Sivils v. Hawker Beechcraft Corporation

Filing 24

PROTECTIVE ORDER. Signed by Judge D. P. Marshall Jr. on 1/23/12. (kpr)

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

WESTERN DIVISION

PLAINTIFF

STEPHEN SIVILS

v.

No.4:10-cv-2064-DPM

HAWKER BEECHCRAFT CORPORATION

DEFENDANT

PROTECTIVE ORDER
The parties agree that it is necessary to have a Protective Order to
preserve the confidentiality of documents to be produced by Sivils and
Hawker Beechcraft Corporation. The Court therefore finds that certain
information, documents, and things to be produced in discovery in this
litigation should be kept confidential in order to protect the parties'legitimate
business interests and the privacy rights of the plaintiff, the defendant, and
its employees (past and present). The Court also finds that such information,
documents, and things are likely to include plaintiff's personnel records,
plaintiff's medical and FMLA records, plaintiff's income and other financial
information, plaintiff's counseling records, personnel information pertaining
to other current and former employees, and assorted confidential
correspondence.

Because the public disclosure of such information,

documents, and things might cause undue embarrassment and humiliation

to the parties and to disinterested third parties, the Court finds that good
cause exists to enter the following Order.

FED.

R. Crv. P. 26(c).

The Court therefore orders that:
1.

The following definitions shall apply to this Order:
a.

"Confidential information" shall mean any personnel,

medical, payroll, investigatory, and grievance documents concerning plaintiff
or any other current or former employee, and any financial information or
records concerning defendant, manufacturing information, customer data or
testimony, document, information, or other material relating to trade secrets
or other confidential research, development, commercial or proprietary
information which has been designated as "confidential" by defendant or its
attorneys, whether such disclosure be made voluntarily, informally or
pursuant to formal discovery procedures. The designation may be made in
writing or on the record such as at a deposition or hearing.
b.

"Qualified persons" shall mean:
(1)

the parties to this litigation;

(2)

counsel of record for the parties to this litigation,

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including office associates, paralegals, stenographic and clerical employees
who have signed the Confidentiality Agreement;
(3)

experts retained for the purpose of this litigation who

have signed the Confidentiality Agreement;
(4)

court personnel, including stenographic reporters

engaged in such proceedings as are necessarily incident to this litigation; and
(5)
2.

deposition witnesses.

Confidential information shall be and remain confidential and

shall not be disclosed or communicated in any fashion nor be used for any
purpose other than the analysis for preparation and trial of this action as
provided for herein.
3.

The designation of information as confidential may be made at

any time; however, until designated as confidential the information may be
used and disclosed by the parties to whom they are disclosed without the
restrictions imposed by this Order.
4.

The parties may designate as confidential any portion of

testimony or information to be given by plaintiff, or by defendant's past or
present employees or expert witnesses at any deposition, trial, or other

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proceeding in this action. In the event of such designation, arrangements
shall be made with the reporter attending such deposition, hearing, or trial to
bind the confidential portions of such transcripts separately and label such
portion, including confidential exhibits, as "confidential," but failure of the
court reporter to take such action shall not change the confidential nature of
such information or affect the obligation of the parties and their parties to
treat such information as confidential under this Order.
5.

No confidential information shall be disclosed or made available

to any person except a qualified person who has read and agrees to the terms
of this Order and has signed the Confidentiality Agreement. Said confidential
information shall not be used by any qualified person except solely for the
purposes of litigation in this action. The substance or content of confidential
information, as well as copies, notes, and memoranda relating thereto, shall
not be disclosed to other than a qualified person. The Court and its personnel,
and members of the jury, are specifically excluded from this provision.
6.

Should any party disagree with the designation of any material as

confidential and warranting protection, they may bring the matter to the
Court's attention within 30 days of the designation of such material as

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confidential. The material shall remain subject to the protections of this

Protective Order until such time as this court and any appeal thereof have
ruled that a particular document or other material is not subject to protection.
7.

Aside from a witness or representative of the parties disclosing

such confidential information, no person shall attend any portion of any
deposition containing testimony regarding confidential information or
documents unless such person is a qualified person under the terms of this
Order. Any court reporter who transcribes testimony in this action at a
deposition shall agree, before transcribing any such testimony, that all
testimony containing confidential information is and shall remain confidential
and shall not be disclosed except as provided in this order and that copies of
any transcription records of any such testimony will be retained in absolute
confidentiality and safekeeping by such shorthand reporter or delivered to the
attorneys of record or filed with the court.
8.

If at the time of trial counsel for any of the parties attempts to

introduce into evidence any confidential information, the Court will take such
steps as it shall deem reasonably necessary to preserve the confidentiality of
that information.

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9.

All oral presentations to the Court concerning or referencing any

confidential information shall be held in camera unless the Court orders
otherwise.
10.

The parties reserve the privilege and work product doctrine with

regard to the inadvertent production of any privileged or protected material
contained in electronically stored information produced by either party.
Production of such privileged or protected material is not to be considered a
waiver of the attorney-client privilege or attorney work-product doctrine,
even though the material was not specifically identified on a privilege log.
When and if any such issue arises, defendant, the producing party, has the
right to make written demand upon the plaintiff and his attorneys to return
the protected material immediately. The parties agree that all such material,
as well as any copies thereof, will be promptly returned to the producing
party, unless a dispute arises which necessitates a motion to the Court. The
parties specifically incorporate by reference the terms of Rule 502 of the
Federal Rules of Evidence. The privilege or protection is not waived by
disclosure connected with this litigation.
11.

Upon the expiration of 30 days from the final determination of this

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action, counsel of record for each party receiving confidential information

shall, upon written demand from the producing party, assemble and return
to the producing party or their attorneys all such confidential information as
well as all copies of such confidential information and all testimony,
summaries, notes, extracts, or abstracts containing any such confidential
information, including such information in the possession of experts or other
qualified persons who received such confidential information from counsel.
The producing party may elect to make written demand for the destruction
of all such confidential information and certification from the recipient party
that all such information and materials were destroyed.
12.

Following the conclusion of this litigation, the parties may seek

leave to reopen the case to enforce the provisions of this Order, or to obtain
such direction or further decree as may be appropriate for the interpretation
or enforcement of this Order.
13.

The failure of either party to seek enforcement of this Order shall

not be a waiver of this Order, and any waiver of this Order by either party as
to specific confidential information shall not be a waiver as to any other
confidential information.

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14.

If a party wishes to use any confidential information in any

affidavits, briefs, memorandum of law, oral argument, or other papers filed
in this Court in this litigation, such papers or transcript may be filed under
seal only upon separate, specific motion and later Order of the Court.
So Ordered.

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