Burke v. Concentra Health Services Inc et al

Filing 13

STIPULATION FOR PROTECTIVE ORDER. Signed by Judge Brian S. Miller on 7/6/12. (kpr) (Additional attachment(s) added on 7/6/2012: # 1 Main Document - Correct) (thd).

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
LITTLE ROCK DIVISION
PLAINTIFF

JUDY BURKE

v.

CASE NO. 4:12-CV-099 BSM

CONCENTRA HEALTH SERVICES, INC.,
RITA LNU, and W AL-MART STORES, INC.

DEFENDANTS

STIPULATION FOR PROTECTIVE ORDER
It appearing to the Court that the Parties to this action, Plaintiff Judy Burke and

Defendants Wal-Mart Stores Arkansas, LLC, Concentra Health Services, Inc., and Rita
Underwood by their respective counsel, have entered into a Stipulation for Protective Order
pursuant to Rule 26 of the Federal Rules of Civil Procedure in connection with discovery
requests in this action, it is ORDERED:
1.

This Protective Order shall govern all materials deemed to be "Confidential

Information." Such Confidential Information shall include the following:
(a)

Any and all documents referring or related to confidential and proprietary human
resources or business information; financial records of the parties; compensation
of any Defendant's current or former personnel; policies, procedures and/or
training materials of any Defendant; and/or any Defendant's organizational
structure;

(b)

Any documents from the personnel, medical or workers' compensation file of any
current or former employee or contractor;

(c)

Any documents relating to the medical and/or health information of any of a
Defendant's current or former employees or contractors;

(d)

Any portions of depositions (audio or video) where Confidential Information is
disclosed or used as exhibits;

(e)

Plaintiffs income tax returns and other documents which contain private,
confidential information including, but not limited to, social security numbers,
financial information, medical records and home address.

2.

In the case of documents and the information contained therein, designation of

Confidential Information produced shall be made by placing the following legend on the face of
the document and each page so designated "CONFIDENTIAL" or otherwise expressly identified
as confidential.

The Parties will use their best efforts to limit the number of documents

designated Confidential.
3.

Confidential Information shall be held in confidence by each qualified recipient to

whom it is disclosed, shall be used only for purposes of this action, shall not be used for any
business purpose, and shall not be disclosed to any person who is not a qualified recipient. All
produced Confidential Information shall be carefully maintained so as to preclude access by
persons who are not qualified recipients.
4.

Qualified recipients shall include only the following:
(a)

(b)

Deposition notaries and staff;

(c)

Persons other than legal counsel who have been retained or specially
employed by a party as an expert witness for purposes of this lawsuit or to
perform investigative work or fact research;

(d)

Deponents during the course of their depositions or potential witnesses of
this case; and

(e)
5.

In-house counsel and law firms for each party and the secretarial, clerical
and paralegal staff of each;

The Parties to this litigation, their officers and professional employees.

Each counsel shall be responsible for providing notice of the Protective Order and

the terms therein to persons to whom they disclose "Confidential Information," as defined by the
terms ofthe Protective Order.
6.

Persons to whom confidential information is shown shall be informed of the terms

of this Protective Order and advised that its breach may be punished or sanctioned as contempt

2

of the Court. Such deponents may be shown Confidential materials during their deposition but
shall not be permitted to keep copies of said Confidential materials nor any portion of the
deposition transcript reflecting the Confidential Information.
7.

If either Party objects to the claims that information should be deemed

Confidential, that Party's counsel shall inform opposing counsel in writing within thirty (30)
days of receipt of the Confidential materials that the information should not be so deemed, and
the Parties shall attempt first to dispose of such disputes in good faith and on an informal basis.
If the Parties are unable to resolve their dispute, they may present a motion to the Court objecting
to such status. The information shall continue to have Confidential status during the pendency of
any such motion.
8.

No copies of Confidential Information shall be made except by or on behalf of

attorneys of record, in-house counsel or the Parties in this action. Any person making copies of
such information shall maintain all copies within their possession or the possession of thos,e
entitled to access to such information under this Protective Order.
9.

All information produced in this action, whether deemed Confidential or not, shall

be used only for purposes of this litigation and not for any other purpose.
10.

The termination of this action shall not relieve the Parties and persons obligated

hereunder from their responsibility to maintain the confidentiality of information designated
confidential pursuant to this Protective Order.
11.

Upon termination of this action by entry of a final judgment (inclusive of any

appeals or petitions for review), the Parties may request the return of all previously furnished
Confidential Information, including any copies thereof, and each person or Party to whom such

3

Confidential Information has been furnished or produced shall be obligated to return it within
thirty (30) days of said request.
12.

Nothing in this Protective Order shall be deemed to preclude any party from

seeking and obtaining, on an appropriate showing, a modification of this Order.
IT IS SO ORDERED THIS

f.;!'- DAY OF -::s- J

\. '::\

'

• 2012.

t~
.-- /Q~=y,
UNITED STATES DISTRICT COURT JUDGE

HARRILL & SUTTER, PLLC
Attorneys at Law
310 West Conway St.
Benton, Arkansas 72015
[phone]

luthersutter@yahoo. com

MITCHELL, WILLIAMS, SELIG,
GATES & WOODYARD, P.L.L.C.
425 West Capitol Ave., Suite 1800
Little Rock, Arkansas 72201
[phone]

[e-mail]

~-~/

Jerrre;:spmyar

Ark. BarNo. 2004159

Attorney for Wal-Mart Stores Arkansas, LLC

4

JAMES, CARTER & COULTER, PLC
Post Office Box 907
Little Rock, Arkansas 72203-0907
[phone]
jcoulter@jamescarterlaw. com

John D. Coulter
Ark. BarNo. 98148
Attorneys for Rita Underwood

WRIGHT, LINDSEY & JENNINGS
200 West Capitol Avenue, Suite 2300
Little Rock, Arkansas 72201
[phone]
ELowther@wij. com

Attorneys for Concentra Health Services, Inc.

5

JAMES, CARTER & COULTER, PLC
Post Office Box 907
Little Rock, Arkansas 72203-0907
[phone]
[e-mail]

Attorneys for Rita Underwood

WRIGHT, LINDSEY & JENNINGS
200 West Capitol Avenue, Suite 2300
Little Rock, Arkansas 72201
[phone]
[e-mail]

Edwin L. Lowther
Ark. BarNo. 81107
Attorneys for Concentra Health Services, Inc.

5