Byrd v. Luxora Arkansas, City of

Filing 21

AGREED PROTECTIVE ORDER. Signed by Judge D. P. Marshall Jr. on 1/8/2025. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS

NORTHERN DIVISION
TONY BYRD

PLAINTIFF

v.

Case No. 3:23 -cv -00182 -DPM

CITY OF LUXORA, ARKANSAS

DEFENDANT

AGREED PROTECTIVE ORDER

Plaintiff, Tony Byrd, and Defendant, City of Luxora, by counsel and through, pursuant to

the provisions of Federal Rule of Civil Procedure 26(c)(l)(G), agree to the entry of this Protective
Order, which shall govern certain designated discovery information in this case.
1. For purposes of this Order, "Confidential" information shall mean any documents,

including but not limited to electronically stored information, tangible things, or deposition
testimony that is designated by any party with a CONFIDENTIAL watermark and the

following legend:
CONFIDENTIAL. This document is subject to a Protective Order entered by the
United States District Court, Eastern District of Arkansas, No. 3:23-cv-182 -DPM.

2. The following procedures shall apply to "Confidential" information subject to this Order
and disputes arising from such a designation:

a. Any party may designate any document, material, other thing, or portions thereof
(and the information contained therein) as "Confidential." The party disclosing
"Confidential" information shall mark the information at the time of disclosure.

b. If a party in good faith disagrees with a "Confidential" designation by the other
party, the party shall inform counsel for the party that made the "Confidential"

designation in writing of the disagreement within thirty days of receipt of such a

designation.
c. Upon written notification that a party disagrees with a "Confidential" designation,

counsel must confer in good faith, and in person, to resolve the dispute without
Court intervention.

d. If the parties cannot resolve the dispute after conferring, the parties shall file ajoint
report explaining the disagreement under the CMIEMF event "Joint Report of

Discovery Dispute." Thejoint report must not exceed ten pages, excluding the style

and signature block. Each side gets five pages. The joint report must be filed
sufficiently before the trial cutoff so that the dispute can be resolved without
undermining pretrial deadlines. The parties will alert the law clerk on the case to

the joint report's filing. The parties will not proceed on the disputed issue until the
Court issues a ruling or schedules a hearing.
e. Failure to follow the procedures outlined herein shall constitute a waiver of any
rights a party may have regarding a "Confidential" designation.

3. All "Confidential" information shall be used only for the purposes of this case, including

trial and preparation for trial, shall not be used for any other purpose, including other
litigation (except as allowed by applicable rules of evidence), and shall not be disclosed to

any person or governmental agency or otherwise made public except in compliance with

the terms of this Order.
a. Except as otherwise provided herein, "Confidential" information may be disclosed

by the receiving party only to:
i. the Court and any employee thereof and

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ii. any expert retained or consulted by a party for the purpose of obtaining such
expert's advice or opinion regarding any issue in this litigation, but only to

the extent necessary for the expert to provide such advice or opinion and
subject to the conditions set forth in paragraph 4(b).

iii. any other persons as may be qualified to receive "Confidential" information
pursuant to a written agreement between the parties, or pursuant to any order

of the Court, after notice to all affected parties.

b. Before disclosing "Confidential" information (other than to the Court), the
receiving party shall insure that the intended recipient of such disclosure has: (1)

been provided a copy of this Order; and (2) executed an Agreement to Maintain
Confidentiality in the form attached hereto as Exhibit A.
c. Any person to whom "Confidential" information is disclosed by the receiving party
or by any person who obtains such "Confidential" information from the receiving
party shall be bound by the provisions ofthis Order and is subject to all appropriate

sanctions and remedies for any violation hereof.
d. In the event that any documents designated as "Confidential" information are

introduced into evidence or used as demonstrative exhibits in the courtroom in the
presence of a jury, such documents shall not bear any legend identifying the

documents as "Confidential" information that was placed on such document during

the litigation. Such legend shall be removed or obscured from documents that will
be seen by the jury. Such documents shall continue to be subject to the terms ofthis
Order in accordance with their designation as "Confidential" information.

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e. Information designated as "Confidential" must not be filed on the public docket. If
practicable, it should be redacted. FED. R. CIV. P. 5.2. If an entire page contains
information designated as "Confidential," substituting a page marked "Redacted"
is an acceptable redaction method. If redaction is impracticable, a party must move
for permission to file any information designated as "Confidential" and a related
motion, brief, or paper, containing that material under seal. The moving party must

justify sealing with specifics and solid reasons including an explanation about why

redaction cannot be done.
f If a receiving party makes a copy of any "Confidential" information, each copy
shall have the watermark and protective legend described in paragraph 1(b).
g. Notwithstanding any other provisions of this Order, no "Confidential" information
produced pursuant to this Order shall be disclosed to any employee or consultants

of any other business entity engaged in the research, development, manufacturing,
or distribution of any pharmaceutical, biologic, medical device, or other FDA

-

regulated product, or to any witness who is employed by such an entity or by any
governmental agency.

4. No item shall be deemed "Confidential" if it has been made public by the producing party,
is generally known throughout the trade and public, or comes to be known to the receiving
party through means not constituting breach of any proprietary or confidential relationship

or obligation or breach of this Order.
5. All "Confidential" information and copies of "Confidential" information shall be returned

and surrendered to the producing party or person upon the conclusion of this case, which
shall be construed as thirty days following the entry of a final, non-appealable order

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disposing of the case. Alternatively, the party, person, in possession of "Confidential"

information may destroy all such information and certify that such destruction has taken
place.
6. This Order shall remain in effect for one year after this case ends, including any appeal.
Thereafter, the obligations imposed shall continue, but shall be solely a matter of contract

between the parties.
7. The person or party in possession of "Confidential" information shall not remove the

confidential watermark or confidentiality legend from any material designated as
"Confidential" or in any way alter such information.
8. Any dispute about any alleged violation of this Order shall be handled by following the
procedure for Discovery Disputes set out in paragraph 2(b)-(d).
9. This Order is entered solely for the purpose of facilitating the exchange of documents and

information between the parties to this action without unnecessarily involving the Court in

the process. Nothing in this Order, nor the production of any information or document

under the terms of this Order, nor any proceedings pursuant to this Order, shall be deemed
to be an admission or waiver by either party, to be an alternation of the confidentiality or

non -confidentiality of any such document or information, or to be an alteration of any
existing obligation of any party or the absence of any such obligation.
IT IS SO ORDERED on this

day of

'k-cJVcJ\y

,

2025.

THE HONORABLE D.P. MARSHALL, JR.
UNITED STATES DISTRICT JUDGE

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

TONY BYRD

PLAINTIFF

v.

Case No. 3:23-cv-00182-DPM

CITY OF LUXORA, ARKANSAS

DEFENDANT

AGREEMENT TO MAINTAIN CONFIDENTIALITY

I,

_______________________,

hereby agree to maintain the confidentiality of any and all

documents, electronically stored information, tangible things, or deposition testimony provided to

me that are designated with the following legend:
CONFIDENTIAL. This document is subject to a Protective Order entered by the United
States District Court, Eastern District of Arkansas, No. 3:23-cv-182 -DPM
I understand that I am prohibited from copying, disclosing, or otherwise using

"Confidential" information in any manner with respect to any person other than counsel in the
above -captioned matter. I understand that I am prohibited from allowing any person other than

counsel of record in this matter to see any "Confidential" information produced to me. I also
understand that my execution of this Agreement to Maintain Confidentiality is a prerequisite to
my review of any "Confidential" information. In addition, I understand that I am required to return

all "Confidential" information to counsel within seven (7) days after I am notified that this action
has been concluded as defined by the Protective Order of Confidentiality.
I also hereby agree to be subject to the jurisdiction of the United States District Court,

Eastern District of Arkansas for appropriate proceedings in the event of any violation or alleged

violation of this Order.

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______

Dated this

day of

,

202.