Bracey v. Little Rock Arkansas, City of

Filing 12

PROTECTIVE ORDER. Signed by Judge D. P. Marshall Jr. on 11/12/13. (kpr)

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

JOHN BRACEY

v.

No. 4-13-cv-13-DPM

CITY OF LITTLE ROCK, ARKANSAS

DEFENDANT

ORDER
The parties stipulate, and the Court orders as follows:
1.

During the course of the litigation of this case, Plaintiff has

requested certain documents in discovery that contain confidential and
personal information pertaining to employees of the Defendant who are
not parties to the case. The requested documents include personnel files
and investigative files in the possession of the Little Rock Police
Department and the City of Little Rock Human Resources Department.
The purpose of this Agreed Protective Order is to ensure that access to
those documents is restricted and that certain confidential information
identified in this Order is redacted before any documents are produced.
2.

Counsel for the parties have agreed, and the Court orders, that

any and all documents contained in the files produced by the City of Little
Rock in response to discovery requests from the Plaintiff shall be used

solely for the purpose of litigating this action and that documents
contained in the files shall not be disclosed except as permitted by this
Order. The Court further orders that, prior to providing Plaintiff's counsel
with any documents, counsel for Defendant is directed to ensure that
employee social security numbers, driver's license numbers, employee
identification numbers, home addresses and unlisted telephone numbers
are redacted. The Court finds that this type of information is not needed by
Plaintiff in order to prosecute his lawsuit and that dissemination of the
information could cause City of Little Rock employees irreparable harm.
3.

In addition to the confidential information identified In

paragraph 2, information contained in files that addresses discipline of
other employees and is not generally available to the public is covered by
this Order. Therefore, documents that form the basis for, or implement,
disciplinary action against City of Little Rock employees shall not be
disclosed by Plaintiff's counsel to any person, partnership, firm,
corporation, or any other person or entity, with the exception of any
witness retained by Plaintiff to offer testimony under Rules 702, 703, and
705 of the Federal Rules of Evidence. All persons who are covered under
the provisions of this Order are directed not to discuss any information

-2-

contained in any documents referenced in this paragraph with anyone
other than those persons authorized by this Order.
4.

This Order is entered based on the representations and

agreements of the parties and for the purpose of facilitating discovery.
Nothing in this Order will be construed as a judicial determination that any
specific document or item of information is admissible in evidence at the
trial of this case. Furthermore, by stipulating to the entry of this Order, no
party waives any right or objection it would otherwise have in absence of
the Order.
5.

Within thirty days of the final termination of this action,

including all appeals, counsel for the Plaintiff shall either return all
documents produced by Defendant in the course of the litigation or destroy
all such records and promptly serve an affidavit of destruction on counsel
for the City of Little Rock attesting that he has complied with this provision
of the Order.
So Ordered.

D.P. Marshall Jr.
United States District Judge

- 3-