Niendick v. Salem, City of

Filing 35

PROTECTIVE ORDER regarding confidential information 33 . Signed by Judge Susan Webber Wright on 2/22/12. (vjt)

FILED

U.S. DISTRICT COURT
EASTERN DISl RICT ARKANSAS

FEB 2 2 2012
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
BATESVILLE DIVISION
DOUG NIENDICK
vs.

f::ES W. McCORM~LERK
~

PLAINTIFF
CASE No.l:llCV00043 SWW

CITY OF SALEM

DEFENDANT
PROTECTIVE ORDER

It appearing to the Court that, upon the motion of all parties, defendant has agreed to

make available to plaintiff and his counsel certain information regarding individuals not a party
to this lawsuit, including payroll records, copies of checks, W-2 fomis, 1099 forms, and all other
documents concerning any payments made by the City of Salem for .the period from June 1,
2008, through June 1, 2010.

Said files and documents contain confidential information,

specifically individuals' addresses and social se.curity numbers the release of which would
constitute an unwarranted invasion of privacy.
It is therefore ordered that any information gained in any documents photocopied from
said files and documents by plaintiff and any additional files and documents containing personal
information requested by plaintiff, and which are relevant to this case and designated
confidential by defendant, may be used only in connection with preparing and presenting
plaintiff's case to this Court.
It is further ordered that any documents obtained by plaintiff shall remain in the custody
of plaintiff or his counsel. Neither plaintiff nor anyone acting for or on behalf of plaintiff shall in
any manner, directly or indirectly, transfer or communicate any of the information or data
obtained to any person not a party to this litigation other than for proper purposes directly related
to the trial of this action, and that any such person to whom such communication is made is

EPCLERK

bound by the terms of this Order. Any disclosed confidential material utilized as exhibits at trial,
or in any pleadings filed with the Court, shall be maintained in a separate, sealed envelope in the
Court's file only to be available to the parties in any appeal which might be taken from the
Court's decision in this matter.
It is further ordered that one year after the conclusion of this litigation, including any
appeals, all copied documents furnished to plaintiff designated as confidential herein shall be
destroyed or, if defendant so requests 60 days before the time to destroy the documents, plaintiff
will return the documents and plaintiff," his counsel and his representatives are instructed not to
retain any copies.
IT IS SO ODERED this

1:z:iy

of February, 2012.

AGREED AS TO FORM AND SUBSTANCE:

Is/ M. Keith Wren
M. Keith Wren, ABN 94107
Attorney for Defendant
9421 W. Markham, Suite B
Little Rock, AR 72205
501-223-9736 (telephone)
501-228-8887 (facsimile)
[e-mail]

Is/ John T. Holleman
John T. Holleman, ABN 91067
Maryna 0. Jackson, ABN 2009111
Attorney for Plaintiff
HOLLEMAN & ASSOCIATES, P.A.
200 West Capitol Avenue, Suite 1620
Little Rock, AR 72201
501-975-5040 (telephone)
501-975-5043
[e-mail]