Winston v. Arkansas State Police Department

Filing 11

PROTECTIVE ORDER. Signed by Judge D. P. Marshall Jr. on 5/16/12. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
DARRELL L. WINSTON

v.

PLAINTIFF

No. 2:10-cv-172-DPM

DEPARTMENT OF ARKANSAS STATE POLICE

DEFENDANT

PROTECTIVE ORDER

The joint motion for protective order, Document No. 10, is granted.
1.

Confidential Information, as later defined herein, and obtained

by either party in this action, shall be used only for the purpose of this
litigation and for no other purpose whatsoever, and shall not be given,
shown, made available or communicated in any way to anyone except
Qualified Persons, as herein defined.
2.

Confidential Information shall be deemed to include, without

limitation: personnel files, proprietary information, and other matters now
requested or hereinafter requested by the Plaintiff, from the Defendant,
and as agreed to by the parties, relating to the operation and organization
of the Defendant and such other information as may be deemed by this
Court to be relevant or material herein.

Defendant will designate this

information as Confidential Information" with the method of designation
II

set forth in the letter of transmittal to Plaintiff's counsel.

If Plaintiff

disputes that the designated information is confidential, and if, after
discussion with Plaintiff's counsel no agreement can be reached, Defendant
shall file a Rule 26(c) motion, pursuant to the Federal Rules of Civil
Procedure, demonstrating good cause as to why the information should be
designated as confidential.

See Miles v. Boeing Co, 154 F.R.D. 112, 114

(E.D.Pa. 1994), citing Zenith Radio Corporation v. Matsushita Electric Indus.
Co., 529 F.Supp. 866 (E.D.Pa. 1981).

3.

Except with the prior written consent of the Defendant, or

pursuant to further Orders of this Court on motion with notice to the
Defendant, no Confidential Information may be disclosed to any person
other than "Qualified Persons" who shall be defined to include the
Plaintiff, Plaintiff's counsel and any future counsel of record for the
Plaintiff in this action, secretaries, paraprofessional assistants, experts, and
other employees of such counsel who would be actively engaged in
assisting counsel in connection with this action. All persons designated as
"Qualified Persons" shall be bound by the terms of this order.

4.

Documents disclosed pursuant to this Order shall not be in the

custody of the Plaintiff.
5.

This Order, insofar as it restricts the communication in any way

and use of Confidential Information, shall continue to be binding through
and after the conclusion of this litigation. At the conclusion of this action,
including all appeals:
a)

Upon request by Defendant, Plaintiff's counsel shall take all

reasonable steps necessary to reclaim all Confidential Information,
including correspondence, memoranda, notes or any other documents
embodying such information, in whole or in part.
b) Counsel and all Qualified Persons are enjoined from disclosing in
any matter any Confidential Information obtained during the course of this
proceeding.
6.

In the event Confidential Information is designated to be used

by any party in this proceeding in deposition, pleading, motions, or at trial
in this matter, the parties shall agree to the terms and conditions of
disclosure pursuant to written stipulation. Alternatively, if no agreement
can be reached, the party desiring to use the Confidential Information shall

submit it to the Court under seal and request an in camera review. In that
event, disclosure shall be in the manner ordered by the Court.
7.

Plaintiff's current counsel shall explain to Plaintiff the terms of

this Protective Order, including the requirements and restrictions he must
observe.
8.

Nothing in this Order shall be construed to affect any person's

rights under any other law to obtain information or documents from a
public agency.
So Ordered.

ru.Marshall Jr. Ii
United States District Judge