Weaver v. Toyota Motor Corporation et al

Filing 21

CONSENT PROTECTIVE ORDER. Signed by Judge James M. Moody on 2/7/12. (kpr)

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

RICKY WEAVER, as Personal
Representative of the Estate of MICAH
WEAVER, Deceased,

§
§
§
§
§
Plaintiff,
§ CAUSE NO. 1:11-CV-025-JMM
v.
§
§
TOYOTA MOTOR CORPORATION, a
§ JURY TRIAL DEMANDED
Japanese corporation; TOYOTA MOTOR §
SALES, U.S.A., INC., a California
§
corporation; and TK HOLDINGS, INC.,
§
§
Defendants.
§
CONSENT PROTECTIVE ORDER

The Court issues this Consent Protective Order, agreed to by the parties, to
facilitate document disclosure and production under the Local Rules of this Court and
the Federal Rules of Civil Procedure. Unless modified pursuant to the terms contained
in this Order, this Order shall remain in effect through the conclusion of this litigation.
In support of this order, the court finds that:
1.

Documents or information containing contidential proprietary and business

information and/or trade secrets ("Confidential Information") that bear significantly on
the parties' claims or defenses is likely to be disclosed or produced during the course of
discovery in this litigation;
2.

The parties to this litigation may assert that public dissemination and disclosure

of Confidential Information could severely injure or damage the party disclosing or

CONSENT PROTECTIVE ORDER

PAGE 1

producing the Confidential Information and could place that party at a competitive
disadvantage;
3.

Counsel for the party or parties receiving Confidential Information are presently

without sufficient information to accept the representation(s) made by the party or
parties producing Confidential Information as to the confidential, proprietary, and/or
trade secret nature of such Confidential Information; and
4.

To protect the respective interests of the parties and to facilitate the progress of

disclosure and discovery in this case, the following Order should issue:
IT IS THEREFORE ORDERED THAT:

1.

Documents or discovery responses containing Confidential Information disclosed
or produced by any party in this litigation are referred to as "Protected
Documents." Except as otherwise indicated below, all documents or discovery
responses deSignated by the producing party as "Confidential" and which are
disclosed or produced to the attorneys for the other parties to this litigation are
Protected Documents and are entitled to confidential treatment as described
below.

2.

Protected Documents shall not include (a) advertising materials that have been
published to the general public, (b) materials that on their face show that they
have been published to the general public, or (c) documents that have submitted
to any governmental entity without request for confidential treatment.

3.

At any time after the delivery of Protected Documents, counsel for the party or
parties receiving the Protected Documents may make a good faith challenge,
consistent with Rule 11 of the FRCP, to the confidential deSignation of all or any
portion thereof by providing written notice thereof to counsel for the party

CONSENT PROTECTIVE ORDER

PAGE 2

disclosing or producing the Protected Documents. If the parties are unable to
agree as to whether the confidential designation of discovery material is
appropriate, the party or parties receiving the Protected Documents shall certify
to the Court that the parties cannot reach an agreement as to the confidential
nature of all or a portion of the Protected Documents. Thereafter, the party or
parties disclosing or producing the Protected Documents shall have thirty (30)
days from the date of certification to file a motion for protective order with regard
to any Protected Documents in dispute. The party or parties produCing the
Protected Documents shall have the burden of establishing that the disputed
)

Protected Documents are entitled to confidential treatment. If the party or parties
prodUCing the Protected Documents do not timely file a motion for protective
order, then the Protected Documents in dispute shall no longer be subject to
confidential treatment as provided in this Order. All Protected Documents are
entitled to confidential treatment pursuant to the terms of this Order until and
unless the parties formally agree in writing to the contrary, a party fails to timely
move for a protective order, or a contrary determination is made by the Court as
to whether all or a portion of a Protected Document is entitled to confidential
treatment.
4.

Confidential Treatment. Protected Documents and any information contained
therein shall not be used or shown, disseminated, copied, or in any way
communicated to anyone for any purpose whatsoever, except as provided for
below.

CONSENT PROTECTIVE ORDER

PAGE 3

5.

Protected Documents and any information contained therein may be disclosed
by the party or parties requesting the documents only to the following persons
("Qualified Persons"):
a)

Counsel of record and employees of such counsel in this action for the
party or party receiving Protected Documents or any information contained
therein;

b)

Retained experts, consultants and investigators assigned to and
necessary to assist such counsel in the preparation and trial of this action,
provided that they read this Order and sign a copy of it agreeing to be
bound by its terms and subjecting themselves to the jurisdiction of this
Court; and

c)

The Court.

Protected Documents and any informatIon contained therein shall be used solely

for the prosecution of this litigation.

6.

The term "copy" as used herein means any photographic, mechanical or
computerized copy or reproduction of any document or thing, or any verbatim
transcript, in whole or in part, of such document or thing.

7.

To the extent that Protected Documents or information contained therein are used
in depositions, at hearings, or at trial, such documents or information shall remain
subject to the provisions of this Order, along with the transcript pages of the
deposition testimony and/or trial testimony referring to the Protected· Documents or
information contained therein.

8.

Any court reporter or transcriber who reports or transcribes testimony in this
action shall agree that all "confidential" information designated as such under this
Order shall remain "confidential" and shall not be disclosed by them, except
pursuant to the terms of this Order, and that any notes or transcriptions of such

CONSENT PROTECTIVE ORDER

PAGE 4

testimony (and any accompanying exhibits) will be retained by the reporter or
delivered to counsel of record.
9.

Inadvertent or unintentional production of documents or information containing
Confidential Information which are not designated "confidential" shall not be
deemed a waiver in whole or in part of a claim for confidential treatment

10.

The party or parties receiving Protected Documents shall not under any
circumstances sell, offer for sale, advertise, or publicize Protected Documents or
any information contained therein.

11.

After termination of this litigation, the provisions of this Order shall continue to be
binding, except with respect to those documents and information that become a
matter of public record. This Court retains and shall have continuing jurisdiction
over the parties and recipients of the Protected Documents for enforcement of the
provisions of this Order following termination of this litigation.

12.

Upon termination of this action by dismissal, judgment, or settlement, counsel for
the party or parties receiving Protected Documents shall, upon written request,
return all of the Protected Documents, and any copies thereof to the counsel for
the party or parties disclosing or producing the Protected Documents within 60
days, or certify in writing that all known copies of such Protected Documents have
been destroyed.

CONSENT PROTECTIVE ORDER

PAGE 5

13.

This Order shall be binding upon the parties and their attorneys, successors,
executors, personal representatives, administrators, heirs, legal representatives,
assigns, subsidiaries, divisions, employees, agents, independent contractors, or

other persons or organizations over which they have control.

Signed this

l

day of

~.~ ,2012.

~EQUESTED:
Mark Cox
.
Merritt & Associates, P.C.

ATTORNEYS FOR PLAINTIFF

Dfb.J £k _

4}et.

David P. Stone . .
Bowman and I3rooke LLP

ATTORNEYS FOR DEFENDANTS
TOYOTA MOTOR SALES, U.S.A., INC.,
TOYOTA MOTOR CORPORATION,
AND TK HOLDINGS, INC.

CONSENT PROTECTIVE ORDER

PAGES