Mensie v. Toyota Motor Credit Corporation
AGREED PROTECTIVE ORDER. Signed by Judge D. P. Marshall Jr. on 6/26/2017. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
MARIAN J. MENSIE, on behalf of herself
and on behalf of all others similarly situated
NO. 4: 17-cv-85-DPM
TOYOTA MOTOR CREDIT CORPORATION
AGREED PROTECTIVE ORDER
The parties to this case, through their respective counsel, agree that pursuant
to Rule 26(c) of the Federal Rules of Civil Procedure, they will protect the
confidentiality of certain information (including deposition testimony) and
documents (including documents stored in any electronic format).
agree that the confidentiality of this information and these documents shall be
preserved under the terms of this Protective Order.
It is agreed that material requested by or of any of the parties, and any
non-parties from which discovery may be sought, 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 its terms before being
given any of the information:
Counsel for plaintiff and counsel for defendant who are actively
engaged in the conduct of this litigation and their staff to the extent
reasonably necessary to render professional services in the litigation;
The parties to the litigation and their experts;
Witnesses providing sworn deposition testimony;
The Court and its staff; 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" by the party desiring the
document to be designated confidential.
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
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.
A party or non-party may designate as "CONFIDENTIAL" portions
of any deposition transcript wherein confidential information or materials
designated as "CONFIDENTIAL" are identified, discussed, or disclosed. Portions
of a deposition transcript so designated will be subject to the terms of this
Protective Order. The designation must be made by letter sent by facsimile or
electronic mail to opposing counsel within twenty-one (21) business days after
receipt of the transcript. Any confidentiality designation asserted on the record
during a deposition must be confirmed in writing within this same time period,
providing the specific pages of the transcript that are designated as
The portions of a deposition transcript that mention or
discuss materials designated as "CONFIDENTIAL" must be treated as
"CONFIDENTIAL" and therefore subject to this Protective Order until 5 :00 p.m.
Central Time on the twenty first (21st) business day after receipt of the transcript.
All portions of the deposition transcript not designated as "CONFIDENTIAL" by
5 :00 p.m. Central Time on the twenty first (21 st) business day after receipt of the
transcript are excluded from the protections of this Protective Order.
Designation of documents or information as Confidential Information
shall not be effective as to information obtained from the public domain or from
sources (other than the Producing Party) who were rightfully in possession of the
information and authorized to disclose it, regardless of whether such information is
also contained in material designated as Confidential Information by a Producing
Any Party may challenge the designation of Confidential Information.
A failure of a Party to challenge expressly a designation of Confidential
Information shall not constitute a waiver of the right to assert at any subsequent
time that the material designated does not constitute Confidential Information.
Any Party that disagrees with the designation of any information as Confidential
Information shall notify the opposing Party. The parties shall meet and confer
concerning the challenge to the confidentiality designation. Should the parties not
resolve the disagreement, the Parties shall have thirty (30) days after the close of
the meet and confer to submit a "Joint Report of Discovery Dispute" explaining the
disagreement to the Court. The burden of proving that the designation is proper
under Rule 26(c)(l)(G) shall be upon the designating Party.
information shall be treated as Confidential Information until the Court rules on the
discovery dispute. If a Joint Report of Discovery Dispute is not submitted to the
Court in accordance with this Paragraph, or if the Court finds the designation of
Confidential Information to have been inappropriate, the challenged designation
shall be considered rescinded. The Parties thereafter shall not be required to treat
the information as Confidential Information.
Any Party wishing to file any transcript, chart, brief, affidavit, motion
or other document containing or referring to Confidential material covered by this
Protective Order shall first attempt to redact the Confidential material from the
document and then file the redacted transcript, chart, brief, affidavit, motion,
and/or document with the Court. If redaction is impracticable, the Parties may file
the Confidential document under seal. Any such transcript, chart, brief, affidavit,
motion or other document will not be automatically sealed. Instead the filing Party
shall file under seal in accordance with applicable law, including the ECF Policies
and Procedures of this Court. The parties may agree subsequently to exclude any
information or documents produced by parties to this litigation from coverage
under this Protective Order and, upon motion of a party (with notice to the
producing party) or upon the Court's own motion, the Court may exclude any
information or documents from coverage under this Protective Order. Nothing in
this Protective Order shall restrict any use by a producing party of its own
confidential information or documents..
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 outside of this
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 producing party
and provide it with an opportunity to object before any disclosure is made.
Within sixty (60) 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 destroyed or returned, at the election of
the producing party, to the party or non-party that produced the documents.
Unless this Court orders otherwise, this Order shall remain in effect
for one year after this case ends by final disposition, including any appeals. This
Court retains jurisdiction to enforce this Order during that period. Thereafter, the
obligations in this Order shall be solely a matter of contract among the signatories.
IT IS SO ORDERED on this ).f.r/t... day of
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?