Bartlett v. Little Rock Arkansas, City of

Filing 11

AGREED PROTECTIVE ORDER. Signed by Judge D. P. Marshall Jr. on 9/29/2014. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
GUISEPPINA "FINA" BARTLETT

v.

PLAINTIFF

No. 4-13-cv-682-DPM

THE CITY OF LITTLE ROCK

DEFENDANT

AGREED PROTECTIVE ORDER
1.

Confidential Information, defined below, and obtained by either

party in this action, shall be used only for the purpose of this litigation and for
no other purpose, and shall not be given, shown, made available or
communicated in any way to anyone except Qualified Persons, as defined
below. In the event that any confidential information or documents subject to
this Order are used in any court proceeding in this litigation, it shall not lose
its confidential status, and the party using the confidential material shall take
all reasonable steps to maintain its confidentiality during use
2.

Confidential Information includes, without limitation: social security

numbers, driver 1s license numbers, employee identification numbers, home
addresses, unlisted telephone numbers, credit card and bank account numbers,
medical records, employee evaluations, including any all and all records that
are used to support the evaluations, marital and similar family information,

tax withholding and payroll deductions, employee benefit information,
disciplinary records and other information agreed upon by the parties or
deemed by the Court to be confidential in nature. The Parties will designate
this information as "Confidential Information" with an appropriate
"Confidential Information" stamp designating it as such, in order to give the
opposing party an opportunity to object to that designation. If either party
disputes that the designated information is confidential, then the parties must
follow the procedures in the Court1s Final Scheduling Order for discovery
disputes.
3.

The Court orders that counsel for the Defendant ensure that the

following confidential information be redacted from any documents produced
by Defendant: social security numbers, driver 1s license numbers, employee
identification numbers, home addresses, unlisted telephone numbers, credit
card and bank account numbers. This highly confidential and personal
information which is typically contained in employee personnel records is not
needed by Plaintiff in order to prosecute his lawsuit.
4.

Except with the prior written consent, or pursuant to further Order of

this Court on motion with notice to the opposing party, no confidential

information may be disclosed to any person other than qualified persons who

shall be defined as Plaintiff, Plaintiff's counsel, Defendant, Defendant's
counsel, employees of counsel for the Parties (to the extent necessary),
employees of Defendant involved in the defense of this action, experts,
witnesses who testify at trial or at any deposition in this lawsuit, court
reporters, and other court personnel.
5.

This Order, insofar as it restricts the communication in any way

and use of confidential information, for one year after this litigation, including
appeals, ends. At that time:
a)

Upon request by Defendant, Plaintiff (or her counsel) 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, and return the confidential information to counsel for the
Defendant. Alternatively, Plaintiff's counsel may serve an
affidavit of destruction on defense counsel attesting that all
confidential information produced in discovery or obtained

otherwise, including all copies made of such information, have
been destroyed. The affidavit of destruction shall include all
confidential information protected by this Order which has been

placed in any computer database shall be completely erased, and
any documents listing or summarizing the information protected
by this Order shall be destroyed within the same period. This
paragraph does not require the return or destruction of any
motions, briefs, or other items filed with the Court that may
contain, reference, or summarize confidential information.
b)

Counsel and all qualified persons shall not disclose in any

manner any confidential information obtained during the course of
this proceeding.
6.

This Order shall not be modified, vacated, suspended, appealed,

or otherwise altered without further order of the Court. Use of any confidential
materials subject to this Order in discovery, at trial, or in any other manner
shall not alter the obligations set forth in this Order. The Court shall retain
jurisdiction over this Order for purposes of enforcement and adjudication of
claims concerning alleged violations of its provisions for one year after the
termination of this lawsuit, including any appeals. Any violation of this Order
by any person subject to its terms may result in the imposition of sanctions
against the violator, the party by whom the violator is employed or both. After
the Court's jurisdiction ends, this Order shall exist as a contract between the

signatories.
7.

Neither the agreement to or the taking of any action in accordance

with the provisions of this Order, nor the failure to object thereto, shall be
interpreted as a waiver of any claim or position or defense in this action, or
any other action.
8.

Nothing herein shall be construed to affect in any way the

admissibility of any document, testimony or other evidence at trial. Issues of
use or admissibility at trial shall be determined by the Court at that time.
9.

Any party desiring to file a document under seal or requesting that

a document or documents be filed under seal must comply with Rule 5.2 of the
Federal Rules of Civil Procedure. If redaction proves impracticable, then the
party wishing to file under seal must first obtain leave from the Court. The
Court has sole discretion over whether to permit a party to file under seal.
10.

Plaintiff's current counsel shall explain to Plaintiff the terms of this

Protective Order, including the requirements and restrictions he must observe.
So Ordered.

D.~P
United States District Judge

APPROVED BY:

fs/ Austin Porter, Jr.
Austin Porter, Jr. #86145
323 Center Street
Suite 1300
Little Rock, Arkansas 72201
Tel: [phone]
[e-mail]
ATTORNEY FOR PLAINTIFF

fs/ LaTonya Laird Austin
LaTonya Laird Austin, #2002102
Deputy City Attorney
City Hall - Suite 310
500 West Markham
Little Rock, Arkansas 72201
[phone]
[e-mail]
ATTORNEY FOR DEFENDANT