Riffey et al v. CRST Expedited Inc et al

Filing 28

PROTECTIVE ORDER. Signed by Judge Billy Roy Wilson on 7/15/2013. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
DAVID MICHAEL RIFFEY
and BEREN RIFFEY

PLAINTIFFS

VS.

3:12-CV-00294-BRW

CRST EXPEDITED, INC. F/K/A
CRST VAN EXPEDITED, INC., et. al

DEFENDANTS

PROTECTIVE ORDER
The Court hereby orders that any and all drug and alcohol testing documents relevant to
Separate Defendant Mario Acevedo Becerra and in the custody and control of any CRST Defendants
be produced under the terms stated herein.
1.

All documents produced under this Order will be designated as confidential and the

information contained therein shall be used only for the prosecution, defense, or settlement of this
action and for no other purpose.
2.

Confidential documents shall be so designated by stamping copies of the documents

produced with the legend “CONFIDENTIAL” or “CONFIDENTIAL SUBJECT TO PROTECTIVE
ORDER” or similar language to identify the documents as being subject to this order. The
designation on the cover of any multi-page documents shall designate all pages of the document as
confidential unless otherwise noted.
3.

Confidential material pursuant to this Order may be disclosed or made available to

the Court, to counsel for a party (including the paralegal, clerical and secretarial staff employed by
such counsel), and to the “qualified” persons designated below:
a.

Experts or consultants (together with their clerical staff) retained by such
counsel to assist in the prosecution, defense or settlement of this action;

b.

Court reporters employed in this action;
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c.

To a witness at a deposition or other proceeding in this action with the
express understanding that any portions of that testimony describing or
otherwise addressing Confidential information will be maintained as
Confidential as well.

d.

Any other person to whom the parties, in writing, agree or as directed by
the Court by specific order.

4.

Prior to receiving any confidential information each “qualified” person shall be

provided with a copy of this Order and shall be subject to its terms and conditions.
5.

The Court specifically orders that any confidential information obtained during the

discovery process as described by this Order shall not be filed with the court clerk, but can be sent
under separate cover to the Court along with any motions or other pleadings that the Court may
consider.
6.

This Order shall not be deemed to prejudice the parties in any way nor shall any

application for modification of this Order or to later seek production of other documents to which
the parties may object. All designations of confidentiality shall be made based on a good faith belief
that the document(s) should, in fact, be subject to the confidentiality order.
7.

In the event any party wishes to challenge a designation of confidentiality, that party

shall have twenty days from receipt of the document(s) in which to give the other parties, and the
Court, notice of the challenge. While a challenge is pending before the Court, the document(s) shall
remain subject to the terms of this Order unless and until the Court rules otherwise. In any
proceeding to challenge a designation of confidentiality, the party seeking to accord protective status
to the document or documents shall bear the burden of proof, unless the challenge is not made within
twenty days from receipt, in which event the burden shall be upon the party challenging the
confidential status.

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8.

This Order is entered solely for the purpose of expediting and facilitating the

exchange of documents and information between the parties in this action without additional
involvement by the Court unnecessarily in this process. Nothing in this Order or the production of
any information or document under the terms of this Order or any proceedings pursuant to this Order
shall be deemed of the effect of an admission or waiver by any party or of allowing the
confidentiality or non-confidentiality of any such document or information or altering any obligation
of any party in the absence thereof.
9.

This Order shall survive the final termination of this action to the extent that the Court

does not lift or otherwise limit the application of this Order. Within 30 days of final conclusion of
this case, counsel in possession of Confidential materials shall return to the providing party all
confidential materials, along with a certificate of compliance made by Plaintiff’s counsel.
IT IS SO ORDERED this 15th day of July, 2013.

/s/Billy Roy Wilson
UNITED STATES DISTRICT JUDGE

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