Evergreen Packaging Inc v. Hestco Inc

Filing 24

CONSENT PROTECTIVE ORDER. Signed by Judge James M. Moody on 12/21/11. (kpr)

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF ARKANSAS

WESTERN DIVISION

EVERGREEN PACKAGING INC.,
Plaintiff,

v.
HESTCO, INC.
Defendant/Third-Party Plaintiff,

v.
FORD, BACON & DAVIS, llC,
Third-Party Defendant.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

Civil Action No. 4:11-cv-0178 JMM

CONSENT PROTECTIVE ORDER

The parties, by and through counsel and pursuant to Rule 26(c) of the Federal Rules of
Civil Procedure, hereby consent to the entry of this Consent Protective Order as follows:
1.

The

parties

recognize

and

acknowledge

that all

information

obtained,

documents produced, discovered, and/or made available to either party or their counsel in
response to the other party's Interrogatory Requests and/or Requests for the Production of
Documents, whether such documents and information are discovered through counsel for the
party or a third-party, are the confidential information of the individual and/or business making
the disclosure. Such documents shall be referred to as "General Confidential Information." Any
party may specifically mark a document as confidential by stamping "Confidential" on the face

of the document. Such documents shall be referred to as "Specific Confidential Information."
Collectively, these two categories of documents shall be rMerred to herein as "Confidential
Information."

All medical records produced in discovery sh~1I be stamped "Confidential" and

shall be referred to as "Specific Confidentiallnformation."
2.

The parties acknowledge and agree that all C()nfidential Information is required

to be maintained in the strictest confidence and that serious injury to the business or
reputation of the party making the production could occur shpuld such documents be shown to
persons not necessary or authorized to view them.
3.

The parties agree that all Confidential Inform4tion may be disclosed by counsel

for either party to their client, co-counsel and clerical empl~yees assisting in the prosecution
and defense of this matter, and may be disclosed to witnesses and experts retained by that
I

party to assist in the prosecution or defense of this matter, Rrovided that any such person, co­
counsel, clerical employee, witness or expert agree, in! writing, to be bound by the
confidentiality provisions in this agreement and agree 10t to disclose the Confidential
Information outside the confines of this lawsuit.

Confidential Information received by any

person, co-counsel, clerical employee, witness or expert shal'!1 be used only for the purpose of
I
,

assisting in the prosecution or defense of this matter and for no other purpose.

No other

I

disclosure may be had without the prior express written ctonsent of the party making the
I

production or its or his/her counsel in this matter.
4.

i

Counsel for the parties are responsible for employing reasonable measures to
I
!

I

insure compliance with this Order by those persons to whom! the Confidential Information and
i
i

I

documents are disclosed pursuant to the authorization of this larder.

2

i

5.

Nothing herein shall prevent any party from using General Confidential

Information in connection with any trial, pleading, motion, pr other public proceeding in this
litigation.

A party wishing to use Specific Confidential Infprmation in connection with any

pleading, motion, or other public filing in this litigation shall ~ubmit such documents under seal
I
I

and the opposing party shall file a motion within ten (10) cal1ndar days thereafter if such party
I

desires that the documents remain under seal. If no such mbtion is filed, the documents shall
fall into the General Confidential Information category and protected as otherwise provided
herein.
6.

The parties agree that nothing stated herein s~all constitute a waiver of any right
I
I

to object to the relevance, admissibility or use of any of the ~forementioned documents or the
information contained therein, nor shall the designationl of any document or thing as
I

confidential be an agreement that it is, or is not, confidential) as a matter of substantive law or
I

I

evidence.

Nothing herein shall prevent any party fro1 seeking further protection or

modification with respect to the use of any Confidential Inf~rmation in connection with such
I

trial, hearing, pleading, motion, or public proceeding in this
7.

c~se.

Copies of all Confidential Information shall be lidentified by bates numbering on

each page, or by any other reasonable method agreed to by Dlefendants and Plaintiffs.
8.

Within thirty (30) days after the termination

~f this lawsuit (following appellate

reviews, if any) each party shall return all of the aforementi~med documents and all copies of
documents which have been made.
9.

The parties agree that this Protective Order "ViII be submitted to the Court for

inclusion into the record of this lawsuit, and that either p~rty has the right to seek judicial
!

3

enforcement of the terms of this Protective Order. Should judicial enforcement be necessary,
the prevailing party shall be entitled to the recovery of his/her/its reasonable attorney fees and
costs of enforcement.
10.

Except as specifically authorized above, no Confidential Information shall be

disclosed or revealed by the parties to any person, association, corporation, or any other entity
for any business purpose or any other purpose whatsoever.
ENTERED this the

'Z. ~ day of _ _&J ~
__

2011.

ORABL0AMES M. MOODY
UNITED STATES DISTRICT COURT JUDGE

Submitted for Approval:

By: 51 Richard D. Bennett
Richard D. Bennett (TN BAR#13156)
Patrick G. Walker (TI\I BAR#26931)
FARRIS BOBANGO BRANAN PLC
999 S. Shady Grove Rd., Suite 500
Memphis, TN 38120
[phone]
[e-mail]
[e-mail]

By: slSpencer F. Robinson
Spencer F. Robinson (AR Bar#77111)
RAMSAY, BRIDGFORTH, ROBINSON & RALEY LLP
P.O. Box 8509
Pine Bluff, AR 71611
[phone]
[e-mail]
ATTORNEYS FOR PLAINTIFF EVERGREEN PACKAGING, INC.

4

By: s/!. Andrew Vines
J. Andrew Vines
Baxter D. Drennon
Wright, Lindsey & Jennings LLP
200 West Capitol Avenue, Suite 2300
Little Rock, AR 72201-3699
[phone]
[e-mail]
[e-mail]
ATTORNEYS FOR DEFENDANT HESTCO, INC.

By: s/!efferv H. Moore
Jeffrey H. Moore, Esq.

Donald H. Bacon, Esq.

FRIDAY, ELDREDGE & CLARK, LLP

400 West Capitol Avenue, Suite 2000

Little Rock, Arkansas 72201

[phone]
[e-mail]
[e-mail]
ATTORNEYS FOR THIRD-PARTY DEFENDANT FORD, BACON

&

5

DAVIS,

LLC