Farnsworth et al v. Welspun Tubular LLC et al
Filing
32
AGREED PROTECTIVE ORDER. Signed by Judge D. P. Marshall Jr. on 3/27/12. (kpr)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
MATTHEW FARNSWORTH and
MATTHEW MOORE, each on his
own behalf and on behalf of all
others similarly situated
v.
PLAINTIFFS
No.4:11-cv-619-DPM
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WELSPUN TUBULAR LLC and
WELSPUN PIPES INC.
DEFENDANTS
AGREED PROTECTIVE ORDER
The parties agreed on a protective order, Document No. 16-1, which the
Court approved with minor changes. The parties should note the new
redaction obligation. Pursuant to the Court's instruction following the 15
March 2012 hearing, the parties submitted this Amended Agreed Protective
Order to cover third-party documents. This Amended Agreed Protective
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Order supersedes Document No. 18 in all respects.
1.
Confidential Information, as defined in this order, and obtained
by Plaintiffs from Defendants in this action or obtained from Plaintiffs by
Defendants, or obtained by or on behalf of any third party, shall be used only
for the purpose of this litigation and for no other purpose whatsoever, and
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shall not be given, shown, made available, or communicated in any way to
anyone except Qualified Persons, as herein defined.
2.
Confidential Information means:
a)
Salary or other pay information, personnel files, trade
secrets, medical records, and other information the
confidentiality or privacy of which is protected by statute or
other law.
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b)
Notwithstanding the foregoing, Confidential Information
shall not include information that is publically known or
publically available prior to being disclosed, furnished or
submitted in this litigation. Counsel shall not use the
confidentiality designation except where counsel has a good
faith belief that the documentation/ information meets the
criteria of this paragraph 2 and is consistent with the intent
of this Order. For example, and without limitation, counsel
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shall not use the confidential designation for tactical
purposes, or otherwise to gain advantage in this litigation
or to conceal or encumber non sensitive information.
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3.
Except with the prior written consent of Defendants or Plaintiffs,
or pursuant to further Orders of this Court on motion with notice to
Defendants or Plaintiffs, no Confidential Information may be disclosed to any
person other than Qualified Persons" who shall be defined to include
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Plaintiffs, Defendants, any future counsel of record for Defendants or
Plaintiffs in this action, and secretaries, paraprofessional assistants, experts,
and other employees of such counsel who would be actively engaged in
assisting counsel in connection with this action.
4.
If and to the extent any party believes that any Confidential
Information has been improperly designated as Confidential Information and
wishes to disclose such information outside the terms of this Agreed
Protective Order, then the party shall (1) first, promptly meet and confer with
the designating party to resolve the issue; then, if the meet and confer is
unsuccessful; (2) provide all parties to this Order with at least ten days
calendar notice of its intent to so disclose the information. If the parties
disagree on the anticipated disclosure, the party who claims confidentiality
shall have the burden to move the Court for a determination of the issues. If
the opposing party does not move the Court prior to the expiration of the ten
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calendar days notice period, then the party intending to disclose the
confidential information shall postpone its intended disclosure until after the
Court has ruled on these issues. Otherwise confidentiality is automatically
removed.
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5.
This Order, insofar as it restricts the communication in any way
and use of Confidential Information, shall continue to be binding through and
after the conclusion of this litigation. At the conclusion of this action,
including all appeals:
a)
Upon request by a party , the other parties (or their counsel,
if any,) shall take all reasonable steps necessary to reclaim
all Confidential Information, including correspondence,
memoranda, notes or any other documents embodying such
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information, in whole or in part.
b)
All Qualified Persons are enjoined from disclosing in any
manner any Confidential Information obtained during the
course of this proceeding.
6.
If redaction is impractical, FED. R. CIV. P. 5.2, then Confidential
Information as may be required to be filed with the Court and with the Clerk
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of this Court shall be filed under seal. Only the Court, Court personnel,
Plaintiffs, Defendants, and their counsel, if any, shall have access to the sealed
record in this proceeding until further Order of this Court.
So Ordered.
D.P. Marshall Jr.17
United States District Judge
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APPROVED AS TO FORM:
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/s/ Donna S. Galchus
Donna S. Galchus (#80049)
Missy Mcjunkins Duke (#99167)
CROSS, GUNTER, WITHERSPOON
& GALCHUS, P.C.
500 President Clinton Avenue, Suite 200
Post Office Box 3178
Little Rock, Arkansas 72203 3178
Telephone: 501/371-9999
Facsimile: 501/371-0035
ATTORNEYS FOR DEFENDANTS
And
/sl Gena H. Gregory
Gena H. Gregory
Elizabeth J. LaRue
Gregory & LaRue, PLLC
2800 Cantrell Road, Suite 202
Little Rock, AR 72202
lsi William T. Crowder
Scott Poynter
Christopher D. Jennings
William T. Crowder
Corey D. McGaha
Emerson Poynter, LLP
500 President Clinton Ave., Suite 305
Little Rock, AR 72201
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.S/JohnG. Emerson
John G. Emerson
Emerson Poynter, LLP
830 A polIo Lane
-6
Houston, TX 77058
ATTORNEYS FOR PLAINTIFFS
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