Cummings v. Union Pacific Railroad Company

Filing 19

AGREED PROTECTIVE ORDER regarding confidential information 18 . Signed by Judge Susan Webber Wright on 1/26/12. (vjt)

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

WESTERN DIVISION

PLAIN'TIFF

JAMES CUMMINGS

NO. 4:11-CV-000524 SWW

VS.

UNION PACIFIC RAILROAD COMPANY

DEFENDANT

AGREED PROTECTIVE ORDER
IT IS ORDERED that the video disclosed by Union Pacific Railroad Company ("Union
Pacific") and marked "Produced Pursuant to Protective Order" be governed by the following:
1.

James Cummings ("Cummings") and his Counsel of Record agree that anyone
working in their offices on the subject matter will familiarize themselves with the
terms of this Protective Order, and be instructed that they are bound by the Order
just as Cummings and his Counsel of Record are bound by the Order.

2.

Counsel of Record may only make copies of the subject video for use by Counsel
of Record, consultants, and experts.

3.

The subject video and the substance of any information obtained therein, are'not
to be disseminated by Cummings or his Counsel of Record, their agents,
employees, consultants, experts, and any other individuals associated in this
lawsuit except as provided below.

4.

a.

Nothing herein shall prevent the exhibition of the subject video to persons
bound by the terms of this Order. The requirement of such written
agreement may be satisfied by obtaining the signature of any such
consultant or expert on a copy of this Order, having first explained the
contents thereof to such person.

b.

Counsel of record shall maintain a list of the names of all persons to whom
the confidential information is disclosed. This provision will not apply to
such notes, or memoranda, prepared by or for Counsel of Record in this
action.

c.

Such persons shall, by reviewing the video and signing a copy of the
Order, agree to jurisdiction of this Court over their person for the purpose
of any action seeking to enforce the terms and conditions of this Order or
any action for contempt for violation ofthe terms of this Order.

a.

At any time prior to final judgment, Counsel of Record may file a request
to lift the subject video from this Protective Order.

5.

b.

If there is no agreement, either side may request a hearing in order that the

issue of the Protective Order as to the subject video may be resolved.
c.

The confidential status of all matters shall be permanent except with
regard to those items requested by Counsel of Record to be lifted from the
Protective Order. With regard to such items, the same shall be accorded
confidential status unless and until such time as the Court rules on Counsel
of Records' request to lift the Protective Order and, thereafter, if the Court
so orders.

6.

Cummings and his Counsel of Record, their agents, employees, consultants,
experts, and any other individuals associated in this lawsuit shall not advertise
that they have confidential information obtained from Union Pacific through
discovery in this case, and which is the subject of this Order whether described
specifically or generally. Neither the video covered by this Order nor the
substantive information contained therein shall be disclosed in any publication or
oral presentation by Cummings or his Counsel of Record, their agents, employees,
consultants, experts, and any other individuals associated in this lawsuit.

7.

The Court further orders that Cummings and his Counsel of Record, their agents,
employees, consultants, experts, and any other individuals associated in this
lawsuit shall not disseminate the video to the media, Internet, or other electronic
outlet.

8.

This Order does not affect any party's ability to object to the admissibility of any
of the video at trial on relevance or other grounds. Further, Union Pacific shall
retain all rights available to it under applicable Arkansas or federal law in the
event of any inadvertent waiver.

9.

Counsel of record agrees to return the video and all copies to Union Pacific's
attorneys at Friday, Eldredge & Clark within 30 days upon entry of a final
judgment or dismissal order in this case.
~

SIGNED this

;l.te>

day of

5'-.....0

AGREED AS TO FORM AND SUBSTANCE:

2

,2012.

_lsi William D. Shelton, Jr.
JOSEPH P. MCKAY, #99006
WILLIAM SHELTON, #2011086
FRIDA Y, ELDREDGE & CLARK
400 W. Capitol Avenue, Suite 2000
Little Rock, Arkansas 72201
Telephone: [phone]
Fax: [phone]
Attorneys Jor Union Pacific Railroad Company

_lsi Gene C. Napier

GENE C. NAPIER
HUBBELL LAW FIRM, LLC
30 W. Pershing Road, Suite 350
Kansas City, MO 64108
TIMOTHY O. DUDLEY
114 South Pulaski Street
Little Rock, AR 72201

Attorneys Jor Plaintif!James Cummings

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