Edwards v. Byrd et al

Filing 61

AGREED PROTECTIVE ORDER. Signed by Magistrate Judge J. Thomas Ray on 05/31/2012. (kcs)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION CECIL EDWARDS, JR., et al. VB. PLAINTIFFS NO. 4:10-cv-1l2042-BSM-JTR KARL BYRD, SHERIFF FAULKNER COUNTY, et al DEFENDANTS AGREED PROTECTIVE ORDER Pursuant to Rule 26(0) of the Federal Rules of Civil Procedure, the COUl't hereby enters the following protective ordel'. AMTEC Lese-Lethal Systems ("AMTEC"), a non-pal1y to this lawsuit, has agreed to disclose to plaintiff, Cecil Edwards, Jr., and his counsel, certain confidential infomlation requested by plaintiffpUl'suant to a subpoena duces tecum dated May 11,2012. The parties recognize and agree that AMTEC may disclose certain documents con1aining information that can be considered a trade secret. 01' other confidential. research, development or conunercial infol1nation. AMTEC has agreed to provide thls confidential information to the plaintiff upon entry of a protective order to protect the pl'oprietary interests ofAMTEC. IT IS HEREBY ORDERED THAT: 1. Alv1TEC has agt'eed to produce user l1UUlualS) training manuals, adveltising literature, brochures or pamphlets, videos, pictures, and documents identifying the type and model as to the less-lethal sbotguns, bean bag ammunition, and sound/flash distraction devices sold to Faulkner County and/or the Faulkner County Sheriff's Department. 2, It is agreed that certain information contained in those documents and other material shall be considered confidential. Specifically, the items covered by paragraphs 1 and 8 'ofthe subpoena duces tecum, relating to bean bag m1.lnitions and the number of grains of llZ4720·vl propellant used to propel them, and the number ofgrains or load ofthe sO"und and flash distraction device. Additionally, any othel' information contained therein that can be considered a trade secret, or other corrfidelltiall'esearch) development or eomrtlel'cial information shall be collsidered confidential and covered by this Protective Order. 3. It is agreed that material deemed confidential shall be disclosed only to the following individuals) each ofwhoru shall be required to read this Protective Order and agree to abide by its terms before being given any of the information: a. Counsel for plaintiff and counsel fOl' the defendant who are actively engaged in the conduct of this litigation and to their staffs to the extent reasonably necessary to render professional services in the litigation; b, The patiies to the litigation and their experts; and c. Any other individuals included by order of the Court. 4, TIle information provided hereundet' shall be intended for use in this litigation only. Tile confidential material may not be used fol' any other purpose whatsoeve.r, 5. Docunlents produced by AMTEC to be covered ~y this Protective Order shall be stamped HCONFIDENTIAUTRADE SECRETS OF AMTEC LESS~LETHAL SYSTEMS," 6. The parties shaH not in any manner, directly or indirectly, transfer the information contained in these disclosures, 01' any related confidentiall'ecords, documents or other information provided hereunder or copies thereof. or commullicate, orally or in vvriting. any of the data contained in said material to any person, other than as provided for in paragraph 3 ofthis Protective Order. 7. Should a party wish to use any of the confidential infonnation provided hereunder as an exhibit to a pleading 01' any other document filed with the COUlt or quote any of its 2 provisions in a pleading 01' any other document filed with the Court, the party shalll'cquest the permission ofthe Court to file any such pleadings or other documents under seal. 8. Any of the confidential information or documents provided hereunder used as exhibits or admitted into evidence at trial shall not be considered part ofthe public record, but instead shall remain subject to and protected by the terms oftlle Protective Order and be sealed at the conclusion ofthe trial. 9. Should any ofthe documents subject to this Protective Order be referred to on appeal, they lUllst be presented to the appellate court under seal and otherwise remain subject to the terms ofthis Protective Order. 10, In the event of a disclosure in violation ofthis Protective Order (whether intentional or unintentional), the disc]osing party shall immediately notify a representative of AMTEC of the discloslu'e and take immediate action to prevent further disclosure. In the event either party is subpoenaed or otherwise required by legal process t9 disclose the infolll1ation. it shall immediately notify a representative of AMTEC and provide it with an opportunity to object before any disclosure is made. 11. The pat'ties shall. promptly upon the finaJ determination ofthis action. including the expiration of time for any further appeals, whether by judgment, settlem~llt) or otherwise, l'etutn the confidential infol'mation provided hereunder, as well as any and all copies in print. on computer disc 01' in any type of electronic format and extracts of the inform.ation to AMTEC, 12. The confidentiality obligations imposed by this Protective Order shall remain In effect unless otherwise expressly ordered by the Court. IT IS ORDERED THIS '"'30t!L DAY OF ---1YJ~tr'7F---_----J' 2012. 3 MA~J'TH~' Date: I M t.\Mt 31 }2-D \ 2 ­ APPROVED AS TO FORM: Morris W. Tllompson Morris W. TIlompson Law Firm P,O. Box 662 Little Rook, AR 72203 (501) 661~8100 BY: Attomey for Plain.ti:ffs~ Cecil Edwal'ds~ Jr., et a1. Jason Owens Rahtwatel'. Holt & Sexton, P.A. P.O. Box 17250 Little Rock., AR 72222 (501) 868"2500 BY:~~ Jason Owens Attorneys for Defendant Karl Byrd \VRIGHT, LINDSEY & JENNINGS LLP 200 West Capitol Avenue, Suite 2300 Little Rock, AR 72201 (501) 371·0808 BY: Courtney C. McLort (9~JliLaf~ 4

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