Wesby v. Globe Manufacturing Company LLC et al

Filing 18

ORDER: The Court appreciates the parties' work on the proposed protective order. Final edits attached. Please submit a revised version to chambers for entry. Signed by Judge D. P. Marshall Jr. on 6/26/2017. (jak)

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

DAMIEN WESBY

v.

No. 3:16-cv-235-DPM

GLOBE MANUFACTURING
COMPANY, LLC and JOHN DOES,
A-Z, Unknown Defendants

DEFENDANTS

ORDER

The Court appreciates the parties' work on the proposed protective
order. Final edits attached. Please submit a revised version to chambers for
entry. A word about redaction and filings with the Court. Please minimize
the number of documents filed under seal. Redact truly sensitive material, if
this can be done without too much trouble, and file redacted versions, so the
Court's business can be done, insofar as possible, in public.
So Ordered.

D.P. Marshall Jr.
United States District Judge

DPM €.&~
)..{, :Jv~e. ~017

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

DAMIEN WESBY,
Plaintiff,
Case No. 3:16-cv-00235-DPM/JJV

v.

GLOBE MANUFACTURING COMPANY, LLC and
JOHN DOE A-Z, UNKNOWN DEFENDANTS
Defendants.

AGREED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER

1. Pursuant to the Federal Rules of Civil Procedure, certain materials to be produced by
Defendants, Globe Manufacturing Company, LLC, ("Globe"), will be produced pursuant
to the provisions of this order.
2. Defendants may designate as "Confidential Material" material produced or disclosed to
Plaintiff through the discovery and disclosure processes recognized by the Federal Rules
of Civil Procedure. The designation shall make the items and all copies, prints, or other
reproductions of the material subject to this Order. All the Confidential Material
produced by Defendant shall be clearly stamped or labeled on each page to indicate that
the material is subject to this Order. Electronically created or stored information or other
types of information based upon or containing the Confidential Materials shall be
similarly designated in clear terms. Designations shall be indicated on each page in a way
that does not obscure or cover any writing or information in the document in any way
(e.g. stripes, writing, or lines across the text of a document are a violation of this Order).
Attached as Exhibit A is an example of an acceptable designation.
3. Defendants shall only designate its trade secrets or other commercially sensitive or
proprietary materials as Confidential Material under this Protective Order after making a

1

good faith determination that the designated material contains protectable information
under Federal Rules of Civil Procedure.
4. At any time prior to entry of final judgment, in the event that any party disagrees with
Defendants' designation of material as Confidential Material in this case and subject to
this Order, that party shall send written notice to Defendants' counsel identifying the
material. If a dispute does arise, counsel should confer in good faith in person before
bringing any dispute to the Court. If a dispute arises about any of the relevant portions of
this agreement, the parties will follow the procedure for discovery disputes, which is
outlined in the final scheduling order.
5. Confidential Material produced by Defendants subject to this Order may be disclosed
only to persons listed in subparts (a) through (h) below.
Confidential Material may be disclosed to:
a) Attorneys of record
associate attorneys;

(retained

by

the

parties)

and

their

partners

and

b) Any persons regularly employed by the attorneys or their firms, when
working under the supervision of partners or associate attorneys of said
firms;
c) Any independent expert or consultant specifically retained by counsel to
provide assistance, expert advice, technical consultation, or testimony, and
the employees of the experts, consultants or similar persons when working under the
supervision of ~ersons;
1\-t&u..
d) The Court, its personnel, and members of the jury;
e) Court Reporters, interpreters, or other personnel reasonably required for
the preparation of transcripts or testimony;
f) Mediators agreed to by the parties and other individuals appointed by the
Court;

g) Witnesses, during deposition or trial testimony, who may be shown and
questioned about the Confidential Material;

2

6. Recipients of Confidential Material shall not disclose the information to any other
person to whom disclosure is not authorized by the terms of this Order. Recipients of
Confidential Material shall ensure that the confidential, protected status is maintained.
This provision will not apply to material which was designated as confidential but
subsequently determined not entitled to the protection by order of the Court.
7. Before receiving access to any Confidential Material or the information contained
therein, recipients of Confidential Material shall be provided a copy of this Order and
asked to familiarize themselves with the terms of the Order and to be bound by this
Order. Recipients under (5)(c) and (5)(h) shall agree in writing, by signing Exhibit B, to
be bound by its terms of this Order and consent to the <ontinuing jurisdiction of the
Court for all proceedings arising out of this Order. Plaintiff's counsel shall maintain a
copy of each signed Exhibit B. Upon motion and a showing of good cause by Defendant,
these signed Exhibits shall be available for inspection by the Court.
8. When used in depositions, Confidential Material and the information contained
therein shall remain subject to the provisions of this Order. Confidential Material subject
to this Order may be marked as an exhibit to a deposition, but it will not be attached to
the deposition transcript as an exhibit unless attached under seal as Confidential Material.
Further, portions of a deposition discussing Confidential Materials may be designated by
Defendant as subject to this Order and as confidential. Defendant shall have thirty ~
days after receipt of the transcript in any form to designate these portions of a transcript
as Confidential Material. Plaintiff may challenge Defendant's designation of portions of
transcripts as Confidential Material. If a dispute does arise, counsel should confer in good
faith in person before bringing any dispute to the Court. If a dispute arises about any of
the relevant portions of this agreement, the parties will follow the procedure for discovery
disputes, which is outlined in the final scheduling order.
9. All business records of Defendant or any predecessor entities of Defendant produced in
this case and all materials produced by Defendant which are designated Confidential
Material pursuant to this Order shall be treated as authenticated business records under
Federal law without further proof, testimony or affidavits, but objections to admissibility
on grounds of relevance or otherwise are preserved.

3

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10. \ ll Confidential Materials that are filed with, disclosed, or submitted to the Court
" or filings that contain any portion of any Confidential Material or specific information
taken from any Confidential Material shall be under seal pursuant to the applicable Local
Rules, Federal Rules of Civil Procedure, or as ordered by the Court or agreed to by
Plaintiff and Defendant. Unless otherwise provided by the applicable Local Rules,
Federal Rules of Civil Procedure, or as ordered by the Court or agreed to by Plaintiff and
Defendant, any Confidential Material physically (as opposed to electronically) filed with
the Court shall be filed in a sealed envelope or other appropriate sealed container on
which shall be endorsed the title to the action to which it pertains, an indication of the
nature of the contents of the sealed envelope or other container, the word
"CONFIDENTIAL," and a statement substantially in the following form:
This envelope is sealed and contains confidential information and is not to be opened
or the contents thereof displayed or revealed except by order of the Court or pursuant
to written stipulation of the parties to this action. This envelope or container shall not
be opened without order of the Court, except by officers of the Court and counsel of
record, who, after reviewing the contents, shall return them to the clerk in a sealed
envelope or container.
to Federal Rule of Civil Procedure 5.2, unless the Court orders otherwise
ling with the Court that contains an individual' s

identification number;
year of the individual' s birt ;
e minor's initials; and
(4) the last
1gits of the financial-account number. The Parties ag
otherwise
co~ith the requirements of Federal Rule of Civil Procedure 5.2 in any Court 1

11. Within

~ys after termination of this action and any deemed related actions, and the

expiration of time for appeal, whether this action and any deemed related actions is
settled or otherwise resolved in full prior to trial, or tried on the merits, all originals and
copies of Confidential documents shall be promptly returned to the designating party, or
at the direction of the Court or designating party shall be destroyed.

4

12. The provisions of this Order shall co tinue to be binding, except with respect to those
documents and information that beco e a matter of public record, until one year after the
complete resolution of this litigation ai:i.d~set.=J:ttent-ftf)f)eals. This Court retains and
shall have continuing jurisdiction over the parties and recipients of the Protected
Documents for enforcement of the provisions of this Order during that period.
SO ORDERED, this _ _ day of _ _ _ _ _ _ _, 20__

Judge

5

..,...,.-

EXHIBIT A

PRODUCED BY DEFENDANT IN

V. DEFENDANT PURSUANT TO PROTECTIVE ORDER

PRODUCED BY DEFENDANT IN

V. DEFENDANT PURSUANT TO PROTECTIVE ORDER

I

EXHIBITB

STATE OF

------~

COUNTY OF

------~

I,
, hereby affirm that I have read the Agreed
Confidentiality Agreement and Protective Order entered in the above-entitled matter dated
_ _ ___, 20_ . I agree to be bound by the terns of that Protective Order, and have fully
complied with all of its terms and provisions. I also consent to the continuing jurisdiction of the
of
the
Protective
Order.
Court
regarding
all
proceedings
arising
out
I,
, an attorney receiving documents pursuant to Paragraph
5(h) of this Order, further agree to return to
all Confidential Materials provided to
me within ~ days of the end of the litigation in which I am involved.

A~-7
Affiant
Subscribed and sworn to before me
this
day of
, 20_ _