Brotherton v. Hill et al

Filing 25

PROTECTIVE ORDER. Signed by Judge D. P. Marshall Jr. on 2/4/13. (kpr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
THOMAS BROTHERTON
v.

PLAINTIFF

No. 4:12-cv-534 DPM

JAY HILL et al.

DEFENDANTS

PROTECTIVE ORDER
Defendants’ unopposed motion for a protective order,
Document No. 24, is granted. The parties stipulate, and the Court
orders, as follows:
1.

In this case, Plaintiff has requested (or will request)

information and documents from the defendants or the Arkansas
Department of Human Services (“DHS”) that DHS considers to be
confidential. “Confidential Information” shall be used only for the
purpose of this litigation and for no other purpose. It shall not be
given, shown, made available, or communicated in any way by
Plaintiff to anyone except “Qualified Persons.”
2.

“Confidential Information” shall include any documents

containing confidential personal information (such as social security
numbers, contact information, medical information, dates of birth),

personnel files, and any other documents deemed and declared by
the defendants or DHS to contain Confidential Information.
3.

Except with the prior written consent of DHS, or pursuant

to further order of this Court on motion with notice to defendants
and DHS, no Confidential Information may be disclosed to any
person other than “Qualified Persons” who shall be defined to
include: the Plaintiff and his counsel; secretaries, para-professional
assistants, experts, and other employees of Plaintiff’s counsel who
will be actively engaged in assisting counsel in connection with this
action; court personnel; witnesses at trial or deposition; and the jury.
4.

Upon delivery of Confidential Information to the

Plaintiff’s counsel or upon making Confidential Information available
for inspection and review, DHS (or its counsel) shall execute and
submit to the counsel for Plaintiff a document entitled “Inventory of
Confidential Documents Delivered” in the form attached as Exhibit
1. Documents containing Confidential Information shall be identified
by document number.
5.

This Order shall be binding throughout this litigation and

for one year after this Court enters judgment. This period may be
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extended on motion for good cause. After the case is concluded, and
before this order expires:
Plaintiff and his counsel shall destroy all Confidential
Information, including correspondence, memoranda, notes, or any
other documents embodying such information in whole or in part.
Plaintiff’s counsel shall notify Defendants’ counsel that this
destruction has occurred. Counsel for Plaintiff 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.
7.

If Confidential Information is included in any papers to

be filed in court, the papers shall be redacted to the extent necessary
to preserve confidentiality. For instance, a personnel document that
only contains confidential information such as a birth date or social
security number must be redacted to exclude that information, and
then used.

Or, if the identity of the individual needed to be

protected, the document could be redacted to exclude the name of
that individual.

See FED. R. CIV. P. 5.2 and Advisory Committee
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Notes.

If redaction is impractical, or would remove information

necessary to the Court’s decision on the relevant motion or paper,
and only then, the motion or paper should be labeled “confidential,”
and filed under seal unredacted. 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.

_________________________
D.P. Marshall Jr.
United States District Judge

/s/ Luther Oneal Sutter
Counsel for Plaintiff
/s/ David A. Curran
Counsel for Defendants

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EXHIBIT 1
INVENTORY OF CONFIDENTIAL DOCUMENTS PROVIDED
I hereby submit the following documents, document pages,
and/or depositions that are subject to the Protective Order for the
protection of documents in Brotherton v. Hill et al., filed in the United
States District Court for the Eastern District of Arkansas, Case No.
4:12-cv-534 DPM (list all documents, pages, and depositions below):
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
________________________________

DATED: _________________

SIGNATURE: _________________