Dawson v. H & H Electric Inc

Filing 27

DOCUMENT FILED IN ERROR - DISREGARD (wrong case). (jak) (Docket text modified on 7/20/2015.) (thd).

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
JENNIFER E. WILCOX
V.

PLAINTIFF
CASE NO . 4:14-CV-00593-JLH

OZARK HEALTH MEDICAL CE NTER, INC.

DEFENDANT

AGREED PROTECTIVE ORDER
The parties to this case, through their respective counsel, agree to protect the
confidentiality of certain information and documents which may be discovered or
offered into evidence at the trial of this case . The parties agree that the
confidentiality of such information and documents shall be preserved under the
terms of this Protective Order as stated herein:
1.

Any party or person/entity other than a party being asked to produce

documents or information considered by that party or person to be confidential may
designate it as confidential when such person in good faith believes it contains
sensitive personal information, confidential, non-public or other proprietary
information.
2.

All documents produced under this Order designated as confidential

and the information contained therein shall be used only for the purpose of the
prosecution, defense, or settlement of this action and for no other purpose. Any
financial or other sensitive or confidential information may be redacted from
documents produced under the terms of this Order.

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3.

Confidential documents shall be so designated by stamping copies of

the documents produced with the legend "CONFIDENTIAL" or "CONFIDENTIAL
SUBJECT TO PROTECTIVE ORDER" or similar language to identify the
documents as being subject to this Order. The designation on the cover of any
multi-page documents shall designate all pages of the document as confidential
unless otherwise noted.
4.

Confidential material pursuant to this Order may be disclosed or made

available to the Court, to counsel for a party (including the paralegal, clerical and
secretarial staff employed by such counsel), and, to the "qualified" persons
designated below:
(a)

Experts or consultants (together with their clerical staff)
retained by such counsel to assist in the prosecution, defense or
settlement of this action;

(b)

Court reporters employed in this action;

(c)

To a witness at a deposition or other proceeding in this action
with the express understanding that any portions of that
testimony describing or otherwise addressing Confidential
information will be maintained as Confidential as well; and

(d)

Any other person to whom the parties, in writing, agree or as
directed by the Court by specific order.

5.

The inadvertent production, without designation as confidential, of

information or a document intended to be designated or that should have been
designated as being confidential shall not waive the right to so designate such
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document or information. Any information or documentation that is inadvertently
not designated as being confidential when produced shall be, upon written request
of the producing party, thereafter treated as being designated as confidential under
this Protective Order.
6.

This Order is entered solely for the purpose of expediting and

facilitating the exchange of documents and information between the parties in this
action without additional involvement by the Court unnecessarily in this process.
· Nothing in this Order or the production of any information or document under the
terms of this Order or any proceedings pursuant to this Order shall be deemed of
the effect of an admission or waiver by either party or of allowing the confidentiality
or non ·confidentiality of any such document or information or altering any
obligation of any party in the absence thereof.
7.

A party who wishes to challenge the "CONFIDENTIAL" designation

made by the producing party of any materials must first attempt in good faith to
confer with lawyers for the producing party in an effort to resolve the issue
amicably. If agreement cannot be reached, the challenging party may file a motion
asking the Court to remove the designation. The motion should describe with
specificity the particular materials for which the designation is being challenged
and set forth with specificity the particular materials that are not properly
designated as "CONFIDENTIAL." Materials designated as "CONFIDENTIAL" will
continue to be treated as such and subject to the provisions of this Protective Order
pending determination by the Court of the merits of any such challenge.

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8.

No lawyer for a party may comment in the presence of the jury on the

reasons or motivation for designating materials as "CONFIDENTIAL" without first
having obtained permission from the Court to do so.

9.

This Order shall survive the final termination of this action to the

extent that the Court does not lift or otherwise limit the application of this Order.
Upon termination of this case, counsel in possession of CONFIDENTIAL materials
shall ensure their continued confidentiality unless and until those documents are

U.S. DI TRICT JUDGE J. LEON HOLMES

APPROVED AS TO FORM:
WRIGHT, LINDSEY & JENNINGS LLP
200 West Capitol Avenue, Suite 2300
Little Rock, Arkansas 72201-3699
By: Isl Regina A. Young
Regina A. Young (96161)
Attorneys for Defendant

MCPHERSON LAW FIRM, PLLC
1719 South Broadway
Little Rock, Arkansas 72206
By: Isl KvleMavton
Kyle Mayton (2011283)
James McPherson (2011038)

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