Villarreal v. DeWitt et al

Filing 57

CONFIDENTIALITY AND PROTECTIVE ORDER. Signed by Judge Kristine G. Baker on 9/5/2019. (jbh)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
LETICIA VILLARREAL

PLAINTIFF

CAROLYN ARNETT
v.

CONSOLIDATED PLAINTIFF
Case No. 1:16-cv-00163 KGB

KENNETH DEWITT, et al.
LARRY NORRIS, et al.

DEFENDANTS
CONSOLIDATED DEFENDANTS

CONFIDENTIALITY AND PROTECTIVE ORDER
Before the Court is the motion for protective order filed by consolidated defendants Larry
Norris, Ray Hobbs, Wendy Kelley, Linda Dixon, John Maples, Maggie Capel, Nurzuhal Faust,
Christopher Budnik, John Mark Wheeler, Don Yancey, and Linda Dykes (collectively, the “ADC
defendants”) (Dkt. No. 47). Plaintiff Leticia Villarreal opposes the motion (Dkt. No. 48). ADC
defendants filed a reply (Dkt. No. 49).
For good cause shown, the Court grants ADC defendants’ motion for protective order
pursuant to Federal Rule of Civil Procedure 26(c) (Dkt. No. 47).

The Court enters this

Confidentiality and Protective Order (“Order”), which shall govern the above-captioned action and
any action consolidated therewith. References to “this action” or “this litigation” shall refer to the
above-captioned action and any action or litigation consolidated therewith.
The Court drafted this Order based upon its understanding of the parties’ concerns and
proposals with respect to anticipated discovery in this matter. To the extent the parties believe the
Court did not address or fully appreciate issues presented by anticipated discovery in this matter,
the parties may file a motion for reconsideration with the Court raising these issues specifically.

1.

PURPOSES AND LIMITATIONS
Disclosure and discovery activity in this action are likely to involve production of

confidential, proprietary, or private information for which special protection from public
disclosure and from use for any purpose other than prosecuting this litigation may be warranted.
Accordingly, the Court enters the following Order that shall govern the handling of any
information, document or thing, or portion of any document or thing that warrants confidential
treatment as provided for herein. The parties acknowledge that this Order does not confer blanket
protections on all disclosures or responses to discovery and that the protection it affords from
public disclosure and use extends only to the limited information or items that are entitled to
confidential treatment under the applicable legal principles.
2.

DEFINITIONS
Acknowledgment and Agreement to Be Bound:

the Acknowledgment and

Agreement to Be Bound that is attached hereto as Exhibit A. Counsel who disclose Confidential
Information or Items or Highly Confidential Information or Items pursuant to this Order must
maintain each Acknowledgment and Agreement to Be Bound executed by persons to whom
counsel has disclosed Confidential Information or Items or Highly Confidential Information or
Items.
Challenging Party: a Party or Non-Party who challenges the designation of
information or items under this Order.
“CONFIDENTIAL” Information or Items: information (regardless of how it is
generated, stored, or maintained) or tangible things that qualify for protection under Federal Rule
of Civil Procedure 26(c). Confidential Information or Items also means and includes derivations,
abstracts, excerpts, summaries, compilations, or analyses of Confidential Information.

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Counsel (without qualifier): Outside Counsel and In-House Counsel (as well as
their support staff) and future counsel of record.
Designating Party: a Party or Non-Party that designates information or items that
it produces in disclosures or in responses to discovery as “CONFIDENTIAL” or “HIGHLY
CONFIDENTIAL.”
Disclosure or Discovery Material: all items or information, regardless of the
medium or manner in which it is generated, stored, or maintained (including, among other things,
testimony, transcripts, and tangible things), that are produced or generated in disclosures or
responses to discovery in this action.
“HIGHLY CONFIDENTIAL” Information or Items: information (regardless of
how it is generated, stored, or maintained) or tangible things that qualify for the heightened
protection described in this Order and under Federal Rule of Civil Procedure 26(c). Highly
Confidential Information or Items also means and includes derivations, abstracts, excerpts,
summaries, compilations, or analyses of Highly Confidential Information.
Non-Party: any natural person, partnership, corporation, association, or other
legal entity not named as a Party to this action.
Party: any named party to this action, including all of its officers, directors, and
employees.
Privileged Material:

any document or information that is protected from

disclosure by a privilege, immunity, or other protection, including, without limitation, the attorneyclient privilege, the work product doctrine, or the joint defense or common interest privilege.
Producing Party: a Party or Non-Party that produces Disclosure or Discovery
Material in this action.

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Professional Vendors: persons or entities that provide litigation support services
(e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and
organizing, storing, or retrieving data in any form or medium) and their employees and
subcontractors to the extent they provide such services.
Protected Material: any Disclosure or Discovery Material that is defined and/or
designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.” This term also includes any
document which, due to its format or type, is not amenable to physical branding or stamping but
for which the Producing Party has notified the Receiving Party in writing is Confidential
Information or Highly Confidential Information.
Receiving Party: a Party that receives Disclosure or Discovery Material from a
Producing Party.
3.

SCOPE
The protections conferred by this Order cover not only Protected Material (as defined

above), but also (1) any information copied or extracted from Protected Material; (2) all copies,
excerpts, summaries, or compilations of Protected Material; and (3) any testimony, conversations,
or presentations by Parties or their Counsel that might reveal Protected Material. However, the
protections conferred by this Order do not cover the following information: (a) any information
that is in the public domain at the time of disclosure to a Receiving Party or becomes part of public
domain after its disclosure to a Receiving Party as a result of publication not involving a violation
of this Order, including becoming part of the public record through trial or otherwise; and (b) any
information obtained by the Receiving Party after the disclosure from a source who obtained the
information lawfully and under no obligation of confidentiality to the Designating Party. Any use
of Protected Material at trial shall be governed by a separate agreement or order.

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4.

DURATION
Even after final disposition of this litigation, the confidentiality obligations imposed by this

Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order
otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims
and defenses in this action, with or without prejudice; and (2) final judgment herein after the
completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action,
including the time limits for filing any motions or applications for extension of time pursuant to
applicable law.
5.

DESIGNATING PROTECTED MATERIAL
Exercise of Restraint and Care in Designating Material for Protection. Each Party or

Non-Party that designates information or items for protection under this Order must take care to
limit any such designation to specific material that qualifies under the appropriate standards. To
the extent it is practical to do so, the Designating Party must designate for protection only those
parts of material, documents, items, or oral or written communications that qualify—so that other
portions of the material, documents, items, or communications for which protection is not
warranted are not unjustifiably included within the ambit of this Order.
Mass, indiscriminate, or routine designations made without reasonable, good faith efforts
to assess whether the underlying material is Confidential or Highly Confidential are prohibited
absent discussion and agreement among the parties.
If it comes to a Designating Party’s attention that information or items that it designated
for protection do not qualify for protection at all, or do not qualify for the level of protection
initially asserted, that Designating Party must promptly notify all other Parties in writing that it is
withdrawing the mistaken designation. Unless otherwise stipulated to by the Parties, within 14

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calendar days of providing the notification, the Designating Party shall, at its own expense,
produce new copies of the material with either the proper designation or no designation, as is
appropriate.
Manner and Timing of Designations. Except as otherwise provided in this Order
(see, e.g., second paragraph of Section 5.2(a) below), or as otherwise stipulated or ordered,
Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so
designated before the material is disclosed or produced.
Designation in conformity with this Order requires:
a.

for information in documentary form, (e.g., paper or electronic documents,

but excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing
Party affix the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” to each document
that contains Protected Material.
A Party or Non-Party that makes original documents or materials available for inspection
need not designate them for protection until after the inspecting Party has indicated which material
it would like copied and produced. During the inspection and before the designation, all of the
material made available for inspection shall be deemed “CONFIDENTIAL.” After the inspecting
Party has identified the documents it wants copied and produced, the Producing Party must
determine which documents, or portions thereof, qualify for protection under this Order. Then,
before producing the specified documents, the Producing Party must affix the appropriate legend
(“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL”) to each document that contains Protected
Material.
b.

for testimony given in deposition or in other pretrial or trial proceedings,

and for any comments, references, or arguments based on such testimony, that the Designating
Party may, within 28 calendar days after receipt of the transcript, identify the specific portions by

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line and page numbers of the testimony, comments, references, or arguments as to which protection
is sought and to specify the level of protection being asserted. Only those portions of the
testimony, comments, references, or arguments that are appropriately designated for protection
within the 28 calendar days shall be covered by the provisions of this Stipulated Protective Order.
Until expiration of the 28-calendar day period, the entire transcript will be treated as
“CONFIDENTIAL” pursuant to this Protective Order.
Transcripts containing Protected Material shall have an obvious legend on the title page
that the transcript contains Protected Material, and the title page shall be followed by a list of all
pages (including line numbers as appropriate) that have been designated as Protected Material and
the level of protection being asserted by the Designating Party. The Designating Party shall inform
the court reporter of these requirements. Any transcript that is prepared before the expiration of a
28-calendar day period for designation shall be treated during that period as if it had been
designated “CONFIDENTIAL” in its entirety unless otherwise agreed. After the expiration of that
period, the transcript shall be treated only as actually designated.
c.

for information produced in some form other than documentary and for any

other tangible items, that the Producing Party affix in a prominent place on the exterior of the
container or containers in which the information or item is stored the legend “CONFIDENTIAL”
or “HIGHLY CONFIDENTIAL.”
Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to
designate qualified information or items does not, standing alone, waive the Designating Party’s
right to secure protection under this Order for such material. Upon timely correction of a
designation, the Receiving Party must make reasonable efforts to assure that the material is treated
in accordance with the provisions of this Order. It is expressly understood that during any interim

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period in which no designation was made of material produced by either a Party or Non-Party and
use of the information was made accordingly, there shall be no consequence for such interim use.
6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS
Timing of Challenges. Any Party or Non-Party may challenge a designation of

confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality
designation is necessary to avoid foreseeable substantial unfairness, unnecessary economic
burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to
challenge a confidentiality designation by electing not to mount a challenge promptly after the
original designation is disclosed.
Meet and Confer. The Challenging Party shall initiate the dispute resolution process
by providing written notice of each designation it is challenging and describing the basis for each
challenge. To avoid ambiguity as to whether a challenge has been made, the written notice must
recite that the challenge to confidentiality is being made in accordance with this specific paragraph
of the Confidentiality and Protective Order. The parties shall attempt to resolve each challenge in
good faith and must begin the process by conferring directly (in voice to voice dialogue; other
forms of communication are not sufficient) within 14 calendar days of the date of service of notice
(or within any additional time period agreed to in writing by the Challenging Party). In conferring,
the Challenging Party must explain the basis for its belief that the confidentiality designation was
not proper and must give the Designating Party an opportunity to review the designated material,
to reconsider the circumstances, and, if no change in designation is offered, to explain the basis
for the chosen designation. A Challenging Party may proceed to the next stage of the challenge
process only if it has engaged in this meet and confer process first or establishes that the
Designating Party is unwilling to participate in the meet and confer process in a timely manner.

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Judicial Intervention.

If the parties cannot resolve a challenge without court

intervention, the Challenging Party may file and serve a motion to modify confidentiality after first
meeting and conferring as provided for in Section 6.2 of the Order. Each such motion must be
accompanied by a competent declaration affirming that the movant has complied with the meet
and confer requirements imposed in the preceding paragraph. The burden of persuasion in any
such challenge proceeding shall be on the Designating Party.
All parties shall continue to afford the material in question the level of protection to which
it is entitled under the Producing Party’s designation until the Court rules on the challenge. To the
extent the Court rules that any information designated as Protected Material is not entitled to the
level of protection asserted by the Designating Party, the Designating Party, at its own expense,
shall produce new copies of the material with either the proper designation or no designation, as
is appropriate, and to the extent possible with a conformed Bates number or other order designation
to allow for ease of access and consistent sequencing in production.
7.

ACCESS TO AND USE OF PROTECTED MATERIAL
Basic Principles. A Receiving Party may use Protected Material that is disclosed or

produced by another Party or by a Non-Party in connection with this case only for prosecuting,
defending, or attempting to settle this litigation, including in connection with any related
alternative dispute resolution process. Such Protected Material may be shown to, discussed with,
or otherwise disclosed only to the categories of persons and under the conditions described in this
Order. When the litigation has been terminated, a Receiving Party must comply with the
provisions of Section 13 below, titled “FINAL DISPOSITION.” Protected Material must be stored
and maintained by a Receiving Party at a location and in a secure manner that ensures that access
is limited to the persons authorized under this Order.

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Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered
by the Court or permitted in writing by the Designating Party, a Receiving Party may disclose any
information or item designated “CONFIDENTIAL” only to:
a.

the parties, including officers, directors, and employees (including In-House
Counsel) to whom disclosure is reasonably necessary for this litigation;

b.

the Receiving Party’s Counsel in this action, as well as employees of said Counsel
of Record to whom it is reasonably necessary to disclose the information for this
litigation and who have signed the Acknowledgment and Agreement to Be Bound;

c.

consultants or experts of the Receiving Party to whom disclosure is reasonably
necessary for this litigation and who have signed the Acknowledgment and
Agreement to Be Bound;

d.

the Court and its personnel;

e.

court reporters and their staff, professional jury or trial consultants, and
Professional Vendors to whom disclosure is reasonably necessary for this litigation
and who have signed the Acknowledgment and Agreement to Be Bound;

f.

witnesses who are noticed for deposition or designated as trial witnesses in the
action (including during depositions and at trial) to whom disclosure is reasonably
necessary and who have signed the Acknowledgment and Agreement to Be Bound,
unless otherwise agreed by the Designating Party or ordered by the Court (if a
witness noticed for deposition refuses to sign the Acknowledgment and Agreement
to Be Bound, the parties shall work cooperatively to obtain a prompt hearing before
the Court or Magistrate Judge to resolve any issues of confidentiality);

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g.

the author or recipient of a document containing the information or a custodian or
other person who otherwise possessed or knew the information; and

h.

mediators or other ADR professionals and their staff who are mutually selected by
the Parties for use in this action and who have signed the Acknowledgment and
Agreement to Be Bound.

7.3

Disclosure of “HIGHLY CONFIDENTIAL” Information or Items.

Unless

otherwise ordered by the Court or permitted in writing by the Designating Party, only the
Receiving Party’s Counsel and the Court and its personnel may keep a copy of any information or
item designated HIGHLY CONFIDENTIAL. Unless otherwise ordered by the Court or permitted
in writing by the Designating Party, other individuals, including but not limited to those identified
in Paragraph 7.2 of this Order, may not keep a copy of any information or item designated
“HIGHLY CONFIDENTIAL” Information or Items; may not view the Highly Confidential
Information or Items outside the direct supervision of Counsel; may not take notes concerning the
content of the Highly Confidential Information or Items; and may not use the Highly Confidential
Information or Items for any purpose other than in connection with the prosecution or defense of
this lawsuit.
8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN
OTHER LITIGATION
If a Party is served with a subpoena or a court order issued in other litigation that compels

disclosure of any information or items designated in this action as “CONFIDENTIAL” or
“HIGHLY CONFIDENTIAL” that Party must:
promptly notify in writing the Designating Party. Such notification shall include a
copy of the subpoena or court order;

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promptly notify in writing the party who caused the subpoena or order to issue in the
other litigation that some or all of the material covered by the subpoena or order is subject to this
Order (such notification shall include a copy of this Order); and
cooperate with respect to all reasonable procedures sought to be pursued by the
Designating Party whose Protected Material may be affected.
If the Designating Party timely seeks a protective order (and gives the Party served
with the subpoena or court order notice of the same), the Party served with the subpoena or court
order shall not produce any information designated in this action as “CONFIDENTIAL” or
“HIGHLY CONFIDENTIAL” before a determination by the Court from which the subpoena or
order issued or another court if by agreement or court order, unless the Party has obtained the
Designating Party’s permission. The Designating Party shall bear the burden and expense of
seeking protection in that court of its Protected Material—and nothing in these provisions should
be construed as authorizing or encouraging a Receiving Party in this action to disobey a lawful
directive from another court.
9.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN
THIS LITIGATION
The terms of this Order are applicable to information produced by a Non-Party in this

action and designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.” Such information
produced by Non-Parties in connection with this litigation is protected by the remedies and relief
provided by this Order. Nothing in these provisions should be construed as prohibiting a NonParty from seeking additional protections.
In order to provide the parties an adequate opportunity to designate materials
produced

by

Non-Parties

in

this

litigation

as

“CONFIDENTIAL”

or

“HIGHLY

CONFIDENTIAL,” all such materials shall be deemed “CONFIDENTIAL,” whether or not so

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designated by the Non-Party, for a period of seven calendar days following production to the
parties (or until an additional time period agreed to, in writing, by the parties). Furthermore, the
inadvertent failure by any Party to designate materials produced by Non-Parties as
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” within that period shall not waive a Party’s
right to later so designate such information with prospective effect, so long as the designation
correction is made in a timely fashion and consistent with Section 5.2 of this Order. The Receiving
Party may challenge the designation as provided by Section 6 of this Order.
10.

INADVERTENT PRODUCTION OF PRIVILEGED MATERIAL OR
OTHERWISE PROTECTED MATERIAL
The inadvertent or erroneous disclosure by a party or third party of Confidential, Highly

Confidential, or Privileged Material in connection with this litigation will not be construed as a
waiver, in whole or in part, of (1) that party or third party’s claims of confidentiality or privilege
(including but not limited to attorney-client privilege, work product doctrine, and joint/common
interest privilege) either as to the specific information disclosed or more generally as to the subject
matter of the information disclosed, or (2) the party’s right to designate the material as Confidential
or Highly Confidential or to withhold the material on the grounds that it is Privileged Material in
this litigation or in any other proceeding, including in federal and state proceedings.
a.

The party that made the inadvertent or erroneous disclosure shall promptly notify
the other party following discovery of the production, and that other party (the
“Returning Party”) (1) shall in the case of Privileged Material, (i) sequester, return,
or destroy the inadvertent or erroneously disclosed document or information
forthwith, as well as any and all copies thereof and (ii) destroy or sequester any
references to the erroneously or inadvertently disclosed document or information,
or its contents, to the extent such references exist in other materials prepared by the

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Returning Party at the expense of the Producing Party; 1 or (2) in the case of a
Confidential or Highly Confidential document, shall mark it and all copies
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” at the expense of the
Producing Party and treat the document in accordance with the terms of this
Protective Order.
b.

The Returning Party’s return, sequester, or destruction of any discovery item
pursuant to this provision shall not in any way preclude the Returning Party from
moving the Court for a ruling that the document was never entitled to protection as
Privileged Material.

If any inadvertently or erroneously produced Privileged

Material, Confidential Information, or Highly Confidential Information has been
provided to a Non-Party by a non-Producing Party, the non-Producing Party will
use all reasonable efforts to secure the return of the Privileged Material (and the
destruction of any references thereto) and/or proper designation of the Confidential
Information or Highly Confidential Information, including reminding the NonParty of its obligation to adhere to the terms of this Protective Order that Non-Party
agreed to by executing the Acknowledgement and Agreement to be Bound attached
as Exhibit A and by providing the Producing Party with the name, address, and
telephone number of such recipient(s), as well as the date of and reason for the
transmission of the Privileged Material, Confidential Information, or Highly

1

For purposes of clarity, the Returning Party may only elect to sequester documents
subject to a clawback if the Returning Party is challenging whether the documents are privileged
per the procedures set forth in this protocol.

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Confidential Information. Notice of inadvertent or erroneous disclosure shall apply
to all copies of the document or information disclosed.
c.

For disputes regarding inadvertently produced Confidential Information or Highly
Confidential Information, follow procedures in Section 6 of this Agreement. A
Receiving Party that disputes a claim of inadvertent or erroneous production of
Privileged Material shall notify the Producing Party of the dispute and the basis
therefor in writing within ten (10) calendar days of receipt of the notification of
inadvertently produced Privileged Material. The Producing Party and Receiving
Party thereafter shall meet and confer in good faith regarding the disputed claim.
In the event that the Producing Party and Receiving Party do not resolve their
dispute, either of them may bring a motion for a determination of whether the
information is entitled to protection as Privileged Material. If such a motion is
made, the Producing Party shall submit to the Court for in camera review a copy
of the disputed documents or information in connection with its motion papers. The
Producing Party must preserve the information until the claim is resolved.

11.

MISCELLANEOUS
Right to Further Relief. Nothing in this Order abridges the right of any person to

seek its modification by the Court in the future.
Right to Assert Other Objections. No Party waives any right it otherwise would have
to object to disclosing or producing any information or item on any ground not addressed in this
Order. Similarly, no Party waives any right to object on any ground to use in evidence of any of
the material covered by this Order.

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Modification.

Any Party for good cause shown may apply to the Court for

modification of this Protective Order. This Protective Order shall remain in full force and effect
and each person subject to this Order shall continue to be subject to the jurisdiction of this Court,
for the purposes of this Order, in perpetuity, and the Court shall not be divested of jurisdiction of
any person or of the subject matter of this Order by the occurrence of conclusion of this case, or
by the filing of a notice of appeal, or other pleading which would have the effect of divesting this
Court of jurisdiction of this action generally.
Non-waiver of Privileges. In accordance with Federal Rule of Evidence 502(d) and
other applicable Rules, any inadvertent or erroneous disclosure of Privileged Material shall not be
deemed to waive—in this litigation or in any other federal or state proceeding—any applicable
privilege or immunity (including, without limitation, the attorney-client privilege, the work
product doctrine, and the joint defense or common interest privilege) that would otherwise attach
to the document or information or to other documents or information, regardless of the extent (if
any) to which the Party producing the document or information has reviewed the document or
information for privilege or other protection. In no event shall the inadvertent or erroneous
production, disclosure, or transmission of Privileged Material form the basis for a claim that the
material is not so protected.
Filing Protected Material.
a.

Without written permission from the Designating Party or a court order secured
after appropriate notice to all interested persons, a Party may not file in the public
record in this action any Protected Material.

b.

A Party may obtain leave of the Court for each document (or portion thereof) that
is requested to be filed under seal.

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c.

The record must be filed in a sealed envelope in compliance with Section IV.B of
this Court’s CM/ECF Administrative Policies and Procedures Manual for Civil
Filings. The sealed envelope must also contain the following statement:

CONFIDENTIAL: THE CONTENTS OF THIS ENVELOPE ARE NOT TO BE
SCANNED OR ARE SUBJECT TO A PROTECTIVE ORDER OF THIS COURT
AND SHALL NOT BE SHOWN TO ANY PERSONS OTHER THAN THE
JUDGE OF THIS COURT, THE JUDGE’S PERSONNEL, OR ATTORNEY IN
THIS CASE.
d.

In the event the Party moving to seal Protected Material is not also the Designating
Party, then: (i) the Party moving to seal is required only to note in its motion that
it is moving to seal the material because it has been designated as Protected Material
by another Party; and (ii) the Designating Party shall file a response in support of
sealing the Protected Material, if any, no later than five (5) days following the filing
of the motion to seal.

e.

A pleading or other paper to be filed with the Court shall not be considered untimely
if a motion to file under seal or consent order to seal is filed with the Court on or
before the due date of the pleading or other paper, even if the Court does not rule
on the motion to seal or consent order to seal on or before the applicable deadline
for filing the pleading or other paper.

12.

FINAL DISPOSITION
Within 60 calendar days after the final disposition of this action, as defined in Section 4,

each Receiving Party must return all Protected Material to the Producing Party or destroy such
material. As used in this subdivision, “all Protected Material” includes all copies, abstracts,
compilations, summaries, and any other format reproducing or capturing any of the Protected
Material. Whether the Protected Material is returned or destroyed, the Receiving Party, upon

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request by the Producing Party, shall submit a written certification to the Producing Party (and, if
not the same person or entity, to the Designating Party) by the 60-calendar day deadline that
affirms that the Receiving Party has taken reasonable steps to return or destroy all Protected
Material. Notwithstanding this provision, Counsel are entitled to retain an archival copy of all
pleadings; motion papers; trial, deposition, and hearing transcripts; legal memoranda;
correspondence; deposition and trial exhibits; expert reports; attorney work product; and
consultant and expert work product, even if such materials contain Protected Material. Any such
archival copies that contain or constitute Protected Material remain subject to this Order as set
forth in Section 4.
This Order is without prejudice to the right of any Party hereto to introduce Confidential
Information or Highly Confidential Information at a trial of this proceeding.
It is so ordered this 5th day of September, 2019.

__________________________________________
Kristine G. Baker
United States District Judge

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Attachment A
Acknowledgment and Agreement to be Bound
The undersigned hereby acknowledges that he/she has read the Protective Order dated
_____________________ in the above-captioned action and attached hereto; understands the
terms thereof; and agrees to be bound by its terms. The undersigned submits to the jurisdiction of
the Court herein in matters relating to the Protective Order and understands that the terms of the
Protective Order obligate him/her to use documents designated “CONFIDENTIAL” or “HIGHLY
CONFIDENTIAL” in accordance with the Order solely for the purposes of the above captioned
action, and not to disclose any such documents or information derived directly therefrom to any
other person, firm or concern.
The undersigned acknowledges that violation of the Protective Order may result in
penalties for contempt of court.
Name:

______________________________________

Job Title:

______________________________________

Employer:

______________________________________

Business Address:

________________________________
________________________________
________________________________

Date

Signature

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