Wilson et al v. Morrilton Arkansas, City of et al

Filing 26

AGREED PROTECTIVE ORDER. Signed by Judge Billy Roy Wilson on 9/13/11. (kpr)

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

WESTERN DIVISION

BANDON WILSON and JANET
IILSON, as t<:xecutrix of the
: tate of Lyle Wilson

PLAINTIFFS

CASE NO. 4:10-CV-1184 WRW
TV OF MOIUULTON, ARKANSAS; MAYOR
. VBBV KIRBY, Individually and in His

~)f"".,.·fiCial,c~pa~ity

as ,Mayor of Morri.lton, Ar~ansas;
RHE.R r (.(jj~DERMAN, JR, Chief of Pollee,
;~dividually and in His Official Capacity; JAMES
. _: INTON "CLINT" MVRRA Y, Individually and in
'.S Official Capacity as a Morrilton Police Officer;
STIN LEVI CAUDELL, Individually and in His
:,ficial Capacity as a Morrilton Police Officer

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DEFENDANTS

AGREED PROTECTIVE ORDER
Plaintiffs have requested discovery of records containing sensitive personal information.

n' order to permit Plaintiffs adequate access to the records necessary to completely present this

1e herein, and, at the same time to address privacy concerns, it is hereby ORDERED,

. DJUDGED and DECREED as follows:

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1.

Plaintiffs have made discovery requests for copies of the personnel files upon

)llIstin Levi Caudell (Personal in!ormalion such as addresses and social security numbers will

e, redacted). In addition, Plaintiffs have requested discipline reports regarding Dustin Levi
judel!. The parties have agreed that due to the private and sensitive nature of these documents,

rrotCCl ivc Ordc r (here inafler "the Order" or "this Order") should be entered before these
•dcumcnts .are provided to Plaintiffs.
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2.

J\ny documents produced

In

response to discovery requests as provided

4ragraph 1 above shall be considered confidential;
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3.

All confidential records or other information provided hereunder shall be

\i~ed for the purpose of this litigation and none of the confidential material may be used for any
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other purpose whatsoever without a new request for the material. Moreover, neither Plaintiffs,
defendants. nor their counsel may utilize directly or indirectly the confidential records,
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. dbcum~nts. or other intormation made available pursuant to this Order in any other

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'. aciiministrative complaint, proceeding. or civil action without a new request;
4.

All conlidential information or other provided hereunder (be it

records,

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documents. tapes. or other) shall be retained in the custody of the Plaintiffs' or Defendants'
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cJunseJ including their paralegaL secretarial staff, and/or other staff members, during the
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pJndency of this litigation. Plaintiffs' and Defendants' counsel may also provide copies of such
confidential records, documents or other information to any expert witness[es] retained by the
Plaintiffs or Defendants or persons frequently employed by such expert[s] whose review of the
aterial is necessary for the Plaintiffs' and Defendants' prosecution in this litigation;
5.

If

~onlidcntiaJ

documents

or

records are

used during

depositions,

the

epositions shall be treated as confidential in accordance with this Order;
6.

Any

document,

information

or

deposition

designated

as

confidential

ndeT this Order shall. when filed with the Court, must be clearly marked confidential, sealed,
laced in separate. secure storage by the Clerk, and opened only by authorized Court personnel;
7.

Plaintiffs. Defendants, their respective counsel and their staff and the retained

xpert witness/witnesses shall not in any manner, directly transfer confidential records,
ocumcnts or other information provided hereunder or copies thereof, or communicate, orally or
writing, any of the data contained in said material to any person;

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X.

Plaintiffs' counsel, and Defendants' counsel promptly upon completion of this

itigation. or before if at such time they have no further use of the confidential infonnation,
'hichcver shall first occur. shall return to the Defendants and Plaintdfs all materials produced,
, nd all copies and extracts or da'a rrom such materials;

9.

This Order shall govern all pre-trial proceedings, but shall be subject to

10dification either before, during or after the trial on the merits, upon application of any of the
arties to this lawsuit and lOr good cause shown;
10.

The provisions of' this Order shall not affect the admissibility of evidence at trial

9 any preliminary evidentiary proceeding in open court, except as directed by separate Order of
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is Court; and

11.

This Order is without prejudice to the rights of any party to make objections to the

d scovery as permitted by the Arkansas Rules

or Civil

Procedure, or by any statute or other

a thority
II IS SO ORDERED TillS

I!~ DAY OF SEPTEMBER, 2011.

IslBill y Roy Wilson
UNITED STATES DISTRICT JUDGE

. Approved:

By:

Is/Tracey M. Dennis

Tracey M. Dennis. Ark. Bar No. 2009222

POBox 38

North Little Rock, AR 72115

TELEPHONE: (SOl) 978-6117

FACS1M1LE: [phone]

EMAIl.: [e-mail]

Attorney for Separate Defendants
City of Morrilton, Arkansas; and Mayor, Bobby
Kirby and Norbert Gunderman, Jr.,
both in their Individual and Official
Capacities

Is/Sara Teague . . __ .__..

Sara Teague. Ark. Bar No. 2005276

P. O. Box 38

North I,ittle Rock. AR 72115

TELEPHONE: (SOl) 978-6122

FACSIMILE: (501) 537-72622

EMAIL: [e-mail]

Attorney for Separate Defendants
City of Morrilton, Arkansas; and Mayor, BObby
Kirby and Norbert Gunderman, Jr.;
both in their Individual and Official
Capacities

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Is/Russell Wood
Russell Wood, Ark. Bar No. 2001137
Wood I.aw Finn
915 West B Street
Russellville. AR 72801
lEU;;PHONE: [phone]
EMAIL: [e-mail]
Attorney for Separate Defendant

Dustin Levi Caudell

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Is/Michael S. Robbins . --._--- ----_._­
Michael S. Robbins. Ark. Bar No. 200 1161
Robbins & Capp
P.O. Box 1306

915 W. Main Street. Ste. C

Russellville, AR 72811

Attorney for Separate Defendant
Clint Murray

lsi Matthew W. J\dlong_____ ___ .
Matthew W. Adlong, Ark. Bar No. 1983003
Brazil, Adlong & Mickel, PLe
] 315 Main Street
Conway. AR 72034
Attorney for Plaintiffs

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