Morris v. U S Bank et al

Filing 33

PROTECTIVE ORDER. Signed by Judge D. P. Marshall Jr. on 10/17/13. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
PLAINTIFF

AMANDA C. MORRIS
No. 4:12-cv-281-DPM

v.

U.S. BANK NATIONAL ASSOCIATION;
MICHAEL SHELLEY; and MIKE RICHARDSON

DEFENDANTS

PROTECTIVE ORDER
The parties stipulate, and the Court orders, as follows:
1. Confidential Information, as defined in this Order, 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 defined in
this Order.
2. Confidential Information includes, without limitation:
a)

Those personnel files, applications, job descriptions, rates of pay,
policies, training materials, insurance coverage information,
benefits

information, financial

information,

proprietary

information, loyalty scores, survey information, award
information, and trade secrets;

b)

Any information of the type set forth in 2(a) above as may be,
from time to time, produced by the parties and declared by the
party at the time of production to be "Confidential Information"
and subject to this Order. Designation shall be in writing and
may be made 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 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 or she
must keep the information confidential except during depositions or the
actual trial proceedings. Plaintiff specifically agrees that Confidential

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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," attached 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 for one year after
the litigation, including all appeals, ends. At that point:
a)

Counsel may destroy the confidential information. Further,
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 the
Confidential Information and paying reasonable expenses for the
return of the documents.

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b)

Counsel and all Qualified Persons shall not disclose 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 that information from the application
of this Order.
7. Any Confidential Information as may be required to be filed with the
Court and with the Clerk of this Court shall be redacted when practicable.
FED.

R. CIV. P. 5.2. If redaction is not practicable, the parties shall file the

Information 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.
So Ordered.

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EXHIBIT A
INVENTORY OF CONFIDENTIAL DOCUMENTS RECEIVED

I hereby acknowledge receipt of the following documents, document
pages, or depositions which are subject to the Protective Order for the
protection of documents in Amanda C. Morris v. U.S. Bank National
Association, Michael Shelley, and Mike Richardson, No. 4:12-cv-281-DPM (list

all documents, pages, and depositions received):

Name:---------------Date: __________

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