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XL Insurance America, Inc. v. Visionary Solutions, LLC

United States District Court, E.D. North Carolina, Eastern Division

May 18, 2018

XL INSURANCE AMERICA, INC. as subrogee of AECOM TECHNOLOGY CORP., ACE AMERICAN INSURANCE COMPANY as subrogee o/AECOM TECHNOLOGY CORP., CERTAIN UNDERWRITERS AT LLOYD'S OF LONDON as subrogee o/AECOM TECHNOLOGY CORP., and AECOM TECHNOLOGY GROUP, Plaintiffs,
v.
VISIONARY SOLUTIONS, LLC, Defendant.

          Thomas J. Hennessey CLAUSEN MILLER P.C. Counsel for Plaintiffs

          Matthew P. McGuire Kelsey L. Kingsbery ALSTON & BIRD LLP Counsel for Counterclaim-Defendant AECOM Technology Corp.

          Marc C. Tucker SMITH MOORE LEATHERWOOD LLP Attorneys for Defendant Visionary Solutions, LLC

          S. McKinley Gray, III WARD AND SMITH, PA Attorneys for Flanders Corporation

          CONSENT PROTECTIVE ORDER (AS MODIFIED)

          James E. Gates United States Magistrate Judge.

         The parties assert that they possess information relating to the subject matter of this action that they may deem confidential and proprietary. The parties recognize that in the course of discovery proceedings relating to this action, it may be necessary to disclose certain of the asserted confidential and proprietary information. The parties wish to ensure that such confidential and proprietary information will not be disclosed to unauthorized persons, and will not be used for any purpose other than this litigation.

         It is therefore ORDERED that:

         1. This Order does not control any issues of privilege or work-product that may be asserted by a party during the pendency of this litigation. Each party bears the burden of raising and/or meeting any assertions of privilege or work-product protection pursuant to the Federal Rules of Civil Procedure and applicable case law separate and apart from the issues of confidentiality addressed in this Order.

         2. Prior to its production, any party may designate documents or other materials as containing CONFIDENTIAL INFORMATION to be protected by this Order. For purposes of this Order, "Confidential Information or Material" shall be defined as any information or materials - whether in hardcopy, electronic or any other format - that a party has a legitimate and good faith interest and basis in keeping free from public disclosure.

         3. The following "Qualified Persons" are entitled to review and utilize documents or materials containing confidential information produced pursuant to the terms of this Order, subject to any limitations in this Order:

a. The parties, their employees, and their attorneys of record (including their necessary staff);
b. Independent expert witnesses who have been specially employed or retained to assist in this litigation and their necessary staff;
c. Fact witnesses who are asked to review this confidential information during the course of a deposition or trial ...

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