Combined Insurance Company of America v. Thomas et al

Filing 36

STIPULATED PROTECTIVE ORDER. Signed by Judge Susan Webber Wright on 8/1/2013. (jak)

.,

FILED

U.S. DISTRICT COURT
EASTERN DISTRICT ARKANSAS

AUG 01 2013

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
COMBINED INSURANCE COMPANY
OF AMERICA
VS.

NO.. 3:12-cv-254 SWW

DAVID W. THOMAS and
DEBBIE L. THOMAS

DEFENDANTS

STIPULATED PROTECTIVE ORDER
Combined Insurance Company of America, by and through counsel
Wright, Lindsey & Jennings LLP, and the defendants David W. Thomas and
Debbie L. Thomas, prose, submit the following as their stipulated protective
order:
1.

Disclosure and discovery activity in this proceeding may involve

production of confidential, proprietary, and/or private information regarding
the defendants' personal financial information ("documents/materials
addressed herein") for which special protection from public disclosure and
from use for any purpose other than prosecuting this litigation would be
warranted. Accordingly, the parties hereby stipulate to and petition the Court
to enter the following Stipulated Protective Order.
2.

Combined agrees, and is hereby ordered, to not disseminate or

otherwise use for any purpose outside of this litigation, the documents/materials
addressed herein, unless such documents/materials are used to satisfy any

,
judgment obtained in this litigation or are produced in response to a valid order or
warrant of a court or other governmental organization entitled to issue such orders
to include the production of documents required by Arkansas law, specifically
including, but not limited to, Ark. Code Ann.§ 23-66-501, et seq., or any regulation
of the Arkansas Insurance Department.
3.

The entry of this Protective Order does not prevent any party

from seeking a further order of this Court pursuant to Rule 26(c) of the
Federal Rules of Civil Procedure.
4.

Nothing herein shall be construed to affect in any manner the

admissibility at trial or any other court proceeding of any document,
testimony, or other evidence.
5.

The parties acknowledge that this Protective Order does not

confer blanket protection on all disclosures or responses to discovery and that
the protection it affords extends only to the limited information or items that
are entitled to prote.ction regarding the documents/materials addressed
herein.
6.

Nothing herein shall restrict the plaintiff or its agents or

representatives from making working copies, abstracts, digests and analyses
of the documents/materials addressed herein for use in connection with this
action and such working copies, abstracts, digests and analyses shall be
deemed to have the same level of protection under the terms of this Order.
Further, nothing herein shall restrict the plaintiff or its agents or

representatives from converting or translating the documents/materials
addressed herein into machine-readable form for incorporation in a data
retrieval system used in connection with this action, provided that access to
suc~)nformation,

in whatever form stored or reproduced, shall be deemed to

have the same level of protection under the terms of this Order.
;·. 7.

. Within thirty (30) days of the conclusion of this proceeding,

including any appeals related thereto, at the written request and option of the
defendants, the plaintiff and it agents and representatives shall return and
surrender the documents/materials addressed herein, or copies thereof, to the
defendants at the defendants' expense. However, plaintiffs counsel may
retain their privileged communications, work product and materials required
to be retained pursuant to applicable law, or produced in response to a valid
order or warrant of a court or other governmental organization entitled to issue
such orders to include the production of documents required by Arkansas law,
specifically including, but not limited to, Ark. Code Ann.§ 23-66-501, et seq., or any
regulation of the Arkansas Insurance Department. All retained materials shall
remain subject to the terms of this Protective Order.

J

IT IS SO STIPULATED.
WRIGHT, LINDSEY & JENNINGS
LLP
200 West Capitol Avenue, Suite 2300
Little Rock, Arkansas 72201-3699

Debbie L. Thomas, ProSe
919 Justy Lane
Jonesboro, AR 72404
120 Norfork Drive
Henderson, AR 72544

By -------------------------By
Kyle R. Wilson (89118)
Michael A. Thompson (2010146)
Debbie L. Thomas
Counsel for Plaintiff
David W. Thomas, Pro Se
919 Justy Lane
Jonesboro, AR 72404
120 Norfork Drive
Henderson, AR 72544

By
David W. Thomas

IT IS SO ORDERED.
ENTERED this the

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day of J.:ttiy, 2013.

United States District Judge