Haskett et al v. Gamma Powersports et al

Filing 87

PROTECTIVE ORDER. Signed by Chief Judge Brian S. Miller on 4/12/2017. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
\TESTERN DIVISION

ROBERT HASKETT AND LAURA HASKETT

NO.

VS

3:

PLAINTIFFS

16-CV-00047 DPM/PSH

T,N.H.D PARTNERS, LLC d/b/a HARLEY DAVIDSON OF
COOL SPRINGS; 4162DOERR ROAD, INC. D/B/A MARSHALL
DISTRIBUTING, INC.; \øESTERN PO\øER SPORTS, INC.,
as successor of MARSHALL DISTRIBUTING, INC.;
PO\øER PzuME LIMITED; And JOHN DOE 1,
UNKNO\øN DEFENDANT

DEFENDANTS

The parties to the above-referenced proceeding have requested that a Protective Order
be entered, and good cause appearing therefore,

1.

it

is so ordered by the

Court

as

follows:

The term "Discovery Materials" shall be deemed to mean produced documents,
responses

to

interrogatories and requests for admissions, deposition

or

other

[estimony, and any other information, document(s) or object(s) which have been

or will be

disclosed, produced

proceedings in this action,

All

or

received

by any party during

prehearing

Discovery Materials produced during this action

shall be used only for the prosecution or defense of this action and shall not be
used for any business or competitive purpose or any other purpose whatsoever.

Z.

The term "Protected Information" shall be deemed to refer to all Discovery
Materials designated by any party or non-party as either "Confidential" or "Highly

Confidential
as se[

- Attorneys' Eyes Only" during the course of discovery in this case,

forth below

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The following shall govern as to all "Protected Information.'

(a)

Any party or non-party who produces or provides Discovery Materials

(a

"producing party") may designate as "Confidential" any Discovery Material that

the producing party believes in good faith constitute or disclose information thar
qualifies

for protection pursuant to Federal Rule of Civil

including, but not limited

Procedure 76(c)

[o, information that is a trade secret or

other

confidential research, development, commercial, or financial information.

(b)

Confidential material may be further designated as "Highly Confidential

Attorneys' Eyes Only" by a producing party

if that producing

-

party believes in

good faith rhat the material contains or discloses information that would, if
disclosed to a competitor or to any entity

in

with whom the producing parry

engages

commercial activity, either (Ð reveal significant proprietary technical or

business information

of or held by the producing party, (ii) cause substantial

economic harm to the competitive position of the producing par[y or (iii) put any
person receiving such information at an unfair competitive advantage.

(c)

A producing party may designate written Discovery Materials

as Protected

Information by causing each document that contains such information to be
stamped

or

labeled "CONFIDENTIAL"

ATTORNEYS' EYES ONLY,'

(d)

or "HIGHLY CONFIDENTIAL -

as applicable.

\7ith respect to depositions or other testimony, a party or witness may, by

statement on the record or by other agreement of counsel, designate any portion

of testimony as Protected Information. (Any party or witness present who

is

allowed by this Order to receive the Protected Information, as designated, may
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remain present during the scope

of

questioning with regard

to

subjects so

designated, while all other persons shall be excused until questioning regarding

non.Protected Information has resumed.) In addition, the party or witness may,

by letter to all counsel of record, designate any portion of the testimony

as

Protected Information at any time up to thirty (30) days after actual receipt of the

final transcript of the testimony. Until the end of the thirty-day period (or until
an earlier designation is made by counsel), the entire testimony shall be treated

Highly-Confidential

(e)

-

as

Attorneys' Eyes Only.

Material designed Highly Confidential

disclosed directly or indirectly,

-

Attorneys' Eyes Only shall not be

in whole or in part, in words or substance, except

during the course of this case and then only to and among the following persons:

1.

The outside and in-house attorneys for the receiving party directly

involved

in this lawsuit, and those attorneys'

employees working under

their direct supervision;

2.

Any person retained by any attorney described in

subparagraph

(e)(1) above, to assist as an independent consulting or testifying expert in
the preparation of this action for trial who is neither employed by a party

nor a competitor of the producing party (if there is any question about
whether or not an expert is a competitor of or is employed by a competitor

of the producing parry, no material designated Highly-Confidential Arrorneys' Eyes Only shall be provided to the expert before (a) the person
desiring to do so has notified the producing party of the

.*p.r,

and the

designated material involved, (b) the producing party has been given at

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least ten days within which

to object, and (c) in the event that

the

producing party does object, that objection has been overruled by the
Court.);

3,

Court officials involved in this litigation (including court reporters

and person operating video recording equipment at depositions), provided

that the parties and any other person subject to the provisions of this
Order shall comply with the provisions governing the sealing of materials
set forth below; and

4.

Ary

person who authored

or

received such information or

documents in the ordinary course of the business of his or her employer.
(0

Material designated Confidential,

but not

Highly-Confidential

Attorneys' Eyes Only shall not be disclosed, directly or indirectly, in whole or in
part, in words or substance, except during the course of this case and then only to
and among the following persons:

1.

Any person who would be permitted pursuant to paragraph (e) to

receive the material

if it

had been designated Highly,Confidential

-

Attorneys'Eyes Only;

Z,

Any party or person employed by a party, or retained by

attorney described

in

independent consulting

subparagraph (e)(1) above,

to

assist

any

as an

or testifi/ing expert in the preparation of this

action for trial, whether or not that person qualifies to receive Highly.
Confidential

-

Attorneys' Eyes Only material;

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3.

Any agent or employee of a party or third-party who becomes the

subject of a discovery request in this matter who is required by such party

or third.party to work on this litigation or on such discovery request, but
only in connection with such work; and

4,

Any person whose testimony is taken or may be taken in this

action, except that such person may only see and retain copies of the
Confidential material during his or her testimony, in preparation therefor,
or in discussions with persons described in subparagraphs (e) (1), (f) (2), or
(0

(3) above regarding possible testimony, and may not thereafter retain

any such information.

(g)

Except for the Court, court employees, and counsel of record in this case,

any person permitted to receive Protected Information under paragraphs (e)

or (0

musr be provided with a copy of this Order and sign a confidentiality agreement in

the form atrached thereto as Exhibit A prior to receiving any

Protected

Information. The person or party subject to this Order who disclosed Protected
Information is responsible for ensuring that any person to whom disclosure

is

made complies with this provision.

(h)

Any party may at any time challenge the designation of information

CONFiDENTIAL

OT

as

HIGHLY CONFIDENTIAL _ ATTORNEYS' EYES ONLY

by providing written notice of its objection to the producing party, ot, in the case

of a deposition, either on the record at a deposition or in writing later. If, after a
meet-and-confer process,

the parties cannot reach

agreement, either the

producing party or challenging party may, on reasonable notice, apply for an
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appropdate ruling from rhe

Court. The disputed material shall continue to be

treated as designated by the producing party unless and until the Court orders

otherwise,

In

any application concerning a ruling on the confidentiality of

information, the party claiming the designation of confidentiality has the burden
of establishing that such confidential designation is proper.

(Ð

Inadvertent disclosure of information subject to work-product or attorney-

client privilege, or other legal privilege protecting information from discovery
along shall not constitute a waiver of the privilege.

(j)

Nothing

in this Order

document or information
subpoena

in its

shall prevent any party from producing
possession

to another person in

response

or compulsory process; provided, however, that if any party

any

to

a

receives

such a subpoena or compulsory process seeking production or other disclosure of

Protected Information, that party shall give immediate written notice
counsel for the producing party within ten (10) business days and,

to the

in any case,

before the time for compliance with the subpoena or compulsory process expires,

identifting the materials and, unless prohibited by applicable law, enclosing a copy

of the

subpoena

or other compulsory process. Unless the subpoena to other

compulsory process specifically requires that notice not be provided

to

the

producing party, in no event shall production or other disclosure be made before

a

reasonable notice is given.

(k)

The Court shall maintain under seal all materials which are, in whole or in

parr, designated as Protected Information, including all pleadings, deposition
transcripts,

trial

transcripts, exhibits, discovery responses,
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or

memoranda

purporting

to

reproduce

or paraphrase

Information shall be filed

in

such information. The Protected

sealed envelopes

or other

appropriately sealed

containers, which shall be endorsed with the title of this action, an indication of
the nature of the contents of such sealed envelopes or other containers, the words

"CONFIDENTIAL" or "HIGHLY CONFIDENTIAL
ONLY,"

as applicable, and a statement is substantially

-

ATTORNEYS'

EYES

the following form:

THIS ENVELOPE CONTAINS DOCUMENTS

\øHICH \7ERE FILED IN THIS CSAE BY
(name of Party or name of Deponent) AND
PURSUANT TO THE COURT'S ORDER OF
20t7, IS NOT TO BE OPENED OR
_,
THE CONTENTS THEREOF DISPLAYED OR
REVEALED EXCEPT BY ORDER OF THIS
COURT.

(l)

In the event that a party wishes to use any Protected Information in

any

of law, or other papers filed in Court in

this

affìdavits, briefs, memoranda

litigation, such materials used therein shall be filed and maintained under seal by
the Court.

(m) At Counsel's request and no later than sixty (60) calendar days from
settlement or final judgment, all copies of Protected Information in the possession

of any party or any persons provided access to said materials shall be destroyed or
returned to the producing party, except that work product, pleadings, deposition
transcripts, court transcripts and trial or hearing exhibits may be retained by
counsel of record, subject to the terms of this Order.

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(n)

No copies shall be made of the Protected Information except that counsel

may copy protected documents for use

in the present action, subject to the

provisions of this Order.

(o)

This Protective Order shall not constitute a waiver by the parties of any

objection which might be raised as

to rhe admissibiliry of any evidentiary

materials. This Protective Order shall be without prejudice to the rights of any
party to oppose production of any information on any ground. This Protective
Order shall not be construed to prevent any party from using its own Protected
Information

in any manner it

chooses,

or to prevent the introduction of

any

Protected Information into evidence at any trial of this case subject to the terms of
rhis order

12th
IT IS SO ORDERED on this

day of

April

2017,

UNITED STATES DISTRICT JUDGE

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2
H.

Date

Attorney fcn
Trammell Piazza Law Firrn
1501 N. Universiry

Suite 350

Little Rock, AR72Z07

Michael McCarty Harrison
Attomq þr T.N,H.D Pmtners,ILC
dhlaHarley Davidson of C,aol Spnngs
'Watts,
Donovan {irTilley, P.A.
200 River Market Avenue, Suite 200
Little Rock, AR7Z20L

Date

Michael B. Heister
Attomey for 4162 Doen Road,Inc.
d lb / a Mm shall Distributing Inc.
Quattlebaurn, Grooms &.Tull PLLC
111 Center Streer, Suite 1900
Little Rock, AR7ZZ01

Date

Michael E. Hale
Attomey for Power Prime Limited
Barber Law Firm
425 West Capitol Ave., Suite 3400
Lictle Rock, AR 72201

Date

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Melocly H, Piazza

Date

Attornry forPlainriff
Trammell Piazza Law Firm
1501 N. Universiry

Suite 350
Little Rock, AR 72207

Attarney for

T.N

dlblaHarley
'Watts,

Date
armers,

LLC

of Cool Spnngs
Tilley, P.A.

200 River Market Avenue, Suite 200
Little Rock, AR 72201

{kL--"î

?þ*

3

Michael B, Heister
Anome¡ for 4162 Doen Road,Inc.
d lb I a M m sh all D is tributing, lnc.
Quattlebaum, Groonrs &.Tull PLLC
111 Center Srreer, Suire 1900
Litcle Rock, AR 72201

Mlchael E. Hale
Attamey

Date

for Power PrimeLimincl

Ba¡ber Law Firm
425 Vest Capitol Ave., Suire 3400
Little Rock, AR 7?201

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Melody H.Piazza
Attomey for Plaintiff
Trammell Piazza Law Firm
1501 N. University
Suite 350
Little Rock, AR7ZZ07

Date

Michael McCarty Harrison

Date

Attorney /or T.N.H,D Partners, LLC
dlblaHarley Davidson of CooL Spnngs
'Watts,
Donovan &. Tilley, P.A.
200 River Market Avenue, Suite 200
Little Rock, AR 72201

Michael B. Heister
Attomey for 4162 Doerr Road,Inc.
d lb I a Mmshall Distributing, Inc,
Quattlebaum, Grooms &.Tull PLLC
111 Center Street, Suite 1900
Little Rock, AR77Z0l

Date

È
E. Hale
Attomey for Power PrimeLímited

Barber Law Firm
425 West Capitol Ave., Suite 3400

Little Rock, AR7220t

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EXHIBIT

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IN THE UNITED STATES DISTRICT COURT
EASTERN DISTzuCT OF ARKANSAS
\øESTERN DIVISION

ROBERT HASKETT AND LAURA HASKETT

NO.

VS

3

:

PLAINTIFFS

16-CV-00047 DPM/PSH

T.N,H.D PARTNERS, LLC d/b/a HARLEY DAVIDSON OF
COOL SPRINGS; 4162DOERR ROAD, INC. D/B/A MARSHALL
DISTRIBUTING, INC.; \TESTERN PO\ØER SPORTS, INC.,
as successor of MARSHALL DISTRIBUTING, INC.;
PO\øER PRIME LIMITED; And JOHN DOE 1,
UNKNO\øN DEFENDANT

DEFENDANTS

ORDER

I have carefully read the Protective Order entered in the above-captioned matter, and I
agree to be bound by its terms. Specifically, and without limitation upon such terms,

I agree not

to use or disclose any Confidential or Highly Confidential documents made available to me other
than in accordance with the Protective Order
I hereby agree to submit to the jurisdiction of the U.S. District Court for the Eastern
District of Arkansas for enforcement of the undertaking I have made herein.
Dated;

Signed Name

Printed Name

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