Smith v. Walley et al

Filing 27

PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION. Signed by Judge Susan Webber Wright on 7/26/11. (vjt)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
WILLIAM DON SMITH,
Plaintiff,
vs.

TIMOTHY WALLEY and
STATE FARM FIRE AND CASUALTY
COMPANY,
Defendants.

*
*
*
*
*
*
*
*
*
*
*

No. 4:11-cv-00079-SWW

PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION
Plaintiff, William Don Smith, has sought and will seek from Defendant State Farm Fire
& Casualty Company (hereinafter State Farm) the discovery of certain information which State
Farm considers to be trade secrets and/or confidential or proprietary information. Pursuant to the
Court's authority under Rule 26(c) of the Federal Rules of Civil Procedure:
IT IS HEREBY ORDERED THAT:
1. This Order shall govern the handling, disclosure and disposition of all documents and
information, depositions, interrogatory answers and admissions responses in this action
(hereinafter referred to as the “Discovery Material”).
2. State Farm may designate by written notice, either incorporated in the matter
disclosed or separately, any Discovery Material as “Confidential” if it believes that such material
contains or reflects its trade secrets and/or other confidential or proprietary information. All
documents and information as they are reviewed for inspection or copying by Plaintiff are
subject to confidentiality under the terms of this Order, and the designation and marking of any
documents and information as “Confidential” may be done by State Farm as part of the

photocopying process. State Farm may designate information disclosed in depositions as
“Confidential” by indicating on the record at the deposition that the testimony is “Confidential”
and is subject to the provisions of this Order. State Farm may also designate information
disclosed in depositions as “Confidential” by notifying Plaintiff in writing within ninety (90)
days of receipt of the transcript of the specific pages and lines of the transcript which should be
treated as “Confidential.” All deposition transcripts shall be treated as “Confidential” from the
time taken until ninety (90) days after receipt of the transcript.
3. Discovery Material designated as “Confidential” by State Farm may be used by
Plaintiff only for purposes of preparing for and conducting pretrial and trial proceedings in this
action. “Confidential” Discovery Material, and information derived therefrom, shall be shown
only to Plaintiff and Plaintiff’s counsel of record in this action and may be disclosed by such
counsel only to the following persons:
a. Counsel for Plaintiff, employees or independent contractors of such counsel,
and experts or consultants working with such counsel, as are required to assist in the preparation
or conduct of this action; provided that, before being shown any “Confidential” Discovery
Material, such persons shall be given a copy of this Order, and advised that they are bound by it.
b. Officers, employees, agents or representatives of Plaintiff who are actually
engaged in preparing for or conducting pretrial or trial proceedings in this action, but only to the
extent necessary to do so; provided that, before being shown any “Confidential” Discovery
Material, such persons shall be given a copy of this Order, and advised that they are bound by it.
c. Persons whose depositions are being taken or who are witnesses at any
hearing or trial conducted by the Court in this action; provided that, before being shown any

-2-

“Confidential” Discovery Material, such persons shall be given a copy of this Order, and advised
that they are bound by it.
d. This Court or any other court before which this action is pending, including
any Court personnel, jurors, and all other persons lawfully present in the Court proceeding.
4. Any person having access to “Confidential” Discovery Material shall be prohibited
from disclosing any such information to any other person except as provided herein, and each
such person shall take appropriate measures to safeguard the confidentiality of the
“Confidential” Discovery Material to prevent the willful or inadvertent disclosure thereof and to
assure that the provisions of this Order are accomplished.
5. Plaintiff shall not file any “Confidential” Discovery Material with the Court without
first giving ten (10) business days’ actual notice to State Farm of Plaintiffs intent to do so and an
itemization (by Bates number, deposition transcript page, deposition exhibit number, or other
identification) of the “Confidential” Discovery Material proposed to be filed. If State Farm
moves for a permanent or temporary sealing order under Federal Rule of Civil Procedure 26(c)
within such ten (10) day period, then Plaintiff may not file any such “Confidential” Discovery
Material with the Court until the Court disposes of such sealing motion unless Plaintiff’s rights
will be prejudiced by the delay, in which case Plaintiff may file such “Confidential” Discovery
Material under seal, per the terms of this Order, for presentation to the Court pending resolution
of the motion for permanent or temporary sealing order.
OR
Any designation of confidentiality by State Farm under this Order shall not restrict the
use of “Confidential” Discovery Material at trial or in connection with motions, hearings, or

-3-

other communications with the Court in this action; provided that, “Confidential” Discovery
Material or any pleading, motion or other paper containing or revealing “Confidential”
Discovery Material shall be treated as confidential and filed by Plaintiff under seal.
6. State Farm is authorized to redact from any “Confidential” Discovery Material
produced all identifying and private information regarding non-parties to the litigation (including
names, policy numbers, account numbers, contact information, and banking/loan institutions
used).
7. Nothing in this Order shall prevent or prohibit State Farm from seeking additional
protection as it deems necessary for protection of “Confidential” Discovery Material in this
section.
8. This Order is without prejudice to State Farm’s right to bring before the Court at any
time other objections to the production of any Discovery Material.

IT IS SO ORDERED this 26th day of July 2011.
/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

-4-