Buckley v. University of Arkansas Board of Trustees

Filing 15

AGREED PROTECTIVE ORDER regarding confidential information 14 . Signed by Chief Judge J. Leon Holmes on 4/15/11. (vjt)

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

WESTERN DIVISION

HILDA BUCKLEY

PLAINTIFF

v.

CASE NO. 4:10-cv-2009-JLH

BOARD OF TRUSTEES OF THE
UNIVERSITY OF ARKANSAS

DEFENDANT

AGREED PROTECTIVE ORDER
The parties have requested discovery of records containing confidential and sensitive
personnel or medical information. In response to discovery requests and upon application to this
Court and entry of this Order, the parties have agreed to provide documents for proper use only
in this litigation and subject to the affected patients and employees' (whether past or present)
privacy rights not being violated or infringed. In order to permit the parties adequate access to
the records necessary to completely present their respective positions herein, and, at the same
time to protect the personal privacy of the Plaintiff, Defendant and UAMS patients and
employees, on the parties' Joint Motion for a Protective Order (D.E.#14), it is hereby
ORDERED, ADJUDGED and DECREED as follows:

1. The parties agree to produce copies of personnel files, excluding medical records,

social security numbers, birth dates and private contact information, and UAMS patient medical
records which formed the basis of the decision to terminate Plaintiffs employment with UAMS
and/or relate to the claims or defenses asserted by the parties in this action pursuant to the
Federal Rules of Civil Procedure;

2. All such medical records and confidential information previously provided by the
parties which relate to the above referenced matter or later provided upon entry of this order shall
be used only for the purpose of this litigation and none of the confidential material may be used
for any other purpose whatsoever. Moreover, the parties, their attorneys, or anyone acting on
their behalf may not utilize directly or indirectly the confidential records, documents, or other
information made available pursuant to this Order in any other administrative complaint,
proceeding, or civil action;
3. Medical records and any other confidential records, documents, tapes, or other
information provided hereunder may be disclosed to either party, their attorneys, jurors, the staff
of her attorneys, experts retained for this case, the Court and its staff, and witnesses, but only as
is necessary and for proper purpose directly related to the trial of this action. They shall all be
informed of this protective order and required to agree to abide by it to see the information. The
parties and their attorneys shall not transfer or communicate any of the medical records,
confidential information, documentation, or records produced pursuant to this Order, directly or
indirectly, to any person except for a necessary and proper purpose directly related to discovery,
litigation, or trial of this action. Counsel for either party may provide copies of such confidential

records, documents, or other information to any expert witness[es] retained by either party or
persons frequently employed by such expert[s] whose review of the material is necessary and
proper for the Plaintiffs prosecution or the Defendants' defense in this litigation;
4. If medical records or confidential documents or records are used during depositions,
the portions of the depositions containing the confidential information shall be treated as
confidential in accordance with this Order;

5. All medical records, as well as any other documents, information or deposition
designated as confidential under this Order shall, when filed with the Court, be clearly marked as
confidential, sealed, placed in separate, secure storage by the Clerk, and opened only by
authorized Court personnel;
6. Both parties, their respective counsel, the retained expert witness/witnesses, or anyone
acting on their behalf shall not in any manner, directly or indirectly, transfer medical records,
confidential records, documents or other information provided hereunder or copies thereof, or
communicate, orally or in writing, any of the data contained in said material to any person;
7. Upon termination of this lawsuit by judgment, by settlement, or by other means, and at
the option of the producer of such material, the parties agree to: (a) return all medical records and
confidential materials, including copies thereof to the producer; or (b) destroy all such materials
and copies thereof, after which the party will certify to all other parties in writing that all
confidential documents have been destroyed; or (c) maintain all confidential documents in
conformity with the Order and the agreements embodied herein. If any party ceases involvement
in this action, by settlement or otherwise, such party shall comply with the terms of this
paragraph within a reasonable time.
8. This Protective Order shall govern all pre-trial proceedings, but shall be subject to
modification either before, during or after the trial on the merits, upon application of any of the
parties to this lawsuit and for good cause shown;
9. The provisions of this Order shall not affect the admissibility of evidence at trial or any
preliminary evidentiary proceeding in open court, except as directed by separate Order of this
Court; and

1O. This Order is without prejudice to the rights of any party to make objections to the
discovery as permitted by the Federal Rules of Civil Procedure, or by any statute or other
authority.
IT IS SO ORDERED this 15th day of April, 2011.

J'~~
L~ONHOLMES

UNITED STATES DISTRICT JUDGE

Approved as to form:

ATTORNEY FOR DEFENDANT
/s/ Lucie Ingram
Associate General Counsel
University of Arkansas for Medical Sciences
4301 W. Markham Street, Slot 860
Little Rock, Arkansas 72205
[phone]
[e-mail]

ATTORNEY FOR PLAINTIFF
/s/ Shawn G. Childs
John W. Walker, P.A.
1723 Broadway
Little Rock, Arkansas 72205
[phone]
[e-mail]