Ledgerwood et al v. Gillespie

Filing 41

AGREED PROTECTIVE ORDER. Signed by Judge D. P. Marshall Jr. on 9/23/2016. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS

ETHEL JACOBS

vs.

PLAINTIFF

NO. 3:16-CV-119

CINDY GILLESPIE, in her official capacity
as Director, Arkansas Department of
Human Services

DEFENDANT

AGREED PROTECTIVE ORDER
THIS MATTER came on upon the stipulation of the parties that a Protective Order be
entered pursuant to Federal Rule of Civil Procedure 26, governing the disclosure and use of
certain info1mation to be provided by Defendant to Plaintiff during the discovery process.
Disclosure and discovery activity may involve production of certain confidential information or
private information for which special protection from public disclosure and from use for any
purpose other this in this litigation is warranted. Accordingly, the parties hereby stipulate to this
protective order as follows:
l.

That all Plans of Care and all Assessment Summary Reports, including redacted and
deidentified Plans of Care and redacted and deidentified Assessment Summary
Reports, provided to Plaintiff by Defendant in response to Plaintiffs discovery
requests, including Plaintiffs Requests for the Production of Documents Nos. 12
through 21, except those of Plaintiff, Ethel Jacobs, be used only for purposes of this
litigation and any appeals therefrom, if any, and not for any other purposes and not
otherwise be disclosed or redisclosed to any person or entity other than: ( l) the parties
to the litigation; (2) the Court and Court staff; (3) expert witnesses in this litigation
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(4) court reporters; and (5) and counsel of record and their staff, including outside
counsel, if any. The covered documents may be redisclosed to representatives of
Defendant, including DHS counsel, officials, witnesses and representatives.
2. These Plans of Care and Assessment Summary Reports, including de-identified Plans
of Care and Assessment Summaries and Reports provided to Plaintiff by Defendant,
may possibly contain confidential informational or private information even after
deidentification.
3. All Plans of Care and Assessment Summary Reports will be stored and maintained by
Plaintiff, through counsel, at a location and in a secure manner that ensures that
access is limited to those allowed under this Order until either destroyed and returned
to Defendant's counsel after completion of litigation.
4. The Court will retain jurisdiction for one year after the end of the case (including
appeals) to enforce this order. Thereafter, the parties' obligations will be solely a
matter of contract.

PURSUANT TO THIS STIPULATION, IT IS SO ORDERED.

D. P. Marshal(Jr.
United States District Judge

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AGREED:

Date:
Kevin De Llban, AR Bar No. 2012
Legal Aid of Arkansas
310 Mid-Continent Plaz.a., Suite 420
West Memphis, AR 72301
800/ 967-9224
[e-mail]
Counsel for Plaintiff

AGREED:

Date:

9. J2 7-/ I \e

Am~058

Legal Aid of Arkansas
7 I 4 S. Main Street
Jonesboro, AR 7240 I
800/ 967-9224
[e-mail]
Counsel for Plaintiff

AGREED:

[e-mail]
Counsel for Defendant

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AGREED:

Date

--'J/l!/1~--- ---··-· - 3l~~~7~
··
Richard Rosen, AR:"J:i~rN~.97164-·
Office of Chief Counsel
P.O. Box 1437, Slot S260
Little Rock, AR 72203
501/320-6334
[e-mail]
Counsel for Defendant

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