Lieblong v. Pfizer Corporation

Filing 26


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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS DALTON LIEBLONG, Plaintiff, v. PFIZER CORPORATION, Defendant. ) ) ) ) ) ) ) ) ) Case No. 4-08-CV-000166 JMM JOINT STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIALITY The Parties to this action have stipulated, through their respective counsel, to the entry of this Protective Order Regarding Confidentiality ("Protective Order"). 1. During the course of discovery, Defendant Pfizer Inc (incorrectly named as "Pfizer Corporation") (hereinafter "Pfizer") may identify and agree to produce certain personnel records and materials related to employment actions. This Protective Order is to ensure that the documents and information relating to Pfizer's current and former employees and certain employment actions, once produced, are restricted to persons involved with this litigation. Accordingly, such documents and information are deemed confidential and subject to the provisions of this Protective Order. 2. Further, during the course of discovery, the Parties may request additional personal, confidential, or proprietary documentation from each other or from third parties. If any further documents produced contain personal, confidential, or proprietary information, the producing Party (including any third party producing such documents) may mark the documents "CONFIDENTIAL." Any document so marked shall not be disclosed to any person except as may be permitted by this Protective Order. "CONFIDENTIAL" will be made in good faith. 3. The use of any documents or information therein subject to this Protective Order shall be restricted to the following persons: (a) (b) The Parties to this litigation; Counsel for the Parties to this litigation, including their respective paralegals and clerical employees; (c) Witnesses or prospective witnesses, including but not limited to persons requested by counsel to furnish technical or other expert services, to give testimony or to otherwise prepare for any deposition, hearing, trial, or any other proceeding in this action, provided such witness or prospective witness agrees to be expressly bound by the terms of this Protective Order and not disclose the documents or information therein to any party or person outside this litigation; and (d) The Court and its personnel, including the stenographic reporters not regularly employed by the Court who are engaged by the Parties or the Court during the litigation of this case. 4. Upon final termination of this action, whether by completion of trial and any appeal in this action and the satisfaction of any judgment, or upon the conclusion of settlement of this action, all persons subject to this Order shall return to the producing Party or destroy all documents and information subject to this Protective Order, including any and all copies, prints, The designation of any document as negatives, or summaries, and including any and all copies, prints, negatives, and summaries in the possession of employees, experts, or consultants employed or retained by counsel for the Parties, except those items compromising any appellate record, trial court record, privileged communications, or attorney work product. Counsel for the non-producing Party shall certify to counsel for the producing Party that all such documents or information required to be returned or destroyed have been returned or destroyed. 5. No Party shall seek sanctions based on an application to the Court for an interpretation of confidentiality pursuant to this Protective Order. attorneys' fees related to any such application. Each Party shall bear its own costs and SO ORDERED, this 24th day of October, 2008. ____________________________________ THE HONORABLE BRIAN S. MILLER UNITED STATES DISTRICT COURT JUDGE STIPULATED TO: /s/Clark W. Mason Clark W. Mason Arkansas Bar No. 84-207 Brendan Monaghan Arkansas Bar No. 07-031 CLARK MASON ATTORNEYS 1501 N. University Avenue Suite 350 Little Rock, AR 72207 Telephone: 501-219-0077 Facsimile: 501-219-2277 COUNSEL FOR PLAINTIFF DALTON LIEBLONG /s/Gregory L. Smith, Jr. David L. Gordon Georgia Bar No. 123390 Gregory L. Smith, Jr. Georgia Bar No. 658369 JACKSON LEWIS LLP 1155 Peachtree Street, N.E., Suite 1000 Atlanta, Georgia 30309-3600 Telephone: 404-525-8200 Facsimile: 404-525-1173 Carolyn B. Witherspoon Local Counsel Arkansas Bar No. 78-172 CROSS, GUNTER, WITHERSPOON & GALCHUS, P.C. Museum Center 500 President Clinton Avenue Suite 200 Little Rock, Arkansas 72201 Telephone: 501-371-9999 Facsimile: 501-371-0035 COUNSEL FOR DEFENDANT PFIZER INC UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS DALTON LIEBLONG, Plaintiff, v. PFIZER CORPORATION, Defendant. ) ) ) ) ) ) ) ) ) Case No. 4-08-CV-000166 JMM CERTIFICATE OF SERVICE I hereby certify I have served counsel for Plaintiff with the foregoing JOINT STIPULATION AND PROTECTIVE ORDER REGARDING CONFIDENTIALITY by causing a copy to be sent by United States mail, postage pre-paid, to: Clark W. Mason, Esq. Brendan Monaghan, Esq. Clark Mason Attorneys 1501 N. University Avenue, Suite 350 Little Rock, AR 72207 This 23rd day of October, 2008. /s/Gregory L. Smith, Jr. Gregory L. Smith, Jr. Georgia Bar No. 658369

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