Amoakohene v. Walgreen Company

Filing 22

PROTECTIVE ORDER. Signed by Judge D. P. Marshall Jr. on 7/16/12. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
BERNICE AMOAKOHENE
v.

PLAINTIFF

No. 4:11-cv-628-DPM

WALGREEN COMPANY

DEFENDANT

PROTECTIVE ORDER

The parties have proposed an agreed protective order, which the
Court adopts with minor changes. The parties should note and fulfill their
redaction-first obligation in revised paragraph 6.
The parties, through their respective counsel, must protect the
confidentiality of certain information (including deposition testimony) and
documents (including documents stored in any electronic format) that may
be discovered or offered into evidence at trial. The parties shall preserve
the confidentiality of the information and documents under the terms of
this Order.
1.

Material requested by any of the parties, which they deem

confidential, may be disclosed only to the following individuals, each of

whom must read this Protective Order and agree to abide by its terms
before being given any of the information:
a.

Counsel for Plaintiff and counsel for the Defendant who are
actively engaged in the conduct of this litigation and their staff
to the extent reasonably necessary to render professional
services in the litigation;

b.

The parties to the litigation and their experts; and

c.

Any other individuals included by order of the Court.

Documents produced by the parties to which this Order is applicable
shall be stamped "CONFIDENTIAL."
2. Inadvertent production, without designation as confidential, of
information or a document intended to be designated or that should have
been designated as being confidential will not waive the right to so
designate

that

document

or

information.

Any

information

or

documentation that is inadvertently not designated as being confidential
when produced shall be, upon written request of the producing party,
thereafter treated as being designated as confidential under this Order.
3.

A party may designate as "CONFIDENTIAL" portions of any

deposition transcript where materials designated as "CONFIDENTIAL"
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are identified, discussed, or disclosed. Those designated portions will be
subject to the terms of this Order. The designation must be made on the
record during the deposition or by letter sent by facsimile to opposing
counsel within ten business days after receipt of the transcript.

The

portions of a deposition transcript that mention or discuss materials
designated as "CONFIDENTIAL" must be treated as "CONFIDENTIAL"

5:oo· p.m.

Central Time on the

tenth business day after receipt of the transcript.

All portions of the

and, therefore, subject to this Order until

deposition transcript not designated as "CONFIDENTIAL" by 5:00 p.m.
Central Time on the tenth business day after receipt of the transcript are
excluded from the protections of this Order.
4.

A lawyer who wishes to challenge any "CONFIDENTIAL"

designation made by the producing party must first confer in good faith
with lawyers for the producing party in an effort to resolve the issue
amicably. If agreement cannot be reached, the challenging party may file a
motion asking the Court to remove the designation.

The motion must

specifically describe the particular materials for which the designation is
being challenged and set forth with specificity the particular materials that
are not properly designated as "CONFIDENTIAL." The party seeking to
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maintain materials as CONFIDENTIAL" generally will bear the burden of
proving that the designation is proper.
11

Materials designated as

CONFIDENTIAL" will continue to be treated as confidential and subject

to the provisions of this Order pending this Court's determination of the
merits of any challenge.
5.

Subject to the Federal Rules of Evidence, any confidential

information or documents may be offered in evidence at trial or any Court
hearing. Any party may move the Court to prevent unnecessary disclosure
of confidential information and documents.
6. If possible, confidential information in any material covered by
this Order shall be redacted before filing or submission to the Court. FED.
R. CIV. P. 5.2. If redaction is impractical, then any material submitted to or
filed with the Court which contains information covered by this Order
shall be filed ·under seal, in a sealed envelope that indicates that the
enclosed material is confidential and available only to the presiding judge
and the judge's staff unless and until the Court orders otherwise. The
parties may agree later to exclude any information or documents from
coverage under this Order and, upon motion of a party or upon the Court's
own motion, the Court may exclude any information or documents from
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coverage under this Order. Nothing in this Order restricts a producing
party's use of its own confidential information or documents.
7. No lawyer for a party may comment in the presence of the jury on
the reasons or motivation for designating materials as "CONFIDENTIAL"
without first having obtained permission from the Court to do so.
8. The information and documentation covered under this Order
shall be used only for purposes of this litigation.

No individual may

disclose any of the documents or information to any other individual,
directly or indirectly, except as authorized by this Order. No individual
may use any of the information or documentation to the detriment of the
producing party or for any other business or financial benefit of the
individual.
9. In the event of a disclosure in violation of this Order (whether
intentional or unintentional), the disclosing party shall immediately notify
the opposing party of the disclosure and take immediate action to prevent
further disclosure. In the event either party is subpoenaed or otherwise
required by legal process to disclose the information, the party that
receives the request shall immediately notify the opposing party and
provide it with an opportunity to object before any disclosure is made.
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10. Within three years of the conclusion of all aspects of the litigation
of this case, confidential documents and all copies in print (other than
exhibits of record), on computer disc or in any type of electronic format
shall be destroyed or returned to the party that produced the documents.
So Ordered.
(/

D.P. Marshall Jr.
United States District Judge

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