Benefield et al v. Convacare Management Inc et al

Filing 54

AGREED PROTECTIVE ORDER. Signed by Judge Kristine G. Baker on 8/29/13. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
KIMBERLY BENEFIELD, VEATRICE
CHILDRESS, JANIS FRANKS, PENNY HILL,
VICKI KELLER, JENNIFER KIRKER,
CHRISTOPHER MATHIS, KRYSTAL
REEVES, LISA STRAIN, ROSA TAYLOR,
SUSIE TOSH, and AMANDA WHITE, EACH
INDIVIDUALLY AND ON BEHALF OF
OTHERS SIMILARLY SITUATED
v.

PLAINTIFFS

Case No. 4:12CV589-KGB

CONVACARE MANAGEMENT, INC.,
ROLLING HILLS H.C., INC., JOEY WIGGINS,
and JOHN DOES 1-30

DEFENDANTS

AGREED PROTECTIVE ORDER
Before the Court is the parties’ joint motion for protective order (Dkt. No. 53). The
Court has reviewed the joint motion for protective order and orders the following:
1.

Confidential Information, as defined in this Order, and obtained by Plaintiffs from

Defendants in this action or obtained from Plaintiffs by Defendants, or obtained by or on behalf
of any third party, 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 means:
a)

Salary or other pay information, time records, personnel files, trade
secrets, medical records, and other information the confidentiality or
privacy of which is protected by statute or other law.

b)

Notwithstanding the foregoing, Confidential Information shall not include
information that is publically known or publically available prior to being

disclosed, furnished or submitted in this litigation. Counsel shall not use
the confidentiality designation except where counsel has a good faith
belief that the documentation/information meets the criteria of this
paragraph 2 and is consistent with the intent of this Order. For example,
and without limitation, counsel shall not use the confidential designation
for tactical purposes, or otherwise to gain advantage in this litigation or to
conceal or encumber non sensitive information.
3.

Except with the prior written consent of Defendants or Plaintiffs, or pursuant to

further Orders of this Court on motion with notice to Defendants or Plaintiffs, no Confidential
Information may be disclosed to any person other than “Qualified Persons” who shall be defined
to include Plaintiffs, Defendants, any future counsel of record for Defendants or Plaintiffs in this
action, and secretaries, paraprofessional assistants, experts, and other employees of such counsel
who would be actively engaged in assisting counsel in connection with this action.
4.

If and to the extent any party believes that any Confidential Information has been

improperly designated as Confidential Information and wishes to disclose such information
outside the terms of this Agreed Protective Order, then the party shall (1) first, promptly meet
and confer with the designating party to resolve the issue; then, if the meet and confer is
unsuccessful, (2) provide all parties to this Order with at least ten days calendar notice of its
intent to so disclose the information. If the parties disagree on the anticipated disclosure, the
party who claims confidentiality shall have the burden to move the Court for a determination of
the issues. If the opposing party does not move the Court prior to the expiration of the ten
calendar days notice period, then the party intending to disclose the Confidential Information

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shall postpone its intended disclosure until after the Court has ruled on these issues. Otherwise
confidentiality is automatically removed.
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:
a)

Upon request by a party , the other parties (or their counsel, if any,) shall
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.

b)

All Qualified Persons are enjoined from disclosing in any manner any
Confidential Information obtained during the course of this proceeding.

6.

If redaction is impractical, Fed. R. Civ. P. 5.2, then 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, Plaintiffs, Defendants, and their counsel, if any, shall
have access to the sealed record in this proceeding until further Order of this Court.
IT IS SO ORDERED this 29th day of August, 2013.

________________________________
KRISTINE G. BAKER
UNITED STATES DISTRICT JUDGE

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