Chandler et al v. Jacobs Engineering Group Inc et al

Filing 67

PROTECTIVE ORDER pursuant to agreement of the parties involved in this case. Signed by Judge Billy Roy Wilson on 04/10/2013. (jak)

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

TED AND MARTHA CHANDLER
VS.

PLAINTIFF

3:12-CV-00104-BRW

JACOBS ENGINEERING GROUP, INC., et al.

DEFENDANTS

ORDER

This Matter, having come before the Court on the agreement of the parties; it further
appearing that documents produced - or which may be later produced - confidential research,
development, competitive or commercial information as such terms may be defined and used
under the laws of the State of Arkansas; and it further appearing that judicial economy will be
served by entering of this Order,
IT IS HEREBY ORDERED THAT:
1.

This Order shall govern documents and other material or information (“Litigation

Materials”) produced, formally or informally, in the course of litigation, including but not limited
to documents, data, things, information, deposition testimony and answers to discovery.
2.

As used in this Order, “Confidential Material” shall refer to any document or

other Litigation Materials, or any portion thereof, designated as confidential, as well as
information contained in or derived from such documents or other Litigation Materials.
3.

Any party may designate (the “Designating Party”) any Litigation Materials as

confidential. Such designation shall be made in good faith and constitute a representation by the
Designating Party that it has a reasonable basis to believe that the material so designated is

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appropriate for the protection provided in this Order and that it is entitled to claim such
protection for the material.
4.

Confidential Material and any copy thereof and any notes or summaries made

therefrom shall not be used by any party receiving it, including such party’s attorney or other
representatives including expert witnesses, for any purpose other than the litigation of this action.
5.

All Confidential Material received by an attorney shall be controlled and properly

secured by that attorney to prevent unauthorized access to, or reproduction of, the Confidential
Material.
6.

Confidential material and any copies thereof, and notes or excerpts made

therefrom, shall be disclosed only to “Qualified Persons,” and only to the extent necessary for the
litigation of this action. Qualified Persons are limited to:
a.

Counsel of record for the parties and the parties themselves;

b.

The non-technical and clerical staff employed by Counsel of record;

c.

The independent personnel retained by Counsel of record to furnish technical or
other expert services or advice or to give expert testimony;

d.

Court reporters and deposition transcript reporters; and

e.

The Court and its authorized staff.

7.

In addition, the attorney disclosing the Confidential Material shall take all

necessary steps to ensure that all persons receiving Confidential Material (a) maintain such
material in a protected and secure manner, with access restricted at all times to Qualified Persons
and (b) abide by the terms of this Protective Order.
8.

Except as expressly provided in Paragraph 6 above, should any party desire to

disclose Confidential Material to anyone in addition to Qualified Persons, such party shall

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provide the Designating Party fourteen (14) days prior written notice of the intent to disclose
Confidential Material to such additional person(s), which notice shall state the name and address
of the additional person(s) and the reason(s) review by such additional person(s) is desired. If the
Designating Party objects in writing to such disclosure within that fourteen (14) day period, then
such Confidential Material will not be disclosed unless and until this Court overrules the
Designating Party’s objection.
9.

If a party disagrees with a claim of confidentiality, such party shall notify the

Designating Party in writing. If the dispute cannot be resolved by agreement, such Confidential
material shall be kept confidential unless, within thirty (30) days of receipt by the Designating
Party of such notice, or such other time period as the parties may agree upon, the party objecting
to the designation applies to this Court for an Order specifically excepting the challenged
information from confidential treatment. If such a motion is filed, the information shall be kept
confidential pending a ruling by this Court and the conclusion of any and all proceedings and
appeals challenging such ruling. If such motion is not filed within the applicable time period,
such information shall be kept confidential and the party objecting to the designation shall be
deemed to have waived its objection.
10.

This Protective Order shall survive the termination of this action. All

Confidential Material shall retain that designation and shall remain subject to this Protective
Order until such time, if ever, as the Court renders a decision that any challenged material shall
not be covered by the terms of this Protective Order and any and all proceedings and appeals
challenging such decision shall have been concluded.
11.

Upon final termination of this action, all Confidential Material, including each

copy thereof, and each document and copy thereof that incorporates or references, in whole or in

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part, any Confidential Material or information contained therein, including but not limited to
notes or summaries concerning or pertaining to such Confidential Material, shall at the option of
the recipient of the Confidential Materials be either destroyed or returned to the Designating
Party not later than fourteen (14) days after the ultimate disposition of this case. The recipient
party shall then provide an affidavit affirming that at all times the party has abided by the terms
of this Protective Order, that all Confidential Material in the affiant’s custody or control, and all
Confidential Material that affiant disclosed to Qualified Persons or to others, has been retrieved
and returned to the Designating Party, or has been destroyed.
IT IS SO ORDERED, this 10th day of April, 2013.

/s/Billy Roy Wilson
UNITED STATES DISTRICT JUDGE

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