Gunn v. Transamerica Life Insurance Company
Filing
10
PROTECTIVE ORDER Pursuant to Stipulation and Agreement regarding confidential information. Signed by Chief Judge J. Leon Holmes on 2/1/12. (vjt)
FILED
U.S. DISTRICT COURT
EASTERN DISlHICT ARKANSAS
FEB 0 1 2012
IN THE UNITED STATES DISTRICT COURT JAMES W. McCORMACK.,~LERK
FOR THE EASTERN DISTRICT OF ARKANSAS By:
lfePhLERK
WESTERN DIVISION
REGINAGUNN
PLAINTIFF
VS.
NO.: 4:11-CV-751 JLH
TRANSAMERICA LIFE INSURANCE
COMPANY
DEFENDANT
PROTECTIVE ORDER PURSUANT TO STIPULATION AND AGREEMENT
_.:.;Is~+;:.___ day of
On this
febo.cao/ , 2012, the Court reviewed the stipulation and
agreement for a Protective Order between the Plaintiff and the Defendant, and makes the
following Orders:
1.
Confidential Information, as later defined herein, and produced by either party or
pursuant to a release for medical or employment records in this action, shall be used only for
the purpose of this litigation and for no other purpose whatsoever, and shall not be given,
shown, made available, or communicated in any way to anyone except Qualified Persons, as
herein defined.
2.
Confidential Information shall be deemed to include, without limitation:
a)
Those personnel files, medical reports, job descriptions, rates of pay,
policies, training materials, insurance coverage information, benefits
information, financial information, proprietary information, trade secrets,
and other matters now requested or hereinafter requested by the parties
or relating to the operation and organization of Defendant and such other
information as may be deemed by this Court to be relevant or material
herein.
b)
Any information concerning such as set forth in 2(a) herein above as may
be, from time to time, produced by the parties herein and declared by the
party at the time of production to be "Confidential Information" and subject
to this Order, such designation to be in writing and may be by letter of
transmittal to the party.
3.
Except with the prior written consent of the party or pursuant to further Order of
this Court on motion with notice to the party, no Confidential Information may be disclosed to
any person other than "Qualified Persons" who shall be defined to include the parties, any future
counsel of record for the parties in this action, and secretaries, paraprofessional assistants, and
other employees of such counsel who would be actively engaged in assisting counsel in
connection with this action. Plaintiff agrees that Confidential Information will not be disclosed to
anyone, unless used for the purpose of trial preparation, depositions or the actual trial
proceedings. Plaintiff agrees that if Confidential Information is disclosed during trial preparation
or depositions, Plaintiff will advise the recipient of the information that he/she must keep the
information confidential except during depositions or the actual trial proceedings. Plaintiff
specifically agrees that Confidential Information contained in the personnel files of current or
former employees will not be disclosed to anyone, unless used in the course of the actual trial
. proceedings.
4.
Upon receipt of Confidential Information from opposing counsel, the party
receiving the Confidential Information shall execute and return to opposing counsel a document
entitled "Inventory of Confidential Documents Received" in the form affixed hereto as Exhibit A.
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:
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189687
a)
At the end of three {3) years following the conclusion of this case, counsel
may destroy the confidential information or, prior to the expiration of the
three {3) year deadline, counsel may take all reasonable steps necessary
to reclaim all Confidential
Information,
including
correspondence,
memoranda, notes, or any other documents embodying such information,
in whole or in part, by requesting the return of all copies of such
Confidential Information and paying reasonable expenses for the return of
the documents.
b)
Counsel and all Qualified Persons are enjoined from disclosing in any
manner any Confidential Information obtained during the course of this
proceeding.
6.
Nothing in this Order shall prevent any party from seeking modification of this
Order at any time as to specific matters designated "Confidential Information" to remove such
from the application of this Order.
7.
Such Confidential Information as may be required to be filed with the Court and
with the Clerk of this Court shall be filed under seal. Only the Court, Court personnel, and
counsel for the parties shall have access to the sealed record in this proceeding until further
Order of this Court.
IT IS HEREBY SO ORDERED.
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189687
APP
~I
VEDAS TO FORM:
.
~ !3!t1~~~
aro yn B. Witherspoon (#78172)
CROSS, GUNTER, WITHERSPOON & GALCHUS, P.C.
500 President Clinton Avenue, Suite 200
Little Rock, Arkansas 72201
Telephone: (501) 371"9999
Facsimile: (501) 371-0035
ATTORNEYS FOR DEFENDANT
Lucj~
FY'GIIIham (#99199)
HA~RILL & SUTTER, P.L.L.C.
P. 0. Box 2012
Benton, AR 72018
Telephone: (501) 315·1910
Facsimile: (501) 315w1916
.....""-........
ATTORNEY FOR PLAINTIFF
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189687
EXHIBIT 1
INVENTORY OF CONFIDENTIAL DOCUMENTS RECEIVED
1· hereby acknowledge receipt of the following documents, document pages,
and/or depositions which are subject to the Protective Order for the protection of
documents in REGINA GUNN V. TRANSAMERICA LIFE INSURANCE COMPANY;
CASE NO.: 4:11-CV-751 JLH (list all documents, pages, and depositions received):
DATE: ________________
Lucien Gillham
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189687
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