Whitley v. Baptist Health et al
AGREED PROTECTIVE ORDER. Signed by Judge D. P. Marshall Jr. on 8/15/2017. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
Brian Whitley, Individually, and on
Behalf of All Others Similarly Situated
Case No. 4:16·cv·00624·DPM
Baptist Health; Baptist Health Hospitals; Diamond Risk
Insurance, LLC; Continental Casualty Company; Admiral
Insurance Company; Admiral Indemnity Company; Ironshore
Indemnity, Inc.; Ironshore Specialty Insurance Company
AGREED PROTECTIVE ORDER
The parties to this case 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 parties agree that the confidentiality of such information and
documents shall be preserved under the terms of this Protective Order:
It is agreed that material requested by any of the parties, which they
deem confidential, shall be disclosed only to the following individuals, 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:
Counsel for plaintiff and counsel for defendants engaged in this
litigation and to their respective staff, to the extent reasonably necessary;
The parties to the litigation, including their employees,
employers and experts;
All witnesses, whether testifying in depositions, hearings, or at
Court personnel, any mediator involved m this action, and
employees of any such mediator; and
Any other individuals included by order of the Court.
Documents produced by the parties to which this Protective Order is applicable
shall be stamped "CONFIDENTIAL."
The inadvertent production, without designation as confidential, of
information or a document intended to be designated as confidential shall not waive
the producing party'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 party,
treated as being designated as confidential under this Protective Order.
A party may designate as "CONFIDENTIAL" portions of any
deposition transcript where confidential information or materials designated as
"CONFIDENTIAL" are identified, discussed, or disclosed.
A party wishing to challenge a "CONFIDENTIAL" designation must
first confer in good faith in person before bringing any discovery dispute to the
Court. Motions for compel should not be filed. Motions to quash or for protective
order should not be filed in absence of an emergency. If the parties reach a discovery
impasse, they should file a joint report entitled "Joint Report of Discovery Dispute,"
which should explain the disagreement. This report shall meet the requirements set
forth in the Court's final scheduling order.
Subject to the Federal Rules of Evidence, any confidential information
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
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.
The 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 Court'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
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.
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,
15 12082-v l
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.
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 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
and provide it with an opportunity to object before any disclosure is made.
Within 90 days after 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.
For purposes of this agreed order, the term "CONFIDENTIAL" shall
mean a trade secret or other confidential research, development, or commercial
The Court retains jurisdiction to enforce this Order for one year after
this case ends, including any appeal. Thereafter, this Order will be solely a matter
of contract between the parties and signatories.
IT IS SO ORDERED.
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