Whitley v. Baptist Health et al

Filing 102

AMENDED AGREED PROTECTIVE ORDER. Signed by Judge D. P. Marshall Jr. on 3/15/2019. (jak)

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
Brian Whitley, Individually, and on
Behalf of All Others Similarly Situated

PLAINTIFF

Case No. 4: 16-cv-00624 (DPM)

V.

Baptist Health; Baptist Health Hospitals: Diamond Risk
Insurance. LLC: Continental Casualty Company; Admiral
Insurance Company; Admiral Indemnity Company; Ironshore
Indemnity. Inc.; lronshore Specialty Insurance Company

DEFENDANTS

AMENDED AGREED PROTECTIVE ORDER
The purpose of this amendment is to extend the confidentiality protections and
obligations of the existing Agreed Protective Order (Dkt. # 55) to documents and information
obtained from any non-parties to this litigation, including non-party RevClaims, LLC.

The

parties to this case and all other non-party signatories to this Order agree to protect the
confidentiality of certain information (including deposition testimony) and documents (including
documents stored in electronic format) that may be discovered or offered into evidence at the
trial of this case. The pa1ties and signatories agree that the confidentiality of such information
and documents shall be preserved under the terms of this Protective Order:
1.

It is agreed that material provided by any of the parties or signatories. which they

deem confidential, shall be disclosed only to the following individual s. each of whom shall be
required to read this Protective Order and agree to abide by these terms before being given any
of the information:
a.

Counsel for plaintiff and counsel for defendants engaged in this litigation

and their respective staff, to the extent reasonably necessary;

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b.

The parties to the litigation, including their employees, employers and

c.

All witnesses, whether testifying in depositions, hearings, or at trial ;

d.

Court persom1el, any mediator involved in this action, and employees of

experts;

any such mediator; and
e.

Any other individuals included by order of the Comi.

Documents produced by the parties or signatories to which this Protective Order is applicable
shall be stamped "CONFIDENTIAL."
2.

The inadvertent production, without designation as confidentiaL of information or

a document intended to be designated as confidential shall not waive the producing entity' s right
to so designate such document or information. Any information or documentation that is
inadvertently produced without being designated as confidential shall be, upon written request of
the producing entity, treated as being designated as confidential under this Protective Order.
3.
deposition

A paiiy or non-party may designate as "CONFIDENTIAL'' portions of any
transcript

where

confidential

information

or

materials

designated

as

"CONFIDENTIAL" are identified, discussed, or disclosed.
4.

A party or non-party wi shing to challenge a "CONFIDENTIAL" designation must

first confer in good faith in person before bringing any discovery dispute to the Comi. Motions
to compel should not be filed. Motions to quash or for protective order should not be filed in
absence of an emergency . If the pmiies reach a discovery impasse, they should file a joint report
entitl ed '·Joint Report of Discovery Dispute," which should explain the disagreement.
report shall meet the requirements set forth in the Court's final scheduling order.

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This

5.

Subject to the Federal Rules of Evidence, any confidential infonnation or

documents may be offered in evidence at trial or any Court hearing. Any party may move the
Court to prevent unnecessary disclosure of confidential information and documents.
6.

If any document that has been designated "CONFIDENTIAL" needs to be filed

with the Court, if practicable, the party must redact the confidential information and file the
redacted version of the document on the public docket. Fed. R. Civ. P. 5.2.

If redaction is

impracticable, the parties must file a motion seeking permission to file under seal, explaining
their good faith efforts to redact, and providing good cause for sealing the document.
7.

The parties or non-parties may agree subsequently to exclude any information or

documents from coverage under this Protective Order and, upon motion of a party or upon the
Comi's own motion, the Court may exclude any information or documents from coverage under
this Protective Order. Nothing in these terms shall restrict any use by a producing party of its
own confidential information or documents.
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 Comito do so.
9.

The information and documentation covered under this Protective Order shall be

used only for purposes of this litigation. No individual shall disclose any of the documents or
information to any other individual, directly or indirectly, except as authorized by this Protective
Order. No individual shall use any of the information or documentation to the detriment of the
producing party or for any other business or financial benefit of the individual.
10.

In the event of a disclosure in violation of this Protective Order (whether

intentional or unintentional) , the disclosing party shall immediately notify the opposing party or

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non-paiiy of the disclosure and take immediate action to prevent further disclosure . In the event
either party is subpoenaed or otherwise required by legal process to disclose the information, it
shall immediately notify the opposing party or non-party and provide it with an opportunity to
object before any disclosure is made.
l l.

Within 90 days afier the conclusion of all aspects of the litigation of this case,

whether by settlement, final judgment or appeal , confidential documents and all copies in print
(other than exhibits of record) . on computer disc or in any type of electronic format shall be
returned to the party which produced the documents or, if agreed to by the parties. destroyed.
12.

For purposes of this agreed order. the term "CONFlD ENTlAL" shall mean a

trade secret or other confidential research. development, or commercial information.
13.

The Court retains jurisdiction to enforce this Order for one year after this case

ends, including any appeal. Thereafter, this Order will be so lely a matter of contract between the
parties and signatories.
IT IS SO ORDERED.

Hon. D.P . Marshall Jf.
United States District Judge

Date

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APPROVED:
Campbell & Grooms, PLLC
8500 West Markham, Suite 105
Little Rock, AR 72205
(50 I) 313-4967
By: /s/ Donald K . Campbell, III
Donald K. Campbell , HT
ARSC No. 84017
Kendel W. Grooms
ARSC No. 2009128

Robert L. Henry, ITT
James D. Robertson
Barber Law Firm PLLC
425 West Capitol Avenue, Suite 3400
Little Rock, AR 72201
[phone]
By: Isl Robert L. Henry, ITT

AttorneysjiJr the Baptist Defendants
and Defendant Diamond Risk
Insurance LLC

BAILEY & OLIVER LAW FIRM
3606 Southern Hills Boulevard
Rogers, AR 72758
( 4 79) 202-5200 Phone
[phone] Fax
By: Isl Sach D . Oliver
Sach D. Oliver, AR Bar No. 2006251
Frank H. Bailey, AR Bar No. 74004
T. Ryan Scott, AR Bar No. 200816 I
GeoffD. Hamby, AR Bar No. 2015171

David P. Glover
David Chan Jung
Wright, Lindsey & Jennings LLP
200 West Capitol Avenue, Suite 2300
Little Rock, AR 72201-3699
(5 01) 371-0808
By: Isl David P. Glover

Attorneys.for Defendant Continental
Casualty Company

HENINGER GARRISON DA VIS LLC
2224 First A venue North
Birmingham, Alabama 35203
205-326-3336 Phone
205-326-3332 Fax
By: Isl Jeffrey P. Leonard
W. Lewis Garrison Jr. (Ala.: ASB-3591N74W)
Erik S. Heninger (Ala.: ASB- 1189-K46H)
Jeffrey P . Leonard (Ala.: ASB -2573 -J67L)

Jeffrey W. Puryear
Ryan M. Wilson
Womack Phelps
Puryear Mayfield & McNeil, P.A.
301 W. Washington Ave .. 3rd Floor
Jonesboro, Arkansas 7240 I
[phone]
By: Isl Jeffrey W. Puryear

Attorneys/or RevClaims. LLC

Attorneysfor Plaint(ff

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