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)

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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 1 •. ,! . ~ I I II I I 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: ! 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. I 2. J\ny documents produced In response to discovery requests as provided 4ragraph 1 above shall be considered confidential; i i ! In 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 'I 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, I i . dbcum~nts. or other intormation made available pursuant to this Order in any other . ~ I '. aciiministrative complaint, proceeding. or civil action without a new request; 4. All conlidential information or other provided hereunder (be it records, II documents. tapes. or other) shall be retained in the custody of the Plaintiffs' or Defendants' I cJunseJ including their paralegaL secretarial staff, and/or other staff members, during the I 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; 2 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 t 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: (501) 978-6554 EMAIl.: tdcnnis@arml.org 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: stcague@arml.org Attorney for Separate Defendants City of Morrilton, Arkansas; and Mayor, BObby Kirby and Norbert Gunderman, Jr.; both in their Individual and Official Capacities . nd ! y: . Is/Russell Wood Russell Wood, Ark. Bar No. 2001137 Wood I.aw Finn 915 West B Street Russellville. AR 72801 lEU;;PHONE: (479)967-9663 EMAIL: woodJaw@suddenlinkmail.eorn Attorney for Separate Defendant Dustin Levi Caudell 4 y: 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 5

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