Thompson v. Walters et al

Filing 13

STIPULATED AND AGREED PROTECTIVE ORDER. Signed by Judge Susan Webber Wright on 6/18/2014. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
PATRICK D. THOMPSON,
Plaintiff,
vs.

HORACE WALTERS, individually
and in his official capacity as Chief
of Police in and for the City of
Alexander, AR; CITY OF
ALEXANDER, ARKANSAS,
Defendants.

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No. 4:14-cv-00047-SWW

STIPULATED AND AGREED PROTECTIVE ORDER
1. Confidential Information obtained from the City of Alexander by Plaintiff or Plaintiff’s
counsel 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.
2. Confidential Information includes, without limitation:
(a) Documents containing confidential personal information, such as social security
numbers, contact information, medical information, dates of birth, and information and other
matters requested by a party now or later.
(b) Any information produced by a party and declared by the party at the time of
production to be Confidential Information. Materials that are designated as confidential that do
not fall into one of the specific categories named in Section 2(a) should be stamped confidential,
or if Bates numbers are used, documents may be designated as confidential by Bates number in a

letter. A party may oppose a confidentiality designation in writing within 10 days of the
designation, at which time the parties shall engage in a good faith effort to resolve the issue, and
may move to remove the confidentiality designation if negotiations fail.
3. Except with the prior written consent of the City, or pursuant to an Order of this Court
no Confidential Information may be disclosed to any person other than Qualified Persons.
4. Qualified Persons include Plaintiff’s counsel, any future counsel of record for Plaintiff
in this action, secretaries, para-professional assistants, experts, and other employees of counsel
who are actively engaged in assisting counsel with this action, court personnel, witnesses at trial
or deposition, and the jury.
5. Upon delivery of Confidential Information to Plaintiff’s counsel, the City (or City's
counsel) shall execute and submit to Plaintiff’s counsel a document entitled Inventory of
Confidential Documents Delivered in the format of the attached form. See Exhibit 1. Documents
containing Confidential Information shall be stamped or otherwise marked confidential.
6. This Order shall continue to be binding through and after the conclusion of this
litigation, including all appeals. One year after the conclusion of this litigation, this Court shall
lose jurisdiction to enforce this Order and it shall survive thereafter only as to a contract between
the parties. No later than three years after the conclusion of this litigation, Plaintiff’s counsel
shall destroy all confidential information, including, correspondence, memoranda, notes or any
other documents embodying such information, in whole or in part. All Qualified Persons are
barred from disclosing in any manner any Confidential Information obtained during the course of
this proceeding.
7. Nothing in this Order shall prevent any party from seeking modification of this Order

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at any time as to specific matters designated “Confidential Information” to remove such from the
application of this Order.
8. Documents that are entirely confidential may need to be filed with the Court and must
be filed with the Clerk of this Court under seal. But to the greatest extent possible, Fed. R. Civ.
P. 5.2 documents containing confidential information shall be filed in a redacted form so that
those portions of the document containing confidential information will not be visible to the
public. 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.
/s/Susan Webber Wright
U.S. District Judge
June 18, 2014
PREPARED BY:
/s/ Amanda LaFever
Amanda LaFever, Ark. Bar No. 2012133
Post Office Box 38
North Little Rock, Arkansas 72115-0038
E-mail: [e-mail]
Counsel for Defendants
APPROVED AS TO FORM:
/s/ Edward G. Adcock
Edward G. Adcock, Ark. Bar No. 83001
1018 Cumberland #11
Little Rock, AR 72202
E-mail: [e-mail]
Counsel for Plaintiff

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EXHIBIT 1
INVENTORY OF CONFIDENTIAL DOCUMENTS PROVIDED
I hereby submit the following documents, document pages, and/or depositions which are
subject to the Protective Order for the protection of documents in Patrick Thompson v. City of
Alexander; Horace Walters, individually and in his official capacity, filed in The United States
District Court for the Eastern District of Arkansas, Western Division, No. 4:14-CV-047-SWW.
List all documents, pages, and depositions submitted below.
The City of Alexander Police Department personnel files of the following individuals:
John Calma
Erik Cathey
Nancy Cummings
Oscar DeLeon
Willie Jordan
Brett Lawrence
Michael Murray
Patrick Thompson
Horace Walters
Jeff Watson
Brad Williams

DATED: _________________ SIGNATURE: /s/ Amanda LaFever

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