United States District Court, E.D. North Carolina
Edwards, Edward H. Maginnis, Asa C. Edwards IV, Karl S.
Gwaltney MAGINNIS LAW PLLC Counsel for Plaintiff
de Rossett YOUNG MOORE & HENDERSON, P.A. AND Paul L.
Myers Quilling, Selander, Lownds, Winslett & Moser, P.C.
Counsel for Trans Union
Bradley J. Lingo, Chelsea J. Corey, Theodore Roethke KING
& SPALDING LLP Counsel for Equifax Information Services,
K. Brathwaite ELLIS & WINTERS LLP Counsel for Defendant
Experian Information Solutions, Inc.
CONSENT PROTECTIVE ORDER
T. Numbers, II United States Magistrate Judge.
Consent Protective Order is issued to facilitate the exchange
of documents and information. Unless modified pursuant to the
terms contained in this Order, this Order shall remain in
effect through the conclusion of this litigation.
Sylvia Patterson ("Plaintiff) filed this lawsuit (the
"Litigation") against Defendants Synchrony
Bank, Equifax Information Services, LLC, Trans
Union LLC, and Experian Information Solutions, Inc.
(collectively referred to as "Defendants"),
alleging that Defendants are liable to Plaintiff for,
inter alia, damages resulting from alleged
violations of the Fair Credit Reporting Act, 15 U.S.C. §
1681, et seq. ("FCRA"). In connection with
the Litigation, Plaintiff has sought discovery or testimony
regarding certain of Defendants' confidential and
proprietary trade secrets and other business information.
Plaintiff and Defendants may be collectively referred to
herein as "the Parties" or individually as a
"Party." 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.
Party or non-party producing or filing documents or other
materials in this action may designate such materials and the
information contained therein subject to this Order by typing
or stamping on the front of the document, or on the
portion(s) of the document for which confidential treatment
is designated "Confidential." Documents or portions
of a document marked as "Confidential" are to be
used only for the litigation of this case; all other uses are
Parties shall have the right to designate as
"Confidential" 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" shall constitute
confidential information under this Order, both in form and
Deposition testimony can be designated by the Parties as
"Confidential." Such designation will be made on
the record if possible, but the Parties can designate
portions of such testimony as "Confidential" 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." 5. Information
designated for confidential treatment provided by any of the
Parties shall be used strictly in accordance with the terms
in this Order. At no time shall such information be disclosed
to or used by any person, corporation, or entity in
competition with or against any of the Parties.
Parties, their attorneys, or anyone else acting on their
behalf shall take such precautions with
"Confidential" information as are necessary to
strictly maintain its confidentiality and comply with the
terms of this Order.
Except with the prior written consent of the individual or
entity designating a document or portions of a document as
"Confidential, " or pursuant to prior Order after
notice, any document, transcript or pleading given
"Confidential" treatment under this Order, and any
information contained in, or derived from any such materials
may not be disclosed other than in accordance with this Order
and may not be disclosed to any person other than: (a) the
Court and its officers; (b) parties to this litigation; (c)
counsel for the parties and their staff, whether retained
outside counsel or in-house counsel and employees of counsel
assigned to assist such counsel in the preparation of this
litigation; (d) court reporters, their staffs, and
professional vendors to whom disclosure is reasonably
necessary for this litigation; (e) fact witnesses; (f)
present or former employees of the producing Party in
connection with their depositions in this action; and (g)
experts specifically retained as consultants or expert
witnesses in connection with this litigation.
Documents produced pursuant to this Order shall not be made
available to any person designated in Subparagraph 7(d)-(g)
unless such person has first read this Order, agreed to be
bound by its terms, and signed the declaration of compliance
attached hereto as Exhibit A.
9. If a
party believes in good faith that, despite the provisions of
this Protective Order, there is a substantial risk of
identifiable harm if particular documents or deposition
testimony it designates as "CONFIDENTIAL" are
disclosed to all other Parties or non-parties to this action,
the producing Party may designate the particular information
as "HIGHLY CONFIDENTIAL-ATTORNEY'S EYES ONLY."
Information marked "HIGHLY CONFIDENTIAL - ATTORNEY'S
EYES ONLY" receive the same protections as
"CONFIDENTIAL" information but is further limited
in how it may be used or disseminated. Documents or portions
of a document marked as ...