Austin v. Allstate Life Insurance Company

Filing 13

AGREED PROTECTIVE AND CONFIDENTIALITY ORDER. Signed by Judge James M. Moody on 8/21/12. (kpr)

UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF ARKANSAS
NATHAN F. AUSTIN, Individually and
on Behalf of a Class of All Other
Arkansans Similarly Situated,
Plaintiff,
v.

ALLSTATE LIFE INSURANCE
COMPANY,
Defendant.

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4:12-CV-338-JMM

AGREED PROTECTIVE AND CONFIDENTIALITY ORDER
The Court, being advised that Plaintiff Nathan Austin and Defendant Allstate Life
Insurance Company, hereinafter referred to individually and collectively as "Party" or
"Parties," stipulate and agree to the entry of this Order, and agree that the production of
certain documents, answers to discovery, testimony, expert reports, and other evidence in
this litigation may contain private, proprietary and/or confidential business information,
the public disclosure of which may cause serious harm to the producing party or violate
the rights of third parties, finds that the protective order set forth below should be entered
by the Court to restrict the disclosure of such information. It is therefore ordered that:
1.

A Party may designate as "Confidential" any testimony, documents,

discovery responses, records or tangible things served or produced by that Party in
response to discovery demands, court filings, or subpoenas, which the Party so
designating in good faith asserts contain, reflect, refer to, disclose, or constitutes any
trade secret or confidential, financial, business, client, personal or proprietary

AGREED PROTECTIVE AND CONFIDENTIALITY ORDER- Page 1

information. A Party may designate materials as "Confidential- Attorneys' Eyes Only"
which contain Confidential Information of a highly sensitive nature, including, but not
limited to, personal information of third parties.

Information designated as

"Confidential" or "Confidential- Attorneys' Eyes Only" shall collectively be referred to
herein as "Confidential Information".

In order to designate documents, records, or

tangible things as Confidential Information, the producing Party shall stamp each page of
such material as "Confidential" or "Confidential- Attorneys' Eyes Only."
2.

The Parties shall not disclose or use any Confidential Information other

than in accordance with the terms and conditions of this Protective Order.
3.

Confidential Information shall not be used for any purpose other than the

conduct of this Action. No one shall be permitted access to Confidential Information
except for the prosecution, defense, or appeal of this Action, except that a Parties may use
their own Confidential Information for any purpose.
4.

Information designated "Confidential" may be disclosed only to those

persons set out in (a)- (f) below, and information designated "Confidential- Attorneys'
Eyes Only" may be disclosed only to the persons set out in (a), (b), and (d) below:
(a)

The receiving Party's counsel of record and counsel's employees to
whom it is necessary that such information be shown for purposes of
conducting the Action;

(b)

Experts and consultants retained by counsel for the receiving Party
for the conduct of the Action so long as such expert or consultant
agrees in writing, on the form attached hereto as Exhibit "A," to be
bound by this Order;

(c)

The receiving Party and the rece1vmg Party's officers, directors,
shareholders, partners, employees, agents, and representatives, who

AGREED PROTECTIVE AND CONFIDENTIALITY ORDER- Page 2

actually assist counsel for the receiving Party in the conduct of the
Action;
(d)

(e)

Deposition notaries and staff; and

(f)
5.

The Court (including Court personnel and jurors), in accordance
with the provisions of paragraph 6 of this Protective Order;

Deponents at their depositions.

To the extent Confidential Information includes information regarding, or

could be used to obtain information regarding, a class member's address, telephone
number, or other identifying information, such confidential information will not be used
to directly or indirectly contact the individual, except with the explicit approval of the
Court. The Parties agree that class members will only be contacted regarding this case
with the explicit approval of the Court, however, Allstate Life Insurance Company may
continue to communicate with class members in the ordinary course of business
regarding their policies.
6.

Confidential Information may be filed with the Court only under seal as

follows: the designated documents or materials shall be placed in a sealed envelope or
other appropriately sealed container on which shall be stated (i) the name and caption of
the Action; (ii) the name of the Party filing the sealed envelope or the container; and,
(iii) a statement substantially in the following form:
This envelope (or container) is sealed pursuant to a Protective
Order, and is not to be opened nor the contents thereof
displayed or revealed to anyone other than counsel of record
in this action or employees and agents of the Court, except
pursuant to stipulation of the producing Party or order of the
Court.

AGREED PROTECTIVE AND CONFIDENTIALITY ORDER- Page 3

Any courtesy copy of Confidential Information delivered to any judge or magistrate, or
agent thereof in the Action, also shall be sealed in accordance with the provisions of this
paragraph.
7.

Confidential Information may be designated in deposition proceedings in

the Action as follows:
(a)

If a Party asserts confidentiality with respect to all or any portion of

deposition testimony and/or deposition exhibits, that Party shall, during the
deposition or within ten (10) business days after the deposition transcript is
received by the Party, designate in writing to opposing counsel the portions of the
deposition and/or deposition exhibits with respect to which confidentiality is
asserted; and/or
(b)

The Party asserting confidentiality shall provide copies stamped

"Confidential" of the portions of the transcript and any exhibits designated as
confidential to the opposing Party within twenty (20) days of designation.
8.

This Protective Order shall not abrogate or diminish any contractual,

statutory or other legal privilege or protection of a Party or person with respect to any
Confidential Information.

The fact that any materials are designated "Confidential"

pursuant to this Protective Order shall not affect or operate as a means of objection to the
admissibility of any such material.

The fact that materials are designated as

"Confidential" pursuant to this Protective Order shall not affect what a trier of fact in the
Action or any other proceeding may find to be confidential or proprietary.

AGREED PROTECTIVE AND CONFIDENTIALITY ORDER- Page 4

9.

A party may challenge the other party's designation of materials as

confidential by notifying the Party in writing of the specific materials to which challenge
is made. The designating Party will then have twenty (20) days after receipt of such
notice to seek protection from the Court for any challenged materials. If protection is not
sought in twenty (20) days, the materials challenged shall cease to be governed by the
terms of this Order and shall not longer be considered Confidential Information.
However, if protection is timely sought, absent a court order or written agreement of the
Parties hereto to the contrary, no Party may disclose or use any Confidential Information
obtained from another Party through discovery in this Action other than in accordance
with this Protective Order.
10.

Other than as provided in Paragraph 9, neither the taking of, nor the failure

to take, any action to challenge any designation of confidentiality pursuant to this
Protective Order or to enforce the provisions of this Protective Order shall constitute a
waiver of any right, claim or defense by a Party in this Action.
11.

Other than is specifically provided herein, this Protective Order does not

expand or limit the scope of discovery or the rights and the obligations of any Party with
respect thereto in the Action or any other proceeding.
12.

Nothing in this Protective Order shall preclude any Party from seeking any

alternative or additional protection with respect to the use and disclosure of any
documents or materials.
13.

Within sixty (60) days after final termination of this Action, counsel for a

Party who has received Confidential Information from another Party will return all such

AGREED PROTECTIVE AND CONFIDENTIALITY ORDER- Page 5

Confidential Information in its possession, custody, or control, and all portions,
summaries, abstracts, indices or copies thereof (except to the extent that any of the
foregoing includes or reflects such counsel's work product which can be maintained
subject to the terms of this order) to counsel for the Party who provided them, or will
certify in writing to counsel for the Party who provided them that all of such Confidential
Information has been destroyed.
14.

This Protective Order may be amended or modified only by written

stipulation of the Parties or by order of the Court.
Signed this

o2l ~t-

day of --"~""""""-F-=--"-=-----' 2012.

United States District Judge

AGREED PROTECTIVE AND CONFIDENTIALITY ORDER- Page 6

AGREED:
STREET LAW FIRM, P.A.

FIGARI & DAVENPORT, LLP

By:

By:

/s/ James A. Street
James A. Street
State Bar No. 2007092
Alex G. Street
State Bar No. 65038

Andrew G. Jubinsky
Andrew G. J ubinsky
Texas Bar No. 11043000
Timothy A. Daniels
Texas Bar No. 05375190

107 West Main
Russellville, AR 72801
[phone]
[phone] (FAX)

3400 Bank of America Plaza
901 Main Street
Dallas, Texas 75202
[phone]
[phone] (FAX)

William Riley
Joseph Williams
PRICE WAICUKAUSKI & RILEY, LLC
Hammond Block Building
301 Massachusetts Avenue
Indianapolis, IN 46204
[phone]
[phone] (FAX)

Stuart P. Miller
MITCHELL, WILLIAMS, SELIG,
GATES, & WOODYARD, P.L.L.C.
425 West Capitol Avenue
Suite 1800
Little Rock, Arkansas 72201
[phone]
[phone] (FAX)

ATTORNEYS FOR PLAINTIFF

ATTORNEYS FOR DEFENDANT

AGREED PROTECTIVE AND CONFIDENTIALITY ORDER- Page 7