Allen et al v. Pulaski County

Filing 101

AGREED PROTECTIVE ORDER regarding confidential information. Signed by Judge Susan Webber Wright on 2/3/12. (vjt)

FEB 0 3 2012
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CHRISTOPHER ALLEN, ET AL.

'/t.MES W McCORMAgf~RK

PLAINTIFFS

CASE NO. 4:10-CV-01514 SWW

V.

DEFENDANT

PULASKI COUNTY

AGREED PROTECTIVE ORDER

At the suggestion of the Court, the parties find it desirable to enter into an Agreed
Protective Order to protect the rights of the parties pertaining to contact by Defendant with
certain individuals who will be dismissed from this case, employees who remain Plaintiffs in this
case, and non-Plaintiff employees who may have information about this case. Therefore, the
parties hereby agree and the Court adopts the following agreement as its order:
1.

The Defendant, by and through its officials, employees, and attorneys, can discuss

the details of this case with those employees who are not presently or previously Plaintiffs in this
case. This agreement does not waive any objections Plaintiffs may have to the presentation of
previously undisclosed witnesses at any trial of this matter.
2.

With regard to Plaintiff-employees, the Defendant agrees that it will not discuss

this case with the Plaintiff-employees outside the presence of the Plaintiffs' counsel. This does
not preclude officials and employees of the Defendant from discussing work-related matters in
the ordinary course of business with Plaintiff-employees, including matters related to
performance deficiencies, violations of standards of conduct, work rules, and policies of the
detention facility, and other administrative matters, including disciplinary matters against a
Plaintiff-employee.

DEP

LERK

3.

Plaintiffs shall provid~ verifications to interrogatory responses on the following

thirteen (13) individuals or dismiss them from the case within seven (7) days of entry of this
order:
Matthew Arivette
Jason Bangs
Michael Herron
Loren Jackson
Richard Jackson
Evelyn Johnson
Deborah Jean Kearney
Glenda Moore
Freda Pearce
Thomas Scruggs
Pamela Smith
Tyrus Townsend
David Vance
The parties agree to work together to schedule and conduct depositions of any or all of
the above-named individuals. Defendant shall not communicate with these individuals regarding
the claims that are the subject matter of this case other than through deposition. Those
depositions shall be conducted within ninety (90) days ofthe date of this Order. The discovery
deadline in this case has passed, and discovery is re-opened only for the depositions of these
thirteen (13) individuals.
4.

The Defendant is aware of the Fair Labor Standards Act's (FLSA) provisions

regarding retaliation against any employee bringing an action against the Defendant for alleged
violations of the FLSA. The Defendant denies that any threatening, harassing, intimidating, or
otherwise retaliating against Plaintiffs due to their involvement in this lawsuit, but nonetheless
agrees that it will not threaten, harass, intimidate, or otherwise retaliate against any current or
former Plaintiffs in this matter. The Defendant will instruct its agents and employees to refrain
from discussing this lawsuit in any manner with, or in the presence of, any former or named

Plaintiff. The Defendant will, by copy of this order, inform its agents and employees of its
agreement in this matter. As indicated in Paragraph 2 of this agreement, the Defendant is not
precluded from taking bona fide disciplinary action against a Plaintiff based upon evidence
supporting disciplinary action.

j

IT IS SO ORDERED this _<J_.- day of~<"

, 2012.

Od~~
Agreed:

Is/ Amber R. Schubert
Holleman & Associates, P.A.
Attorneys for Plaintiffs

Is/ Amanda Mankin-Mitchell
Chief Deputy Pulaski County Attorney
Pulaski County Attorney's Office
Attorneys for Defendant