Toland v. State Farm Mutual Insurance Company

Filing 37

PROTECTIVE ORDER. The parties' joint motion for a protective order 36 is granted, with some changes, to which the parties have consented. Signed by Judge D. P. Marshall Jr. on 10/22/13. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION

RICHARD K. TOLAND

v.

PLAINTIFF

No. 2:12-cv-44-DPM

STATE FARM MUTUAL INSURANCE CO.

DEFENDANT

ORDER
The parties' joint motion for a protective order, NQ 36, is granted. The
Court adopts the parties' proposed order with some changes, to which the
parties have consented. The Court orders:
1.

This Order governs the handling, disclosure, and disposition of

all discovery material in this action, including all documents, information,
depositions, interrogatory answers, admissions, and responses.
2.

State Farm may designate by written notice that discovery

material is confidential if State Farm believes that the material contains or
reflects its trade secrets or other confidential or proprietary information,
research, development, or commercial information.
3.

All confidential information, as it is reviewed for inspection or

copying by Toland, is subject to the terms of this Order, and State Farm may

designate information as confidential as part of the photocopying process.
4.

State Farm may designate information disclosed in depositions as

confidential by indicating on the record at the deposition that the testimony
is confidential and is subject to the provisions of this Order. Or State Farm
may notify Toland in writing within ninety days of receipt of the transcript of
the specific pages and lines of the transcript that should be treated as
confidential. All deposition transcripts shall be treated as confidential from
the time taken until ninety days after receipt of the transcript.
5.

Discovery material designated as confidential by State Farm may

be used by Toland only for purposes of preparing for and conducting pretrial
and trial proceedings in this action and in Alexandra Sims v. State Farm Mutual
Automobile Insurance Company, No. 4:13-cv-00371, which is pending in the

United States District Court for the Eastern District of Arkansas.
6.

Documents designated by State Farm as confidential will be

returned to counsel for State Farm within forty-five days of the conclusion of
this proceeding or the proceeding in Alexandra Sims v. State Farm Mutual
Automobile Insurance Company, No. 4:13-cv-00371, whichever is later.

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7.

Confidential discovery material, and information derived from

that material, may only be shown to Toland and his counsel of record in this
matter and Alexandra Sims v. State Farm Mutual Automobile Insurance Company,
No. 4:13-cv-00371.

Toland and his counsel may disclose confidential

information only to the following persons:
a.

Employees or independent contractors of Toland's counsel

and experts or consultants working with counsel who are required to assist
in this action, provided that they are given a copy of this Order and advised
that they are bound by it;
b.

Officers, employees, agents, or representatives of Toland

who are preparing for or conducting pretrial or trial proceedings in the abovereferenced actions, but only to the extent necessary to do so and provided that
they are given a copy of this Order and advised that they are bound by it;
c.

Persons who are deposed or who are acting as witnesses at

any hearing or trial conducted by the Court in the above-referenced actions
provided that they are given a copy of this Order and advised that they are
bound by it; and

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d.

This Court or any other court before which the above-

referenced actions are pending, including any Court personnel, jurors, and all
other persons lawfully present in the Court proceeding.
8.

Any person having access to confidential discovery material is

prohibited from disclosing that information to others, except as provided in
this Order, and must take appropriate measures to safeguard the information
to prevent its willful or inadvertent disclosure.
9.

Before filing any confidential discovery material with the Court,

Toland must first give State Farm ten business days' actual notice and an
itemization of the confidential material to be filed (by Bates number,
deposition transcript page, deposition exhibit number, or other identification).
If State Farm moves for a permanent or temporary sealing order under

Federal Rule of Civil Procedure 26(c) within this ten-day period, then Toland
may not file the confidential material with the Court until the Court rules on
the sealing motion. But if Toland's rights will be prejudiced by the delay, then
he may file the confidential discovery material under seal for presentation to
the Court pending resolution of the motion for a permanent or temporary
sealing order.

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10.

The parties shall minimize filings under seal, and shall, if

practicable, file redacted materials in the public docket. FED. R. CIV. P. 5.2.
11.

Any designation of confidentiality by State Farm under this Order

will not restrict the use of confidential discovery material at trial or in
connection with motions, hearings, or other communications with the Court
in the above-referenced actions, provided that any confidential material, or
any pleading, motion, or other paper containing confidential information, is
treated as confidential and filed by Toland under seal.
12.

State Farm is authorized to redact from any confidential discovery

material all identifying and private information regarding non-parties to the
litigation, including names, policy numbers, account numbers, contact
information, and banking or loan institutions used.
13.

The provisions of this Order will not prohibit State Farm from

seeking additional protection as it deems necessary for other confidential
material.
14.

The provisions of this Order will not affect State Farm's right to

object to the production of discovery material.
15.

The provisions of this Order will not affect Toland's right to object

to State Farm's designation of any discovery material as confidential.
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So Ordered.

D.P. Marshall Jr.
United States District Judge
22 October 2013

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