Turner v. West Memphis City of

Filing 9

AGREED PROTECTIVE ORDER. Signed by Judge J. Leon Holmes on 10/19/2015. (jak)

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

PLAINTIFF

v.

NO. 3:15CV00093 JLH

CITY OF WEST MEMPHIS

DEFENDANT

AGREED PROTECTIVE ORDER
Plaintiff has requested discovery of records containing sensitive information. In order to
permit Plaintiff adequate access to the records necessary to completely present this case herein,
and, at the same time to address privacy concerns, it is hereby ORDERED, ADJUDGED and
DECREED as follows:
1.

Plaintiff has requested personnel files and records of the City of West Memphis.

2.

All confidential records or other information provided hereunder shall be

used for the purpose of this litigation and none of the confidential material may be used for any
other purpose whatsoever. Moreover, the parties and their counsel may not utilize directly or
indirectly the confidential records, documents, or other information made available pursuant to
this Order in any other administrative complaint, proceeding, or civil action;
3.

All confidential records, documents, tapes, or other information provided

hereunder shall be retained in the custody of the parties' counsel (including counsel's staff)
during the pendency of this litigation. Counsel may also provide copies of such confidential
records, documents or other information to any expert witness[ es] retained by the parties or

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persons frequently employed by such expert[s] whose review of the material is necessary for the
parties' prosecution in this litigation;
4.

If confidential documents or records are used during depositions,

the

depositions shall be treated as confidential in accordance with this Order.
5.

Any

document,

information

or

deposition

designated

as

confidential

under this Order shall, when filed with the Court, be clearly marked "confidential" sealed, placed
in separate, secure storage by the Clerk, and opened only by authorized Court personnel.
6.

Counsel and their staff and the retained expert witness/witnesses shall not in any

manner, directly or indirectly, transfer confidential records, documents or other information
provided hereunder or copies thereof, or communicate, orally or in writing, any of the data
contained in said material to any person;
7.

Counsel, promptly upon completion of this litigation, or before if at such time

they have no further use of the confidential information, whichever shall first occur, shall return
to the respective parties all materials produced, and all copies and extracts of data from such
materials, or destroy the materials and confirm destruction of same.
8.

This Protective Order shall govern all pre-trial proceedings, but shall be subject to

modification either before, during or after the trial on the merits, upon application of any of the
parties to this lawsuit and for good cause shown.
9.

The provisions of this Order shall not affect the admissibility of evidence at trial

or any preliminary evidentiary proceeding in open court, except as directed by separate Order of
this Court. Additionally, the confidential information/documentation covered by this protective
order which are not exempt from disclosure under the Arkansas Freedom of Information are not
subject to this Order.

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10.

This Order is without prejudice to the rights of any party to make objections to the

discovery as permitted by the Federal Rules of Civil Procedure, or by any statute or other authority.
11. Notwithstanding paragraphs 1-10 above, the parties' respective counsel may retain one
complete set of all documents containing confidential information or other information or
documents covered by this Order.
IT IS SO ORDERED THIS

/Cf~

(

DAY OF

C):',~

U.S. DistrQ~/R
Order Prepared by:

Isl Michael Mosley
Michael Mosley, Ark. Bar No. 2002099
Attorney for Defendant
Post Office Box 38
North Little Rock, AR 72115
Phone: [phone]
E-mail: [e-mail]
AND
Approved by:

Isl Andre B. Mathis
Andre B. Mathis
Glankler Brown, PLLC
6000 Poplar Avenue, Suite 400
Memphis, TN 38119-3955
Phone:[phone]
amathis(@,glanker.com

3

'2015.