United States District Court, E.D. North Carolina, Southern Division
BRENT NIX, et al. Plaintiffs,
THE CHEMOURS COMPANY FC, LLC, et al, Defendants. CAPE FEAR PUBLIC UTILITY AUTHORITY, Plaintiff,
THE CHEMOURS COMPANY FC, LLC, et al., Defendants. ROGER MORTON, et al., Plaintiffs,
THE CHEMOURS COMPANY, et al., Defendants. VICTORIA CAREY, et al., Plaintiffs,
E.I. DU PONT DE NEMOURS AND COMPANY, et al., Defendants. BRUNSWICK COUNTY Plaintiff,
DOWDUPONT, INC., et al., Defendants.
A. Ponzi, George W. House, William P .H. Cary V. Randall
Tinsley BROOKS, PIERCE, McLENDON HUMPHREY & LEONARD,
L.L.P. Attorneys for Plaintiff Cape Fear Public Utility
K. Sherk III SHOOK, HARDY AND BACON, LLP Kenneth J. Reilly
Mark D. Anstoetter Jonathan D. Sasser Stephen D. Feldman
Counsel for Defendants
Harold Seagle SEAGLE LAW Scott Summy Cary McDougal Stephen
Johnston M. Cristina Sanchez Brett D. Land BARON & BUDD,
P.C. Attorneys for Plaintiff Brunswick County and Cape Fear
Public Utility Authority
Theodore J. Leopold Jay Chaudhuri S. Douglas Bunch Douglas J.
McNamara Jamie Bowers Alison Deich COHEN MILSTEIN SELLERS
& TOLL PLLC Andrew Whiteman WHITEMAN LAW FIRM Vineet
Bhatia Stephen Morrissey Jordan Connors Steven Seigel SUSMAN
GODFREY, L.L.P. Gary W. Jackson THE LAW OFFICES OF JAMES
SCOTT FARRIN, P.C. Neal H. Weinfield THE DEDENDUM GROUP
Attorneys for Plaintiffs Carey, Morton, and Nix
PROTECTIVE ORDER REGARDING THE COLLECTION OF WATER
SAMPLES FROM THE FAYETTEVILLE WORKS FACILITY
C. DEVER III CHIEF UNITED STATES DISTRICT JUDGE.
to the Court's May 25, 2018 Order, the parties submit
this proposed Protective Order addressing and governing the
Plaintiffs' three sampling events ("Sampling
Events") at the Chemours Fayetteville Works facility
following provisions shall apply to all Plaintiffs and their
counsel in the above-captioned actions ("Actions"),
as well as to their consultants, laboratories and any third
party involved in the collection, analysis or permitted use
of the information set forth in Paragraph 2.
Plaintiffs will be permitted to sample each of the five (5)
process streams on three (3) separate occasions.
Plaintiffs' use of information obtained by virtue of the
Sampling Events (including, but not limited to, the
analytical results and data analysis of the Sampling Events),
shall be solely for: (i) the litigation of the claims and/or
potential future claims in the Actions; (ii) any appeal
therefrom; and (iii) in the case of the water authorities,
conducting pilot studies for purposes of evaluating treatment
technologies with respect to the Cape Fear Public Utility
Authority and Brunswick County plaintiffs. Plaintiffs shall
not disseminate information obtained pursuant to the Sampling
Events for any other purpose, absent leave of Court. In the
event Plaintiffs intend to include information obtained from
the Sampling Events in any Court proceeding, such information
will be submitted under seal pursuant to the Court's
local rules or as otherwise directed by the Court.
Photography and videography shall be allowed to document the
Sampling Events. No. videotaping or photography shall be
taken of anything other than the recording of the physical
process of the personnel collecting and handing the samples
to Plaintiffs. Said photography and videography shall only be
used for the litigation and shall be deemed
"confidential" and shall only be shared with
consultants, and experts, absent leave of court. A copy of
said photography and videography shall be provided to
Defendants. There shall be no interviews or other
communications with any Facility employee or other on-site
personnel during the Sampling Events.
parties, i.e., both Plaintiffs and Defendants,
agree, without undue delay, to exchange the full analytical
results and methods from each of their respective
laboratories (after standard quality assurance / quality
control (QA/QC) practices) for each sample and each analyte.
The parties agree to mutually and simultaneously exchange the
sampling results for each of the three separate sampling
dates after all parties are in possession of the analytical
results from their respective laboratories.
Nothing contained in this Protective Order shall waive any
arguments and defenses the parties may have as to the
admissibility, weight, integrity, and interpretation of the
analytical results if ...