Wall et al v. Bank of America NA
PROTECTIVE ORDER. Signed by Judge D. P. Marshall Jr. on 5/29/2015. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JORDAN WALL and
BANK OF AivIBRICA, N.A.
The parties agree to protect the confidentiality of certain information (including
deposition testimony) and documents (including documents in electronic format) that
may be discovered or offered into evidence at trial.
The Court orders as follows:
1.. Confidential Information. All documents, materials, or any other information
generated, produced, disclosed or exchanged during pre-trial discovery, whether by a
party or a non-pruty, including, but not limited to, the following categolies, shall be
refen-ed to as "Confidential Information":
A. Personal records relating to any current or former employees of
Bank of America, N.A.;
B. All financial documents (e.g., bank account records) relating to
Jordan Wall and Crystal Wall and any cun-ent or former employees of Bank of America;
C. The social security numbers of the Walls and any current or
former employees of Bank of America;
D. All non-public information or documents relating to Bank of
America's financial condition;
E. All screen shots taken from Bank of America's computer system;
F. All communications and correspondence between the Walls and
Bank of America;
G. All policies, procedures, or other documents addressing the
practices, policies, or procedures of Bank of America's operations; and
H. Any proprietary business info1mation, confidential business
information, or trade secrets.
2. Designation of Confidential Information. Documents shall be designated as
Confidential Information by stamping them with the word "CONFIDENTIAL" in a
manner that will not inte1fere with their legibility. This designation shall only be used
in a reasonable fashion and upon a good faith determination by counsel that a particular
document contains non-public infonnation and falls within one of the catego1ies
enumerated in Paragraph 1. This designation shall ordinarily be made before or at the
same time as the production or disclosure of the document.
described in Paragraph 1 shall be covered by this Protective Order, there shall be no
waiver of confidentiality if documents are inadvertently produced without being stamped
"CONFIDENTIAL". Documents already produced in discovery may be designated as
Confidential upon written notice within fourteen days of the entry of this Protective
Order, from the party asserting the confidentiality designation to all counsel of record to
whom such documents have been produced. The parties reserve the light to mark any
document as "CONFIDENTIAL" if it is determined at a later date that the document
should have been so designated.
3. Treatment of Confidential Infonnation. Unless otherwise ordered by the
Court, Confidential Information, and any resulting quotes, summaries, charts, or notes
shall be held in confidence and used by the parties to whom the documents and
information are produced only for this case. The parties agree to take reasonable steps
to maintain the confidentiality of the documents, information, and testimony. During
litigation, Confidential Infonnation, including all copies, shall be retained solely in the
custody of the parties' attorneys and shall not be placed in the possession of, or disclosed
to, any other person, except as authorized in this Protective Order, as otherwise agreed
upon by the parties, or upon leave of the Cowt. The Court orders that persons to
whom Confidential Inf01mation is disclosed are prohibited from exploiting in any way
these documents or this infoimation for his, her, or its own benefit, or from using this
information for any purpose, or in any manner, not coruiected with the prosecution or
defense of this case. This agreement shall not be construed in a manner that waives or
abrogates any party's ability to demand retum of any privileged materials or items
protected by the work~product doctrine.
4. "Disclosure". In this Protective Order, ''disclosure" or to "disclose'' shall
mean to divulge, reveal, describe, summarize, paraphrase, quote, transmit, or otherwise
communicate Confidential Infonnation.
5. Permissible Disclosure of Confidential Infonnation. Except by order of this
Court, or otherwise as required by law, documents marked "Confidential" (and any notes
or documents that reflect or refer to these documents and this information) shall not be
disclosed to any person other than:
A. The parties;
B. Counsel for a party, or counsel's employee, to whom it is
necessary that the materials be shown or the information known for purposes of this
C. Any employee or agent of a party to whom the confidential
documents are shown for the purpose of working directly on or testifying in connection
with this litigation at the request of or at the direction of counsel;
D. A person retained to assist in this action, such as an investigator,
independent accountant, or other technical expert or consultant, who has signed an
acknowledgement (Exhibit A), which shall be kept by the retaining party;
E. This Court (or its employees or agents) pursuant to a comt filing
in connection with this action:
· F. Any person(s) designated by the Court in the interest of justice;
G. Members of the jury at a public trial of this matter, subject to the
requirements of Paragraph 11; or
H. A person who is deposed or who testifies at the hearing in this
matter who has signed an acknowledgment (Exhibit A), which shall be kept by the
6. Deposition Transcripts.
Deposition testimony and deposition exhibits
containing Confidential Information shall be covered by this Protective Order. During
a deposition taken in this matter, any party may, on the record, designate as
"CONFIDENTIAL" portions of the deposition testimony or deposition exhibits.
Alternatively, a party may, by written notice to opposing counsel and the colllt reporter
not later than fourteen business days after receipt of the deposition transcript, designate
as "CONFIDENTIAL,, any portions of the deposition testimony or deposition exhibits.
Until expiration of the above fourteen day period, all deposition transcripts will. be
treated as "Confidential Information" unless otherwise agreed to in writing by the
7. Objections to Confidential Designation. If any party contests the confidential
designation, then the party shall object in writing within fourteen days. If the parties
are unable to reach an agreement regarding the designation, then the parties shall file a
joint repo1t pursuant to the CoUlt's scheduling Order.
The party asserting the
confidentiality designation shall have the burden of establishing that the designation is
Until this Court enters an Order changing the designation of these documents
or this infonnation, they shall continue to be protected as provided by this Order.
Should the Court rule in favor of the party objecting to the confidentiality designation,
the party asserting the designation shall produce a clean copy of the document(s).
8. Disclosing Confidential Infonnation. If any paity wishes to disclose any
Confidential Information beyond the terms of Paragraph 5 of this Order, that party shall
provide all other parties with reasonable notice in wiiting of the request to disclose the
materials, unless otherwise required by law.
If the parties cannot resolve their
disagreement with respect to the disclosure of any Confidential Inf01mation, then the
parties shall file a joint repo1t pursuant to the CoUit' s scheduling Order. The party
asserting the confidentiality designation shall have the burden of establishing that the
designation is proper. This disputed Confidential Information shall remain confidential
as stipulated by this Protective Order until this Court rules on the joint report.
9. Pleadings and Other Court Submissions. If a party intends to submit to the
Court any document containing Confidential Information not relevant to the subject
matter at issue and that can be redacted from the filing,
the party shall file the
document with the Confidential Information redacted, so long as the party obtains prior
written approval from the party that designated the information Confidential. If the
parties are unable to reach an agreement about the redaction of Confidential Information
contained in a document, motion, brief, or other paper to be filed as part of the public
record, or if the Confidential Infonnation is relevant to the subject matter at issue, then
the entire document containing the Confidential Information may not be filed and the
party seeking to file the document shall seek leave of the Court to file the entire
document under seal. If the Court permits the filing of documents under seal, no party
shall file with the Court any motion, brief, or other paper containing or otherwise
exhibiting these documents or any portion thereof unless the confidential documents are
filed in sealed envelopes or other appropriately sealed containers on which shall be
endorsed the caption in this action, the case number, the title of the motion, brief, or
other paper to which the submitted Confidential Information pertains, an indication of
the nature of the contents of such sealed container, the words "RESTRICTED
-------," and a statement in substantially the following form:
envelope contains documents that are filed in this case
by [name of party]. It is not to be opened nor the contents
thereof to be displayed or revealed except by Order of the
Court or by stipulation of the parties."
If the Court permits a document to be filed under seal, then the party filing the
document must also place a redacted copy of the confidential document in the public
file. Any parly or member of the public may challenge the filing of material under
seal. In the event such a challenge is made, the
asserting the confidentiality
designation shall have the burden of establfshing that the designation is proper.
10. Document Retention. After the conclusion of this matter (including
the expiration of all appeals), all originals and reproductions (including, but not limited
to, electronically stored copies) of the confidential documents shall, upon written request
of any party, be returned to the requesting party within thirty days of the request or be
destroyed. If destroyed, then counsel for the paity destroying the documents shall
certify in writing to the requesting pa1ty within thirty days that the destruction has taken
place. This Order shall continue to be binding throughout and after the conclusion of
this case, including all appeals, except as set forth in Paragraph 11. At the conclusion of
all appeals, or when the time for all appeals has expired without an appeal having been
taken, this Order shall remain in effect solely as a contract between the parties. No
document marked as confidential shall be used by the opposing party in subsequent
11. Admissibility. Nothing in this Order shall be construed as limiting
either party from producing or introducing any document into evidence at a public
Subject to the Rules of Evidence, confidential documents and other
confidential infonnation may be offered in evidence at trial or any court hearing. Any
move the Court for an Order that the evidence be received in camera or under
other conditions to prevent unnecessary disclosure of any Confidential Information.
The Court will then determine whether the proffered evidence should continue to be
treated as confidential infonnation and, if so, what protection, if any, may be afforded to
such infonnation at the trial or hearing.
12. Scope of Discovery. Nothing in this Protective Order shall preclude
any party from opposing production of any documents or information, or from seeking
further or different relief, should future pretrial activities indicate a need.
13. Attorney/Client Communications. Nothing in this Protective Order
shall bar or otherwise restrict any attorney from rendering advice to his or her client with
respect to this case or from doing anything necessary to prosecute or defend this case
and further the interests of his or her client; provided, however, that the attorney shall
not disclose any material designated for protection, where such disclosure would be
contrary to the terms of this Protective Order.
14. Court Authority. Nothing in this Protective Order shall apply to,
bind, or limit the Court or its employees in the performance of their duties.
shall retain final and complete authority to re-designate any document previously
designated as ~'Confidential'' as a public document.
D.P. Marshall Jr.
United States District Judge
David Slade, Esq. (Bar No.: 2013143)
Hank Bates, Esq. (Bar No.: 98063
CARNEY BATES & PULLIAM, PLLC
11311 Arcade Drive, Suite 200
Little Rock, Arkansas 72212
Atto111eys for Jordan and Crystal Wall
Judy Simmons Henry (84069)
WRIGHT> LINDSEY & JENNINGS LLP
200 West Capitol Avenue, Suite 2300
Little Rock, Arkansas 72201-3699
Agreement Concerning Material Covered By a Protective Order entered by the
United States District Court, Eastern District of Arkansas on _ _ _ _ _ _, 2015.
The undersigned acknowledges that he or she has read the Protective Order
entered in the United States District Court, Eastern Distdct of Arkansas on
_ _ _ _ _ _; 2015, in Jordm1 Wall mid Crystal Wall v. Bank of Ame1ica, N.A.,
Case No. 4:14-cv-00343-DPM; that he or she·understands the terms; and that he or she
agrees to be bound by the terms.
By: - - - - - - - - - - - - - - - [ s i g n a t u r e ]
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