Bedford v. West Memphis Police Department et al

Filing 39

STIPULATED AND AGREED PROTECTIVE ORDER. Signed by Judge Kristine G. Baker on 10/6/2016. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
COURTNEY BEDFORD
v.

PLAINTIFF
Case No. 3:14-cv-00115 KGB

WEST MEMPHIS POLICE DEPARTMENT, et al.

DEFENDANTS

STIPULATED AND AGREED PROTECTIVE ORDER
1.

Confidential Information obtained from the City of West Memphis by Plaintiff’s

counsel shall be used only for the purpose of this litigation and for no other purpose, and such
Confidential Information shall not be given, shown, made available or communicated in any way
to anyone except Qualified Persons.
2.

Confidential Information includes, without limitation:
(a) Documents containing confidential personal information, such as social

security numbers, contact information, medical information, dates of birth, and information and
other matters requested by a party now or later.
(b) Any information produced by a party and declared by the party at the time of
production to be Confidential Information. Materials that are being designated as confidential
that do not fall into one of the specific categories named in Section 2(a) should be stamped
confidential, or if Bates numbers are used, documents may be designated as confidential by
Bates number in a letter. A party may oppose a confidentiality designation in writing within 10
days of the designation, at which time the parties shall engage in a good faith effort to resolve the
issue, and may move to remove the confidentiality designation if negotiations fail.

3.

Except with the prior written consent of the City, or pursuant to further Order of

this Court, no Confidential Information may be disclosed to any person other than Qualified
Persons.
4.

Qualified Persons include counsel for Courtney Bedford and any current or future

counsel of record for the Plaintiff in this action, secretaries, para-professional assistants, experts,
and other employees of counsel who are actively engaged in assisting counsel with this action,
court personnel, witnesses at trial or deposition, and the jury.
5.

Upon delivery of Confidential Information to Plaintiff’s counsel, the City (or

City’s counsel) shall execute and submit to Plaintiff and his counsel a document entitled
Inventory of Confidential Documents delivered in the attached form. See Exhibit 1. Documents
containing Confidential Information shall be stamped or otherwise marked as confidential.
6.

No later than one year after the conclusion of this litigation, Plaintiffs and

Plaintiff’s counsel shall destroy all Confidential Information, including, correspondence,
memoranda, notes or any other documents embodying such information, in whole or in part. All
Qualified Persons are barred from disclosing in any manner any Confidential Information
obtained during the course of this proceeding.
7.

Nothing in this Order shall prevent any party from seeking modification of this

Order at any time as to specific matters designated "Confidential Information" to remove such
from the application of this Order.
8.

Any Confidential Information disclosed in any pleading, motion, deposition

transcript, brief, exhibit, or other filing with the Court shall be maintained under seal. To the
extent such confidential filing is capable of redaction, the redacted version of the document is to
be filed on the public docket, with the unredacted version delivered in hard copy to the Clerk’s

Office for filing under seal. The redacted version of a confidential filing may include, when
necessary, slip sheets appropriately labeled “UNDER SEAL” to indicate the exhibits or other
materials that have been omitted in their entirety from the filing due to filing under seal.
SO ORDERED.
____________________________________
Honorable Kristine G. Baker
U.S. District Judge

Date: Octoberr 6, 2016

APPROVED AS TO FORM:
Counsel for City Defendants
John L. Wilkerson
Post Office Box 38
North Little Rock, Arkansas 72115-0038
E-mail: [e-mail]
[phone]

Counsel for Plaintiff
Edward T. Oglesby
Kutak Rock, LLP
124 W Capitol Ave., Ste. 2000
Little Rock, AR 72201
[e-mail]
501-975-3127

EXHIBIT 1
INVENTORY OF CONFIDENTIAL DOCUMENTS PROVIDED
I hereby submit the following documents, document pages, and/or depositions which are
subject to the Protective Order for the protection of documents in Courtney Bedford v City of
West Memphis, et al., filed in the United States District Court Eastern District of Arkansas,
Jonesboro Division.
The City of West Memphis Police Department personnel records of the following individuals:
Joe Baker
Brent Bradley
Alan Darety
Darell Hayes