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Nix v. The Chemours Company FC, LLC

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

June 1, 2018

BRENT NIX, et al. Plaintiffs,
v.
THE CHEMOURS COMPANY FC, LLC, et al, Defendants. CAPE FEAR PUBLIC UTILITY AUTHORITY, Plaintiff,
v.
THE CHEMOURS COMPANY FC, LLC, et al., Defendants. ROGER MORTON, et al., Plaintiffs,
v.
THE CHEMOURS COMPANY, et al., Defendants. VICTORIA CAREY, et al., Plaintiffs,
v.
E.I. DU PONT DE NEMOURS AND COMPANY, et al., Defendants. BRUNSWICK COUNTY Plaintiff,
v.
DOWDUPONT, INC., et al., Defendants.

          Joseph 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 Authority

          John K. Sherk III SHOOK, HARDY AND BACON, LLP Kenneth J. Reilly Mark D. Anstoetter Jonathan D. Sasser Stephen D. Feldman Counsel for Defendants

          J. 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

          JAMES C. DEVER III CHIEF UNITED STATES DISTRICT JUDGE.

         Pursuant 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 (the "Facility").

         The 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.

         1. Plaintiffs will be permitted to sample each of the five (5) process streams on three (3) separate occasions.

         2. 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.

         3. 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.

         4. All 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.

         5. 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 ...


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