Ruiz v. Harmon et al

Filing 172

AGREED PROTECTIVE ORDER. Signed by Judge Kristine G. Baker on 6/26/2020. (jbh)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
TONY M. RUIZ,
ADC #157474

PLAINTIFF

v.

Case No. 1:18-cv-00025-KGB-JTK

ZACHERY HARMON, et al.

DEFENDANTS

AGREED PROTECTIVE ORDER
Plaintiff has requested discovery of records containing sensitive information including
disciplinary records regarding Defendants and inmate grievances against Defendants. Such
information, if disclosed to Plaintiff, arguably could pose a security risk. However, Defendants
have the information as part of responses to discovery. Discovery was recently re-opened and
Defendants want to provide their responses to Plaintiffs’ Counsel so as not to delay upcoming
depositions. In order to permit Plaintiff’s Counsel adequate access to the records necessary to
present completely Plaintiff’s case herein, and, at the same time to protect security at the prison
and protect persons named in records maintained by Defendant and its employees, it is hereby
ORDERED, ADJUDGED and DECREED as follows:
1. Defendants have agreed to produce complete copies of disciplinary records regarding
Defendants and grievances by other inmates against Defendants requested by Plaintiff pursuant to
the Federal of Civil Procedure;
2. Said documents shall be considered confidential;
3. All confidential records or other information provided hereunder shall be used for the
purpose of this litigation, and none of the confidential material may be used for any other purpose
whatsoever. Moreover, Plaintiff may not utilize directly or indirectly the confidential records,

documents, or other information made available pursuant to this Order in any other administrative
complaint, proceeding, or civil action;
4. All confidential records, documents, tapes, or other information provided hereunder
shall be retained in the custody of the Plaintiff’s Counsel during the pendency of this litigation;
5. If confidential documents or records are used during depositions, those portions of
depositions mentioning the documents or involving the depositions shall be treated as confidential
in accordance with this Order; except Plaintiff’s Counsel may discuss such information in general
terms with the Plaintiff;
6. Plaintiff’s Counsel may use such documents in this litigation and at trial, if otherwise
admissible. However, this Order does not constitute a ruling on the admissibility of said records;
7. Plaintiff’s Counsel, promptly upon completion of this litigation, or before if at such time
he has no further use of the confidential information, whichever shall first occur, shall return to
the Defendants’ Counsel all materials produced, and all copies and extracts of data from such
materials, at the cost to Defendants’ Counsel;
8. This Protective Order shall govern all pre-trial proceedings but shall be subject to
modification either before, during or after the trial on the merits, upon application of any of the
parties to this lawsuit and for good cause shown;
9. This Order is without prejudice to the rights of any party to make objections to the
discovery as permitted by the Federal Rules of Civil Procedure or by any statute or other authority.
So ordered this the 26th day of June, 2020.

_____________________________
Kristine G. Baker
United States District Judge

2