Proctor v. Pride Mobility Products Corporation et al

Filing 14

AGREED PROTECTIVE ORDER. Signed by Judge Susan Webber Wright on 10/18/11. (vjt)

N THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF ARKANSAS

EASTERN DIVISION

RICHARD PROCTOR, Individually and as
Personal Representative of the ESTATE OF
VIRGINIA PROCTOR, Deceased

PLAINTIFF

Case No. 2-11-cv-0020 SWW

vs.

PRIDE MOBILITY PRODUCTS CORP., THE
SCOOTER STORE LTD. AND JOHN DOES 1-10

DEFENDANTS

AGREED PROTECTIVE ORDER
Purpose and Scope
1.

Discovery in this action may involve disclosure oftrade secrets and other confidential

and proprietary business, technical and financial information. This Protective Order ("Order")
therefore is entered to protect against unauthorized disclosure ofsuch information and to ensure that
such infOlmation will be used only for purposes of this action. This Order shall govern all
information (whether in writing, in electronically readable form, or otherwise), interrogatory
responses, responses to requests for admission, documents produced in response to requests for
production or voluntary production of documents, deposition testimony, including but not limited
to all copies, excerpts, and summaries thereof or materials derived therefrom, and all other material
and information produced, given, filed, or otherwise used in the course of pretrial discovery and
other proceedings in this action, and any motions, briefs or other filings incorporating such
information (collectively, "Discovery Material").
Applicability and Designation of Materials
2.

Except as otherwise ordered by the Court, this Order shall apply to all documents and

items supplied by Pride Mobility Products Corporation in this case which are designated as

t1

co nfidential ll or II subject to protective order" or similar designation (hereinafter referred to only as

"confidential").
3.

Information revealed or contained in a deposition which is confidential pursuant to

tbis Order shall be identified in the deposition as being confidential and subject to this Order. That
portion ofthe deposition shall thereafter be separately reflected as confidential and being subject to
this Order.
Disclosure

4.

Except withprior written consent ofcounsel for Pride MobilityProducts Corporation

or prior order ofthe Court, confidential information subject to this Order shall only be disclosed as
follows; (a) to counsel of record for the respective parties including their office and c1erical stili;
(b) the parties themselves (including any statutory beneficiaries), and officers, directors and

necessary employees of any party in connection with this case; (c) expert witnesses or consultants
engaged by a party to assist in the prosecution or defense ofthe action provided such witnesses and
consultants separately agree to be bound and governed by the terms ofthis Order; (d) the Court and
Courtpersonnel subj ect to such safeguards as the Court may deem necessary; (e) non-party vvitnesses
and their counsel only to the extent disclosure is necessary for their testimony and provided that they
shall separately agree to be bound and governed by the terms of this Order.
Non-Disclosure

5.

AU parties and persons to whom confidential information and/or documents are

disclosed are authorized only to use such information and documents in connection with tbis action
and are precluded from disclosing the information or documents to any other person except as
specifically provided herein. No person receiving or reviewing such confidential information shall

disclose it or its contents to any person other than those authorized by tbis Order and for the purposes
specified in this Order.

Disputes
6.

Any party may object to the designation of particular discovery material. as

"confidential" or "subject to protective order" by giving written notice to the party making the
designation and to all other parties. Such notice shall identify with specificity the discovery material
to which the objection is directed and the basis of the objection. Ifthere is dispute, it shall be the
obligation ofthe party 0 bj ecting to the designationto file an appropriate motion requesting in camera
review and a ruling by the Cou..'1: that the disputed discovery material be designated as "confidential"
or "subject to protective order". The party making the designation or any other party shall then file
opposition papers in support ofthe designation. The disputed discovery material shall be treated as
originally designated pending a ruling from the Court. In any proceeding under this paragraph, the
party making the designation shall have the burden of proof that the challenged discovery material
is entitled to the protection of this Order.
7.

The authorization contained herein for Pride Mobility Products Corporation to

designate any information as "confidential" or "subject to protective order" is intended solely to
facilitate the proceedings in this suit and such designation shall net be construed as an admission or
agreement that such infonnation constitutes or contains confidential or secret information.

Return of Discovery Material
8.

Atthe conclusion oftbis litigation, the parties and theirrespective counsel shall, upon

request, return to counsel for the party making a designation all documents and items which are
confidential and supplied subject to this Order as well as any copy, notes or record of confidential

information supplied by the party making a designation subject to this Order including copies
supplied to expelis, consultants or witnesses.
No Waiver

9.

N either the taking of any action in accordance with the provisions ofthis Order, nor

the failure to object hereto, shall constitute a waiver of any claim or defense in this action. This
Order shall not be construed as a waiver of any right to 0 bj ect to the furnishing of information in
response to discovery and, except as expressly provided, shall not relieve any party or witness ofthe
obligation to produce information properly sought in the course of discovery. Nothing herein shall
be construed to affect in any way the admissibility of any document, testimony, or other evidence
at trial of this action. Nothing contained in this Order or any declaration of confidentiality or
restriction hereunder shall be used or characterized by any party as an "admission" by a party
opponent. The failure ofa party to object to or challenge a designation by another party ofdiscovery
material as "confidential" shall not constitute an admission that the materials so designated are in
fact confidential, are trade secrets, or other confidential research, development, or commercial
information, or are entitled to any legal protection.
10.

If any pa..rty wishes to disclose any material designated as "confidential" to any

persons not referred to in paragraph 2 of this Order, they may seek written permission from the
producing party or the Court.
Motion for Modification

11.

This Order may be amended without leave of Court by the agreement of counsel for

Pride Mobility Products Corporation in the form of a stipulation that shall be filed in this case.

Termination of Proceedings
12.

The provisions of this Order shall survive and remain in force and effect after the

conclusion oftrus litigation whether the conclusion be by settlement or litigation.

Continuinl: Jurisdiction
13.

The Court retains jurisdiction to construe and enforce the provisions of this Order.

Treatment of Confidential Information at Trial
14.

The treatment ofConfidential Information to be introduced at trial shall be the subject

of a later Order as will be determined by the Court at a later date.
It Is So Ordered.

Date:

A{Z{jred:

d1

Cbns Averitt, Esq.
Scholtens & Averitt

113 E. Jackson Avenue

Jonesboro. AR 72401

Attol1Jey for Plaintiff

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Barber. McCaskill, Jones & Hale. P.A.

2700 Regions Center

400 W. Capitol Avenue

Little Rock, AR 72201

Attorney for Defendants

501-372-6175

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