Howard v. Staffmark Training LLC

Filing 19

AGREED PROTECTIVE ORDER regarding confidential information. Signed by Judge Susan Webber Wright on 6/28/12. (vjt)

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

WESTERN DIVISION

PLAINTIFF

TYRONE K. HOWARD
CASE NO. 4:11CV00631 SWW

vs.

STAFFMARK INVESTMENT LLC

DEFENDANT

AGREED PROTECTIVE ORDER
Plaintiff has requested, inter alia, production of information and documents related to
defendant's business operations and personnel matters, which defendant deems confidential.
Accordingly, defendant requests that any information it provides to plaintiff and any documents it
produces to plaintiff in response to any request be subject to a protective order prohibiting the use
and/or dissemination of such information except for purposes of this lawsuit. Plaintiff agrees to
such a protective order.
IT IS AGREED BY THE PARTIES AND ORDERED AS FOLLOWS:
A.

Defendant will produce to plaintiff's counsel information and copies of the above-

described documents as required by the Federal Rules of Civil Procedure.
B.

Defendant will designate such confidential material by marking it "Confidential

Subject to Protective Order" prior to production. All material and information so designated and all
information derived therefrom shall be referred to in this Order as "Confidential Information."
C.

Confidential Information shall be used only for the purposes of the above-captioned

action (including any appeals) and not for any business or other purpose whatsoever. Confidential
Information shall not be given, shown, made available, discussed, or communicated in any way to
anyone except those persons identified in paragraph D hereof. To the extent either party seeks to

use the other parties Confidential Infonnation either in open court, or in the text of a pleading filed
with the Court, the party agrees to request pennission from the Court that such be done under seal.
Nothing herein shall be construed to limit a party's use of its own Confidential Infonnation in any
way.
D.

Confidential Infonnation may not be disclosed to any person other than a Qualified

Person. Qualified Persons are:
1.

The individual parties to this litigation;

2.

Counsel ofrecord of the parties to this litigation;

3.

Paralegal, clerical and other such personnel employed or retained by, or
working under the supervision of, counsel of record of the parties to this
litigation;

4.

Officers of any corporate party;

5.

Consultants or expert witnesses engaged by counsel;

6.

Witnesses during testimony;

7.

The Court and Court personnel; and

8.

Any other person who is designated a Qualified Person by Order of this

Court or written agreement ofthe parties.
E.

All persons to whom Confidential Infonnation are disclosed or by whom

Confidential Infonnation are used, including parties, consultants, experts and their representatives
and all other persons described in paragraph D above (excluding the Court and Court personnel),
shall be infonned of the terms of this Protective Order and shall take all necessary precautions to
prevent any disclosure or use of Confidential Infonnation other than as authorized by this Order and
shall agree to submit to the personal jurisdiction of this Court on any issue relating to compliance
with this Order. Counsel for plaintiff shall take all reasonable steps necessary to advise any person

2

266020.1

to whom Confidential Infonnation may be disclosed, or by whom they may be used, of the tenns of
this Order, including obtaining written acknowledgment from such person that such person has read
this Order and will comply with its tenns in all respects.
F.

The inadvertent or unintentional production of documents containing, or other

disclosure of, confidential, sensitive or proprietary infonnation without being designated as
Confidential Infonnation at the time of production or disclosure shall not be a waiver of a party's
claim of confidentiality or right to designate the materials as Confidential Infonnation either as
to the specific material disclosed or as to related infonnation; provided that confidential
treatment can still be obtained without undue burden or expense on any party.
G.

Any party seeking relief from the provisions of this Order or needing further

protections may, if agreement cannot be reached among the parties, seek relief from this Court upon
notice to all parties.
H.

Within ninety (90) days of the tennination of this action (including appeals), all

Confidential Infonnation, including but not limited to copies, summaries, and excerpts, shall be
returned to defendant's counsel.

IT IS SO ORDERED THIS

c28:~AY OF

9.

....c<

,2012.

~~HT
UNITED STATES DISTRICT JUDGE

3

266020.1

APPROVED AND AGREED:

Attorneys for Plaintiff
TYRONE K. HOWARD

Attorneys for Defendant
STAFFMARK INVESTMENT LLC

David P. Martin, Arkansas Bar No. 92241
ROSE LAW FIRM,
a Professional Association
120 East Fourth Street
Little Rock, Arkansas 72201

4

266020.1

EXHIBIT A

TO AGREED PROTECTIVE ORDER

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

WESTERN DIVISION

PLAINTIFF

TYRONE K. HOWARD
vs.

CASE NO. 4:l1CV00631 SWW
DEFENDANT

STAFFMARK INVESTMENT LLC

NON-DISCLOSURE AGREEMENT
I certify that I have read the Agreed Protective Order (the "Order") in this action and that
I fully understand the tenns of the Order. I recognize that I am bound by the tenns of the Order,
and I agree to comply with those tenns. I hereby consent to the personal jurisdiction of the
United States District Court, Eastern District of Arkansas, Western Division, for any proceedings
involving the enforcement of the Order.
EXECUTEDthls __________________ day

_ _ _ _ _ _ _-' 2012.

Signature

Name

Affiliation

Business Address