Edwards v. Byrd et al

Filing 61

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

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

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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~
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