Love et al v. Home Depot USA Inc
STIPULATED PROTECTIVE ORDER. Signed by Judge James M. Moody on 3/5/13. (kpr)
IN THE UNITED STATES DISTRICT COURT FOR
THE EASTERN DISTRICT OF ARKANSAS
KATIE PULLINS, ET AL,
HOME DEPOT U.S.A., INC.
Case No: 4: 11-cv-00485 JMM
This protective order will govern documents and information produced by
-the parties in Pullins, et al. v. Home Depot, U.S.A., Inc., No 4:11-cv-00485 JMM
(E.D. Ark.). Pursuant to Federal Rule of Civil Procedure 26(c), the parties may
designate any documents and/or information as "confidential" consistent with the
provisions of this protective order.
DESIGNATION AND USE OF CONFIDENTIAL MATERIAL
During this litigation, either party may designate as "confidential" any
material produced in discovery if that party in good faith believes that the material
contains protected non-public confidential information under state or federal law.
Such discovery material is referred to herein as "confidential material." The party
designating the material is referred to herein as the "designating party."
"Confidential material" as the term is used in this protective order
includes all information and documents produced by parties that fall within one or
more of the following categories: (a) information prohibited from disclosure by
statute; (b) trade secrets or any other non-public information of a proprietary,
strategic, commercially valuable, and/or competitively sensitive nature; (c) income
tax returns, W-2, and 1099 forms; (d) personnel or employment records of past,
present, or prospective employees of Home Depot, including but not limited to:
(1) compensation and benefit information; (2) work histories and performance
evaluations/ratings; (3) medical and health-related information; (4) information
about complaints of discrimination, retaliation, or harassment and investigative
files pertaining to such complaints; (5) information about disciplinary action,
including terminations, and, (6) personal information, including home addresses,
email addresses, dates of birth, telephone numbers, and social security numbers.
The designating party will mark each page "confidential" of any
document designated as such. The designation will avoid obscuring or defacing
any portion of the discovery material. All copies of such documents will also be
considered confidential. If marking as confidential each page of a document or a
group of documents would cause undue burden, the designating party instead may
designate as confidential a range of documents or pages, accompanied by a writing
identifying the range as confidential. If either party inadvertently fails to designate
discovery material as confidential, but subsequently determines that such material
should have been so designated, it promptly will provide written notice to the
opposing party of the confidential designation and the material will be treated as
such from the receipt of the notice. On the other hand, if a party designates
discovery material confidential and later determines that it should not have been so
designated, it will promptly provide the opposing party written notice of the
removal of the designation along with a duplicate copy of the discovery material
without the confidential marking.
Material designated confidential will be used only in this action
including for possible resolution of the asserted claims such as in mediation,
negotiation, and/or voluntary arbitration of one or more of the asserted claims.
Material designated confidential will not be disclosed to anyone
other than: (a) the Court and its personnel; (b) counsel of record; (c) stenographic
reporters; (d) the named parties in Pullins, et al. v. Home Depot US.A., Inc.; (e)
any current or former officers, directors, or employees of the parties; (f) and the
following, provided that they expressly agree to be bound by the terms of this
protective order by executing the form attached as exhibit A, (i)any expert or
consultant retained in connection with this action; (ii) witnesses and potential
witnesses at, or in preparation for deposition, trial, or hearing herein, or who
otherwise require the information as directed by counsel; and (iii) outside vendors
who perform copying, data entry, or similar functions.
Confidential material may not be disclosed to any other person or entity
without the prior written consent of the designating party or order of the Court.
Any disclosure of confidential material should be only to the extent reasonably
necessary for effective prosecution and defense of the claims in this action, and for
no other purpose.
CONDITIONS OF DISCLOSURE
As set forth in paragraph I.E. above, before disclosing confidential
material to the persons qualified to receive it, counsel for the requesting party will
secure from each such person the signed exhibit A, which provides that he or she
has reviewed this protective order, will not divulge any confidential material or any
information contained therein except in the preparation, trial, or appeal of this
action and in accordance with the terms and conditions of the protective order, and
will not use the material for any other purpose.
Confidential material will be copied only by counsel or by persons
assisting such counsel and only for purposes permitted by this protective order, and
.control and distribution of confidential material and copies thereof will be the
responsibility of such counsel, who will maintain a list of all persons to whom
confidential material has been disclosed and the written assurances executed by
such persons as set forth in paragraphs I.E. and II.A.
The restrictions set forth in this protective order will not apply to: (a)
information that was, is, or becomes public knowledge through its authorized
release and not in violation of this protective order; or (b) Home Depot U.S.A. and
its affiliates with respect to its own confidential material. Whether material that
becomes public will remain confidential under this protective order will be decided
based on the standards and procedures herein. If confidential material is produced
by a third party, the parties hereto may designate the material as such by marking it
confidential and providing the marked copy to the opposing party, who will either
(1) agree the material is confidential under the terms of this protective order, or (2)
,inform the other party that it disagrees the material should be governed by the
terms of this protective order, but nonetheless will treat the material as confidential
for at least 20 days from notice of the confidentiality designation, to give the party
desiring protection sufficient time to seek relief from the Court. Treatment of the
material as confidential will continue until the Court resolves the issue.
PROTECTING CONFIDENTIAL INFORMATION AT DEPOSITIONS
During a deposition, either party may request any person present to
sign the attached exhibit A.
To designate confidential information in testimony, the designating
party will (a) make an oral statement to that effect on the record, or (b) notify the
recipient in writing at any time up to 20 days after receipt of the transcript.
If confidential material is marked as an exhibit in a deposition, or
hearing, or other proceeding in this action, and its contents are disclosed in
testimony at such proceeding, counsel for the parties will (a) advise the reporter
that the exhibit(s) refer to confidential material or (b) notify the reporter in writing
at any time up to 20 days after receipt of the transcript. In either instance, the
material will be marked confidential and will be deemed as such. The reporter will
not furnish copies to anyone other than to the parties herein, and, if so requested,
the witness and his/her counsel.
USE OF CONFIDENTIAL INFORMATION IN COURT FILINGS
Unless the parties agree beforehand that the filing party may file documents
designated confidential by the other party not under seal, then any documents to be
filed with the Court designated confidential will be accompanied by an application
,to file the material under seal. For motions that refer to confidential material, the
parties will publicly file a redacted version of the filing.
CHALLENGING A CONFIDENTIAL DESIGNATION
If at any time during this litigation a party disputes the designation of
discovery material as confidential, the objecting party will notify the designating
party in writing by facsimile or electronic mail of such dispute. The notice will
identify the material in dispute and explain the basis for the objection. The
designating party will have 10 days to provide a written response by facsimile or
electronic mail to the notice, explaining its reason for designating the material at
issue as confidential. Should the objecting party dispute such reasons, it will so
notify the designating party, and the objecting party will have 20 days from the
date of such notice to seek appropriate relief from the Court. During the dispute
resolution procedure in this paragraph, the designating party will have the burden
bf demonstrating that the material is properly designated as confidential. In the
event of a dispute, the parties will continue to treat the disputed material as
confidential until the dispute is resolved.
If any party receives a subpoena from any non-party to this protective order
seeking production or disclosure of confidential material, that party (the
"subpoenaed party") will give notice, as soon as practicable and in no event more
than five business days after receiving the subpoena, to opposing counsel. The
subpoenaed party will not disclose any confidential material for seven business
days, if possible without violating the subpoena, after providing notice to the other
party, and in no event make disclosure before notice is given. If, within this seven
business day period, court relief is sought from the subpoena with regard to any
confidential material, the subpoenaed party will wait for the Court to resolve the
issue or applicable rules direct otherwise.
Nothing in this protective order will: (a) restrict any party with respect to its
own material or discovery material that has not been designated confidential; (b)
prejudice any party's rights to object to the production or disclosure of information
it considers not subject to discovery; (c) restrict the scope of discovery that can be
sought by any party; or (d) prejudice any party's right to seek relief from the terms
of this protective order.
Nothing in this protective order will be deemed to limit or waive the
attorney-client, work product, or any other privilege or is intended to affect the
admissibility of any confidential material. Pursuant to Rule 502(d) of the Federal
Rules of Evidence attorney-client, work product, or any other privilege will not be
waived by disclosure connected to this litigation. Requests for confidentiality or
sealing of any hearing or trial will be made to the presiding judge.
VIII. RETURN OF CONFIDENTIAL MATERIALS
Within 60 days after this action is concluded, including any appeals, all
materials designated as confidential material, and copies thereof, will be returned
to the producing party. This provision will not apply to court filings or file copies
of pleadings, briefs, or correspondence maintained by counsel during the ordinary
course of business. Rather than returning confidential material, the material and
copies thereof may be destroyed, with appropriate verification of the destruction
from the party responsible for it.
This protective order will remain in full force and effect at all times during
which any party to this protective order or any person having executed the attached
exhibit A retains in his, her, or its possession, custody, or control any confidential
ADDITIONAL PARTIES TO LAWSUIT
If other parties are added to this action, confidential material that was
previously produced or used in this action will be not be disclosed to such parties
or their counsel except upon agreeing to be bound by the provisions of this
This protective order is without prejudice to the right of any party to move
the Court, pursuant to Fed. R. Civ. P. 26(c), for an order for good cause shown
seeking protection of confidential material sought by or produced through
discovery, which protection is different from or in addition to that provided for in
this protective order, and such right is expressly reserved. Similarly, each party
reserves the right to request the Court to order disclosure other than contemplated
hereunder of materials subject to this protective order.
Approved as to form:
Dated: March 5, 20 13
Is/ Caitlin Duffy
Olimpio Lee Squitieri (admitted Pro Hac Vice)
Caitlin Duffy ((Admitted Pro Hac Vice)
SQUITIERI & FEARON, LLP
32 East 57th Street
New York, New York 10022
Telephone: (212) 421-6492
Fascimile: (212) 421-6553
J. Brad Moore (AR Bar No. 2010197)
Randy Coleman (AR. Bar No. 70018)
JACK NELSON JONES
JILES & GREGORY, P.A.
One Cantrell Center
Little Rock, Arkansas 72202
Telephone: (501) 375-1122
Facsimile: (501) 375-1927
Attorneys for Plaintiffs
Dated: March 5, 20 13
Is/ Missy M Duke
Missy M. Duke (AR Bar No. 99167)
Gregory J. Northen (AR BarNo. 2011181)
Cross, Gunter, Witherspoon & Galchus, P.C.
500 President Clinton Avenue, Suite 200
Little Rock, Arkansas 72201
Telephone: (501) 371-9999
Facsimile: (501) 371-0035
Joel M. Cohn (pro hac vice)
Juliet E. Gray (pro hac vice)
Akin Gump Strauss Hauer & Feld LLP
1333 New Hampshire Avenue, NW
Washington, D.C. 20036
Telephone: (202) 887-4000
Fascimile: (202) 887-4288
Attorneys for Defendant
Home Depot U.S.A., Inc.
IT IS SO ORDERED.
Dated: March ~ , 2013
The onorable James M. Moody
U.S. District Court Judge
United States District Court
ACKNOWLEDGEMENT CONCERNING INFORMATION COVERED
BY A PROTECTIVE ORDER GOVERNING
PULLINS, ET. AL. V. HOME DEPOT U.S.A., INC.
The undersigned hereby acknowledges that he/she has read the protective
order governing Pullins, eta/. v. Home Depot U.S.A., Inc, No.4: 11-cv-00485 JMM
currently pending in the United States District Court for the Eastern District of
Arkansas, and understands its terms, agrees to be bound by each of those terms,
and agrees to subject himself/herself personally to the jurisdiction of the United
States District Court for the Eastern District of Arkansas for the purpose of
enforcing its terms. If the undersigned individual is incapable of reading and
independently understanding the terms of the protective order, plaintiffs' counsel
warrants, by also signing below, that the terms have been fully explained to the
individual, and the individual has agreed to be bound by the terms on that basis.
Specifically, and without limitation upon such terms, the undersigned agrees not to
use or disclose any confidential material made available to it/him/her other than in
accordance with the terms and conditions of the protective order.
- - - - - - - -'2013
Printed N arne
Name of Employer
Plaintiffs' counsel (if applicable):
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