troutman and William Jamison, and Defendant, QBE Insurance Corporation, and each of their employees, agents, representatives, and attorneys (including both outside counsel and inside counsel).
1.1.2 “Person(s)” shall include any “Party” or non-party to this action, whether an individual, corporation, partnership, company, unincorporated association, governmental agency, or other business or governmental entity.
1.1.3 “Confidential Material” or “Confidential Document” shall mean information, including “Electronically Stored Information, ” that is not publicly available and contains sensitive personal information, trade secrets, business research, product development information, commercial information, and/or financial information. Confidential Information also includes information that is protected from general disclosure by statute. If an attorney in good faith determines that the documents contain information protected from disclosure by statute, sensitive personal information, trade secrets, and/or confidential research, development, or commercial information, an attorney may designate those documents as “Confidential” by stamping the document (or otherwise having the legend recorded upon it in a way that brings its attention to a reasonable examiner) as such.
1.1.4 “Discovering Party” shall mean the Party who has requested the production of documents designated as Confidential Material under this Order.
1.1.5 “Producing Party” shall mean the Party who has produced documents designated as Confidential Material under this Order.
1.1.6 “ESI” or “Electronically Stored Information”, includes any and all electronically stored information - including writings, text, drawings, graphs, charts, photographs, sound recordings, images, and other data or data compilations - stored in any medium from which information can be obtained either directly, or if necessary, after translation by the responding Party into a reasonably usable form. ESI includes, by way of example only, computer programs (whether private, commercial or work-in-progress), programming notes or instructions, activity listings of electronic mail receipts and/or transmittals, output resulting from the use of any software program, including word processing Documents, spreadsheets, database files, charts, graphs and outlines, electronic mail, operating systems, source code of all types, peripheral drivers, PIF files, batch files, ASCII files, and any and all miscellaneous files and/or file fragments, regardless of the media on which they reside and regardless of whether said electronic data consists of an active file, deleted file or file fragment. Electronic data includes any and all items stored on computer memories, snap drives, hard disks, floppy disks, CDROMs, removable media such as Zip disks, Jazz cartridges, Bernoulli Boxes and their equivalent, magnetic tapes of all types, microfiche, punched cards, punched tape, computer chips, including, but not limited to EPROM, PROM, RAM and ROM, on or in any other vehicle for digital data storage and/or transmittal. The term electronic data also includes the file, folder tabs and/or containers and labels appended to, or associated with, any physical storage device associated with each original and/or copy.
1.2 Defendant's Trade Secrets and Proprietary Information Defendant contends the documents requested by Plaintiffs and designated Confidential Material represent and/or reflect trade secrets or other confidential and proprietary research, development, or commercial information. Defendant has a legitimate interest in protecting trade secrets and confidential or proprietary information and the protections within this Order are adequate, appropriate, and necessary.
1.3 Nature of this Order The nature of this Order is to protect Defendant's business interests in its own intellectual property, information, and processes. The insurance and underwriting industries are highly competitive markets, and disclosure of Defendant's trade secrets and confidential or proprietary information could cause irreparable and significant harm to Defendant. This Order is intended to prevent this foreseeable harm and any related unforeseeable harm.
1.4 Public Health & Safety Not At Issue The documents and information at issue do not involve public health and safety, or issues important to the general public.
1.5 Good Faith Discovery Cooperation
It is the purpose of this Order and the desire of the Defendant to make available to Plaintiffs all documents that fall within the legitimate scope of Rule 26 of the Federal Rules of Civil Procedure without waiving any objections to which they are legally entitled, and to minimize discovery motions before the Court.

         2.0 SCOPE OF PROTECTIVE ORDER

         2.1 Purpose of This Order:

         It is the purpose of this Order that the Defendant will be provided reasonable assurance that:

2.1.1 The documents produced by the Defendant will be used in this litigation and/or appeal and this litigation and/or appeal only; 2.1.2 The documents produced by the Defendant will not be used for commercial purposes; 2.1.3 The documents produced by the Defendant will not be used for non-litigation purposes.
2.2 Defendant's production under this Order does not admit or concede the documents or information are relevant or ...

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