United States District Court, E.D. North Carolina, Eastern Division
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,
VISIONARY SOLUTIONS, LLC, Defendant.
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.
C. Tucker SMITH MOORE LEATHERWOOD LLP Attorneys for Defendant
Visionary Solutions, LLC
McKinley Gray, III WARD AND SMITH, PA Attorneys for Flanders
CONSENT PROTECTIVE ORDER (AS MODIFIED)
E. Gates United States Magistrate Judge.
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.
therefore ORDERED that:
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.
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.
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
c. Fact witnesses who are asked to review this confidential
information during the course of a deposition or trial ...