Nettles v. Hytrol Conveyor Company

Filing 15

STIPULATION AND AGREEMENT FOR PROTECTIVE ORDER. Signed by Judge Kristine G. Baker on 11/12/2015. (jak)

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

LEISA NETTLES
v.

PLAINTIFF
Case No. 3:15-cv-00123-KGB

HYTROL CONVEYOR COMPANY, INC.

DEFENDANT

STIPULATION AND AGREEMENT FOR PROTECTIVE ORDER
Now on this 12th day of November, 2015, comes to be considered the Stipulation
and Agreement for Protective Order, and the Court, being well and sufficiently advised in
the premises, orders, to-wit:
1.

Confidential Documents, as later defined herein, and obtained by Plaintiff

from Hytrol Conveyor Company, Inc. (“Hytrol”), during discovery in this action, shall be
used only for the purpose of this litigation and for no other purpose whatsoever, and shall
not be given, shown, made available or distributed in any way to anyone except
“Qualified Persons,” as herein defined. This shall not apply to documents, otherwise
designated as “Confidential,” but obtained from sources other than Hytrol.
2.

Confidential Documents shall be deemed to mean any and all documents

produced by Hytrol to Plaintiff that contain the private, confidential, and protected
employee information of Hytrol employees, not including documents that pertain directly
to Plaintiff.
3.

Except with the prior written consent of Hytrol, or pursuant to further order

of this Court, on motion with notice to Hytrol, no Confidential Documents may be
disclosed to any person other than "Qualified Persons" who shall be defined to include:

i.

All counsel of record in this action, and secretaries, paraprofessional

assistants and other employees of such counsel who are actively engaged in
assisting counsel in connection with this action;
ii.

Outside experts and/or consultants retained by any counsel for the

purpose of assisting in the preparation of this case.
iii.

Witnesses, either by deposition or trial testimony, who may be

shown such materials as are subject hereto, and questioned about the same.
4.

This Order, insofar as it restricts the distribution, in any way, and use of

Confidential Documents, shall continue to be binding through and after the conclusion of
this litigation. At the conclusion of this action, including all appeals:
i.

Counsel for Plaintiff shall take all reasonable steps necessary to

reclaim all Confidential Documents produced by Hytrol and counsel shall return
all copies of such Confidential Documents to counsel for Hytrol at the expense of
Hytrol. Counsel for each party shall retain one archived set of all Confidential
Documents produced by its client for a period of three (3) years following the
completion of this litigation, including post-judgment motions and appeals.
Counsel may destroy the archived set at the end of this three-year period without
notice to the other parties or their attorneys.
ii.

Counsel and all other Qualified Persons are enjoined from

distribution of any Confidential Documents obtained during the course of this
proceeding and in violation of this Protective Order Pursuant to Stipulation and
Agreement. Severe sanctions will attach to any person who discloses such in
2

violation of this provision.
5.

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

this Order at any time as to specific matters designated "Confidential Documents" to
remove such from the application of this Order pursuant to further Order of this Court.
DATED this 12th day of November, 2015.

_____________________________________
Kristine G. Baker
United States District Judge