Quinn v. Ford Motor Company et al

Filing 70

STIPULATED PROTECTIVE ORDER governing the production and protection of documents produced by Autoliv which it considers confidential and proprietary; granting 66 Unopposed MOTION for Protective Order filed by Autoliv ASP Inc. Signed by Judge D. P. Marshall Jr. on 7/6/2011. (mkf)

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

JONESBORO DIVISION

PAULETTE QUINN

v.

PLAINTIFF

Case No. 3:09-cv-26-DPM

FORD MOTOR COMPANY; TRW
VEHICLE SAFETY SYSTEMS, INC.;
TRW AUTOMOTIVE SAFETY
SYSTEMS ARKANSAS, INC.; JOHN
DOES 4-10; JAGUAR CARS LIMITED;
JAGUAR LAND ROVER NORTH
AMERICA, LLC; and AUTOLIV ASP, INC.

DEFENDANTS

STIPULATED PROTECTIVE ORDER
Autoliv's unopposed motion for a protective order, Document No. 66, is
granted. The parties stipulate and the Court orders:
1.

When Autoliv produces in this litigation any documents and other

tangible items that identify, contain, or reference any Autoliv or Autoliv's
customers' design, engineering or testing specifications, Autoliv may stamp
or otherwise mark those documents and things "HIGHLY CONFIDENTIAL,
Disclosure Prohibited by Order of the Court".
CONFIDENTIAL" was selected by Autoliv.

The term "HIGHLY

2.

The parties to this action agree that all designated documents and

things, and the information contained therein, shall be treated as confidential
in accordance with the terms of this Order.
3.

Except with the prior written consent of counsel for Autoliv,

Highly Confidential material may be shown or disclosed only to these
Qualified Persons:
a.

Counsel for the parties in this litigation;

b.

Actual employees of counsel assigned to and necessary to assist
counsel in the preparation of this action;

c.

Independent experts and consultants retained by a party whose
assistance is deemed necessary by that party's counsel for the
prosecution or defense of this action, and employees of those
experts and consultants necessary to assist the experts in
performing their duties. No disclosure, however, shall be made
to any person employed by any competitor of the producing
party;

d.

The parties' employees involved in this action or necessary to
assist the parties' counsel in preparation of this action; and

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e.

This Court or any Court asked to enforce this Order.

4.

Qualified Persons may use any designated Highly Confidential

information and materials only for the purposes of the prosecution or defense
of this lawsuit, and only in accordance with the terms of this Order. With the
exception of the Court, all Qualified Persons having access to any Highly
Confidential material must first be shown a copy of this Order and must agree
to be bound by it. With the exception of the Court, no one will be given access
to Highly Confidential materials without having agreed in writing to be
bound by all the terms of this Order, as set forth in Appendix A.
5.

Except as otherwise provided by this Order, the parties are

prohibited from distributing, showing, disseminating, or providing
photocopies, duplicates, reproductions, abstracts, lists, or summaries of any
designated Highly Confidential material to any person or entity that is not a
Qualified Person. The parties shall not disclose any Highly Confidential
material or information to any person or entity that is not a Qualified Person.
6.

This is a non-sharing protective order, which provides that

Qualified Persons, counsel, parties, and any experts are not permitted to share
or otherwise divulge any Highly Confidential material or information to any

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persons who are not Qualified Persons, and are not permitted to use the
Highly Confidential material or infornlation for any purpose other than the
prosecution or defense of this lawsuit.
7.

In the event that before trial any Highly Confidential documents

or the information contained therein, is included with, or the contents thereof
are in any way disclosed in, any pleading, motion, deposition, or other paper,
those papers shall be the papers shall be redacted to the extent necessary to
preserve confidentiality. For instance, a personnel document which only
contains confidential information such as a birth date, social security number,
or salary information should be redacted to exclude that information, and
then used. Or, if the identity of the individual needed to be protected, the
document could be redacted to exclude the name of that individual. See FED.
R. ClV. P. 5.2 and Advisory Committee Notes. If redaction is impracticable,
or would remove information necessary to the Court's decision on the
relevant motion or paper, and only then, the motion or paper should be
marked Protected and filed under seal and unredacted. (In addition, if
motion packages are filed with the Trial Judge, a copy labeled Trial Judge's
copy shall be delivered to the Trial Judge and these packages shall include a

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copy of protected material, if any, marked as Protected and Under Seal, with
the indication that this material has been filed under seal and is not to become
part of the public record.) Any deposition exhibit that includes Highly
Confidential information shall be subject to the terms and provision of this
Order.
8.

During the trial of this case, if either party seeks to introduce into

evidence documents which are subject to this Order, Autoliv may make
appropriate request of the Court to protect against the dissemination of
Highly Confidential materials. All parties have the right to contest any such
request by Autoliv.
9.

Counsel for the parties will maintain a list of all persons to whom

any Highly Confidential documents or information contained therein is
provided along with the signed agreement(s) pursuant to paragraph 4 above,
and the list and signed agreement(s) shall be available for inspection by the
Court.
10.

All notes, abstracts, lists containing confidential information, or

summaries drafted in connection with the review of Autoliv ASP's Highly

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Confidential material, are to be treated as Highly Confidential and subject to
all of the terms of this Order.
11.

Within 30 days of the termination of this litigation, all Highly

Confidential documents shall be returned by all parties to counsel for Autoliv.
No copies, notes, or summaries shall be kept by all parties, their counsel,
consultants, experts, or agents. Within 30 days of the termination of the
litigation, all parties' counsel shall certify in writing that all Highly
Confidential documents have been returned to counsel for Autoliv, and that
no copies, summaries, or notes of such documents have otherwise been kept
by the parties, their counsel, consultants, agents, or experts.
12.

After the ternlination of this litigation, the provisions of this Order

shall continue to be binding.
13.

This Court retains jurisdiction over the parties, their attorneys,

and experts for enforcement of the provisions of this Order following the
termination of this litigation.
14.
the

This Order shall be binding upon the parties, their attorneys, and

parties'

and

their

attorneys'

successors,

executors,

personal

representatives and administrators, heirs, legal representatives, assigns,

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subsidiaries, divisions, employees, agents, independent contractors, or other

persons or organizations over which they have control.
So Ordered.
D.P. Marshall Jr.
United States District Judge
Q]uly 2011
APPROVED AS TO FORM:

lsi Chris Averitt
Chris A. Averitt#98123
Scholtens & Averitt, PLC
113 East Jackson Ave.
Jonesboro, AR 72401
AND
Tony L. Wilcox
Wilcox Parker Hurst & Lacy, PLC
3000 Browns Lane
Jonesboro, AR 72401

IslDavid B. Weinstein
David B. Weinstein
Amber Stryk Skillern
G. Spence Fricke
Counsel for TRW
defendants

sl Gregory L. Schuck
Gregory L. Schuck
Edwin L. Lowther, Jr.
Kyle Wilson
Counsel for Jaguar and Ford

¥John D. Sear
John D. Sear
Counsel for Autoliv
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EXHIBIT A
AFFIDAVIT OF

--'

being duly sworn and personally appearing before the undersigned
attesting officer, duly authorized by law to administer oaths, deposes and
says that the within statements are true and correct:
1.

I have read the Stipulated Protective Order attached hereto,
and I understand its terms and meanings.
2.

I agree that my signature below submits me to the jurisdiction
of the Eastern District of Arkansas, in the above captioned case and binds
me to the provisions of the Stipulated Protective Order, including to all
promises undertaken in the Order, as if originally agreed by me.
Further Affiant sayeth not.

This

day of

, 20_

AFFIANT

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SUBSCRIBED AND SWORN to before me

this __ day of
, __.

NOTARY PUBLIC

Name:

No.:_

My Commission Expires:

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