Ready v. Navient Solutions, LLC. et al

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
Case No. 5:24-CV-00050-KDB-SCR
CHRISTY MARIE READY,
Plaintiff,
vs.
NAVIENT SOLUTIONS, LLC, EXPERIAN
INFORMATION SOLUTIONS, LLC,
EQUIFAX INFORMATION SERVICES,
LLC, and TRANSUNION, LLC,
Defendants.
PROTECTIVE ORDER
IT IS HEREBY ORDERED that to facilitate the exchange of information and documents
which may be subject to confidentiality limitations on disclosure due to federal laws, state laws,
and privacy rights:
1. The words set forth below shall have the following meanings:
a. "Proceeding" means the above-entitled proceeding (5:24-cv-00050-KDB-
SCR).
b. "Court" means the Hon. Kenneth D. Bell, or any other judge to which this
Proceeding may be assigned, including Court staff participating in such proceedings.
c. "Confidential" means any information which is in the possession of a
Designating Party who believes in good faith that such information is entitled to
confidential treatment under applicable law.
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d. "Confidential Materials" means any Documents, Testimony or Information
as defined below designated as "Confidential" pursuant to the provisions of this Stipulation
and Protective Order.
e. "Designating Party" means the Party that designates Materials as
"Confidential."
f. "Disclose" or "Disclosed" or "Disclosure" means to reveal, divulge, give, or
make available Materials, or any part thereof, or any information contained therein.
g. "Documents" means (i) any "Writing," "Original," and "Duplicate" as those
terms are defined by and used in the Federal Rules of Evidence, which have been produced
in discovery in this Proceeding by any person, and (ii) any copies, reproductions, or
summaries of all or any part of the foregoing.
h. "Information" means the content of Documents or Testimony.
i. "Testimony" means all depositions, declarations or other testimony taken or
used in this Proceeding.
2. The Designating Party shall have the right to designate as "Confidential" any
Documents, Testimony or Information that the Designating Party in good faith believes to contain
non-public information that is entitled to confidential treatment under applicable law.
3. The entry of this Stipulation and Protective Order does not alter, waive, modify, or
abridge any right, privilege or protection otherwise available to any Party with respect to the
discovery of matters, including but not limited to any Party's right to assert the attorney-client
privilege, the attorney work product doctrine, or other privileges, or any Party's right to contest
any such assertion.
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4. Any Documents, Testimony or Information to be designated as "Confidential" must
be clearly so designated before the Document, Testimony or Information is Disclosed or produced.
The parties may agree that the case name and number are to be part of the "Confidential"
designation. The "Confidential" designation should not obscure or interfere with the legibility of
the designated Information.
a. For Documents (apart from transcripts of depositions or other pretrial or
trial proceedings), the Designating Party must affix the legend "Confidential" on each page
of any Document containing such designated Confidential Material.
b. For Testimony given in depositions the Designating Party may either:
i. identify on the record, before the close of the deposition, all
"Confidential" Testimony, by specifying all portions of the Testimony that qualify
as "Confidential;" or
ii. designate the entirety of the Testimony at the deposition as
"Confidential" (before the deposition is concluded) with the right to identify more
specific portions of the Testimony as to which protection is sought within 30 days
following receipt of the deposition transcript. In circumstances where portions of
the deposition Testimony are designated for protection, the transcript pages
containing "Confidential" Information may be separately bound by the court
reporter, who must affix to the top of each page the legend "Confidential," as
instructed by the Designating Party.
c. For Information produced in some form other than Documents, and for any
other tangible items, including, without limitation, compact discs or DVDs, the
Designating Party must affix in a prominent place on the exterior of the container or
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containers in which the Information or item is stored the legend "Confidential." If only
portions of the Information or item warrant protection, the Designating Party, to the extent
practicable, shall identify the "Confidential" portions.
5. The inadvertent production by any of the undersigned Parties or non-Parties to the
Proceedings of any Document, Testimony or Information during discovery in this Proceeding
without a "Confidential" designation, shall be without prejudice to any claim that such item is
"Confidential" and such Party shall not be held to have waived any rights by such inadvertent
production. In the event that any Document, Testimony or Information that is subject to a
"Confidential" designation is inadvertently produced without such designation, the Party that
inadvertently produced the document shall give written notice of such inadvertent production
within twenty (20) days of discovery of the inadvertent production, together with a further copy
of the subject Document, Testimony or Information designated as "Confidential" (the "Inadvertent
Production Notice"). Upon receipt of such Inadvertent Production Notice, the Party that received
the inadvertently produced Document, Testimony or Information shall promptly destroy the
inadvertently produced Document, Testimony or Information and all copies thereof, or, at the
expense of the producing Party, return such together with all copies of such Document, Testimony
or Information to counsel for the producing Party and shall retain only the "Confidential"
designated Materials. Should the receiving Party choose to destroy such inadvertently produced
Document, Testimony or Information, the receiving Party shall notify the producing Party in
writing of such destruction within ten (10) days of receipt of written notice of the inadvertent
production. This provision is not intended to apply to any inadvertent production of any
Information protected by attorney-client or work product privileges. In the event that this provision
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conflicts with any applicable law regarding waiver of confidentiality through the inadvertent
production of Documents, Testimony or Information, such law shall govern.
6. In the event that counsel for a Party receiving Documents, Testimony or
Information in discovery designated as "Confidential" objects to such designation with respect to
any or all of such items, said counsel shall advise counsel for the Designating Party, in writing, of
such objections, the specific Documents, Testimony or Information to which each objection
pertains, and the specific reasons and support for such objections (the "Designation Objections").
Counsel for the Designating Party shall have thirty (30) days from receipt of the written
Designation Objections to either (a) agree in writing to de-designate Documents, Testimony or
Information pursuant to any or all of the Designation Objections and/or (b) file a motion with the
Court seeking to uphold any or all designations on Documents, Testimony or Information
addressed by the Designation Objections (the "Designation Motion"). Pending a resolution of the
Designation Motion by the Court, any and all existing designations on the Documents, Testimony
or Information at issue in such Motion shall remain in place. The Designating Party shall have the
burden on any Designation Motion of establishing the applicability of its "Confidential"
designation. In the event that the Designation Objections are neither timely agreed to nor timely
addressed in the Designation Motion, then such Documents, Testimony or Information shall be
de-designated in accordance with the Designation Objection applicable to such material.
7. Access to and/or Disclosure of Confidential Materials designated as "Confidential"
shall be permitted only to the following persons:
a. the Court, including Court personnel;
b. (1) Attorneys of record in the Proceedings and their affiliated attorneys,
paralegals, clerical and secretarial staff employed by such attorneys who are actively
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involved in the Proceedings and are not employees of any Party. (2) In-house counsel to
the undersigned Parties and the paralegal, clerical and secretarial staff employed by such
counsel. Provided, however, that each non-lawyer given access to Confidential Materials
shall be advised that such Materials are being Disclosed pursuant to, and are subject to, the
terms of this Stipulation and Protective Order and that they may not be Disclosed other
than pursuant to its terms;
c. those officers, directors, partners, members, employees and agents of all
non-designating Parties that counsel for such Parties deems necessary to aid counsel in the
prosecution and defense of this Proceeding; provided, however, that prior to the Disclosure
of Confidential Materials to any such officer, director, partner, member, employee or agent,
counsel for the Party making the Disclosure shall deliver a copy of this Stipulation and
Protective Order to such person, shall explain that such person is bound to follow the terms
of such Order, and shall secure the signature of such person on a statement in the form
attached hereto as Exhibit A;
d. court reporters in this Proceeding (whether at depositions, hearings, or any
other proceeding);
e. any deposition, trial or hearing witness in the Proceeding who previously
has had access to the Confidential Materials, or who is currently or was previously an
officer, director, partner, member, employee or agent of an entity that has had access to the
Confidential Materials;
f. any deposition or non-trial hearing witness in the Proceeding who
previously did not have access to the Confidential Materials; provided, however, that each
such witness given access to Confidential Materials shall be advised that such Materials
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are being Disclosed pursuant to, and are subject to, the terms of this Stipulation and
Protective Order and that they may not be Disclosed other than pursuant to its terms;
g. mock jury participants, provided, however, that prior to the Disclosure of
Confidential Materials to any such mock jury participant, counsel for the Party making the
Disclosure shall deliver a copy of this Stipulation and Protective Order to such person, shall
explain that such person is bound to follow the terms of such Order, and shall secure the
signature of such person on a statement in the form attached hereto as Exhibit A.
h. outside experts or expert consultants consulted by the undersigned Parties
or their counsel in connection with the Proceeding, whether or not retained to testify at any
oral hearing; provided, however, that prior to the Disclosure of Confidential Materials to
any such expert or expert consultant, counsel for the Party making the Disclosure shall
deliver a copy of this Stipulation and Protective Order to such person, shall explain its
terms to such person, and shall secure the signature of such person on a statement in the
form attached hereto as Exhibit A. It shall be the obligation of counsel, upon learning of
any breach or threatened breach of this Stipulation and Protective Order by any such expert
or expert consultant, to promptly notify counsel for the Designating Party of such breach
or threatened breach; and
i. any other person that the Designating Party agrees to in writing.
8. Confidential Materials shall be used by the persons receiving them only for the
purposes of preparing for, conducting, participating in the conduct of, and/or prosecuting and/or
defending the Proceeding, and not for any business or other purpose whatsoever.
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9. Any Party to the Proceeding (or other person subject to the terms of this Stipulation
and Protective Order) may ask the Court, after appropriate notice to the other Parties to the
Proceeding, to modify or grant relief from any provision of this Stipulation and Protective Order.
10. Entering into, agreeing to, and/or complying with the terms of this Stipulation and
Protective Order shall not:
a. operate as an admission by any person that any particular Document,
Testimony or Information marked "Confidential" contains or reflects trade secrets,
proprietary, confidential or competitively sensitive business, commercial, financial or
personal information; or
b. prejudice in any way the right of any Party (or any other person subject to
the terms of this Stipulation and Protective Order):
i. to seek a determination by the Court of whether any particular
Confidential Material should be subject to protection as "Confidential" under the
terms of this Stipulation and Protective Order; or
ii. to seek relief from the Court on appropriate notice to all other Parties
to the Proceeding from any provision(s) of this Stipulation and Protective Order,
either generally or as to any particular Document, Material or Information.
11. Any Party to the Proceeding who has not executed this Stipulation and Protective
Order as of the time it is presented to the Court for signature may thereafter become a Party to this
Stipulation and Protective Order by its counsel's signing and dating a copy thereof and filing the
same with the Court, and serving copies of such signed and dated copy upon the other Parties to
this Stipulation and Protective Order.
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12. Any Information that may be produced by a non-Party witness in discovery in the
Proceeding pursuant to subpoena or otherwise may be designated by such non-Party as
"Confidential" under the terms of this Stipulation and Protective Order, and any such designation
by a non-Party shall have the same force and effect, and create the same duties and obligations, as
if made by one of the undersigned Parties hereto. Any such designation shall also function as a
consent by such producing Party to the authority of the Court in the Proceeding to resolve and
conclusively determine any motion or other application made by any person or Party with respect
to such designation, or any other matter otherwise arising under this Stipulation and Protective
Order.
13. If any person subject to this Stipulation and Protective Order who has custody of
any Confidential Materials receives a subpoena or other process ("Subpoena") from any
government or other person or entity demanding production of Confidential Materials, the
recipient of the Subpoena shall promptly give notice of the same by electronic mail transmission,
followed by either express mail or overnight delivery to counsel of record for the Designating
Party, and shall furnish such counsel with a copy of the Subpoena. Upon receipt of this notice, the
Designating Party may, in its sole discretion and at its own cost, move to quash or limit the
Subpoena, otherwise oppose production of the Confidential Materials, and/or seek to obtain
confidential treatment of such Confidential Materials from the subpoenaing person or entity to the
fullest extent available under law. The recipient of the Subpoena may not produce any Documents,
Testimony or Information pursuant to the Subpoena prior to the date specified for production on
the Subpoena.
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14. Nothing in this Stipulation and Protective Order shall be construed to preclude
either Party from asserting in good faith that certain Confidential Materials require additional
protection. The Parties shall meet and confer to agree upon the terms of such additional protection.
15. If, after execution of this Stipulation and Protective Order, any Confidential
Materials submitted by a Designating Party under the terms of this Stipulation and Protective Order
is Disclosed by a non-Designating Party to any person other than in the manner authorized by this
Stipulation and Protective Order, the non-Designating Party responsible for the Disclosure shall
bring all pertinent facts relating to the Disclosure of such Confidential Materials to the immediate
attention of the Designating Party.
16. This Stipulation and Protective Order is entered into without prejudice to the right
of any Party to knowingly waive the applicability of this Stipulation and Protective Order to any
Confidential Materials designated by that Party. If the Designating Party uses Confidential
Materials in a non-Confidential manner, then the Designating Party shall advise that the
designation no longer applies.
17. Where any Confidential Materials, or Information derived from Confidential
Materials, is included in any motion, filing or other proceeding, governed by Fed. R. Civ. P. 5.2,
Local Civil Rule 6.1, or other applicable rule, the party shall follow those rules to ensure any
Confidential Materials remain protected.
18. The Parties shall meet and confer regarding the procedures for use of Confidential
Materials at trial and shall move the Court for entry of an appropriate order.
19. Nothing in this Stipulation and Protective Order shall affect the admissibility into
evidence of Confidential Materials or abridge the rights of any person to seek judicial review or to
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pursue other appropriate judicial action with respect to any ruling made by the Court concerning
the issue of the status of Protected Material.
20. This Stipulation and Protective Order shall continue to be binding after the
conclusion of this Proceeding and all subsequent proceedings arising from this Proceeding, except
that a Party may seek the written permission of the Designating Party or may move the Court for
relief from the provisions of this Stipulation and Protective Order. To the extent permitted by law,
the Court shall retain jurisdiction to enforce, modify, or reconsider this Stipulation and Protective
Order, even after the Proceeding is terminated.
21. Upon written request made within thirty (30) days after the settlement or other
termination of the Proceeding, the undersigned Parties shall have thirty (30) days to either (a)
promptly return to counsel for each Designating Party all Confidential Materials and all copies
thereof (except that counsel for each Party may maintain in its files, in continuing compliance with
the terms of this Stipulation and Protective Order, all work product, and one copy of each pleading
filed with the Court (b) agree with counsel for the Designating Party upon appropriate methods
and certification of destruction or other disposition of such Confidential Materials, or (c) as to any
Documents, Testimony or other Information not addressed by sub-paragraphs (a) and (b), file a
motion seeking a Court order regarding proper preservation of such Materials. To the extent
permitted by law the Court shall retain continuing jurisdiction to review and rule upon the motion
referred to in sub-paragraph (c) herein.
22. After this Stipulation and Protective Order has been signed by counsel for all
Parties, it shall be presented to the Court for entry. Counsel agree to be bound by the terms set
forth herein with regard to any Confidential Materials that have been produced before the Court
signs this Stipulation and Protective Order.
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23. The Parties and all signatories to the Certification attached hereto as Exhibit A
agree to be bound by this Stipulation and Protective Order pending its approval and entry by the
Court. In the event that the Court modifies this Stipulation and Protective Order, or in the event
that the Court enters a different Protective Order, the Parties agree to be bound by this Stipulation
and Protective Order until such time as the Court may enter such a different Order. It is the Parties'
intent to be bound by the terms of this Stipulation and Protective Order pending its entry so as to
allow for immediate production of Confidential Materials under the terms herein.
24. Pursuant to the Court's Pretrial Order and Case Management Plan ECF No. 30, the
Court shall retain ultimate disposition of protected materials subject to a final order of the Court
on the completion of litigation. Further, any motion, memorandum, document or other paper filed
with the Court is presumptively a public document and any decision of the Court regarding whether
to allow any filing to be made under seal is subject to Local Rule 6.1 and applicable law.
SO ORDERED. Signed: October 29, 2024
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