Greenlaw v. B & M Management Companyof Alabama LLC

Filing 42

PROTECTIVE ORDER. Signed by Chief Judge D. P. Marshall Jr. on 11/17/2021. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
DIETRICK GREENLAW, Individually and
on Behalf of All Others Similarly Situated
v.

PLAINTIFF

No. 4:20-cv-1286-DPM

B & M MANAGEMENT COMPANY OF
ALABAMA, LLC

DEFENDANT

PROTECTIVE ORDER

To protect confidential information ("Confidential Information") of
the parties sought or used in informal exchanges, discovery, motions, or trial
in this action (the "Proceeding"), Plaintiff and Defendant have agreed to the
terms of and, subject to approval of the Court, to the entry of this Agreed
Protective Order (the "Protective Order") under the Federal Rules of Civil
Procedure (individually, "Rule", or collectively "Rules").
1.

As used in this Protective Order:
(a) "Parties" shall refer to the Plaintiff and Defendant in this
Proceeding.
(b) The term "discovery material" shall include:
1.

The records of depositions and transcripts created, or
portions thereof, in this Proceeding under Rules 27, 30, 31
and 32;

11.

The testimony, or portions thereof, given by any party or
non-party upon any deposition in this Proceeding;

111.

Documents and things within the scope set forth in Rule
34 and produced by any party or non-party in this
Proceeding;

1v.

Answers to interrogatories under Rule 33, requests for
production under Rule 34, or requests for admission under
Rule 36 in this Proceeding; and

v.

Records and documents produced by any party or nonparty without formal discovery processes.

(c)

"Confidential Material" shall refer to any discovery

material, or any portion thereof, which contains information that
either party considers confidential, proprietary, or competitively
sensitive, including but not limited to medical information,
financial

information,

accounting

information,

business

planning or development information, customer information,
personal employee information,
competitive

information,

commercial information,

research

or

any

information

designated by a party as Confidential Material as provided
herein.
2.

Any party or non-party producing or receiving any discovery

material may designate all or any portion or portions thereof as Confidential
Material. A designation of confidentiality made pursuant to the terms of this
Protective Order shall signify that such designated material has been

reviewed by the party or non-party making the designation, and that such
designation is based upon a good faith analysis of the confidentiality of any
such designated material.
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3.

The designation of Confidential Material may be made by:
(a)placing or affixing thereon, in such a manner as will not
interfere

with the

legibility

thereof,

the

designation

"CONFIDENTIAL", or

(b)in the case of oral discovery material, by either:
1.

stating orally on the record of a deposition that certain
information or exhibits are Confidential, or

11.

sending written notice designating such material as
Confidential within thirty (30) days of receipt of the
deposition transcript. Prior to expiration of those thirty
(30) days, or until it is otherwise designated, whichever
comes first, all such discovery material shall be deemed
Confidential.

4.

Any discovery material with a cover page containing notice of a

Confidential designation, and the information contained therein, shall be
deemed Confidential Material in its entirety unless the party designating the
material as Confidential indicates that only a portion is to be covered by the
notice of confidentiality.
5.

Unless and until otherwise ordered by the Court, discovery

materials designated as Confidential and the contents thereof may be
disclosed only as follows:
(a)Confidential Material and the contents thereof may be
disclosed to counsel for named Parties and persons regularly
employed in the office of such counsel.

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(b)Confidential Material and the contents thereof may be
disclosed to witnesses for named Parties.
(c) Confidential Material and the contents thereof may be
disclosed to Parties and their officers, directors, or employees
who are assisting in the evaluation, prosecution or defense of
this Proceeding.
(d)Disclosure may also be made to court personnel, subject to the
terms and provisions of this Protective Order and Paragraph
8 herein.
6.

If a non-party produces documents that are not designated as

Confidential, such documents shall still be considered as Confidential under
this Protective Order for at least seven (7) days from the time that each party
to this action has received such documents. If at the end of such period, one
of the Parties believes that the documents should be permanently designated
as Confidential, that person should first notify the producing party that the
documents should be so designated.
7.

A party or any other person objecting to the designation of

Confidential Information shall provide written notice of the objection to the
designating party, specifying the materials that are the subject of the
objection. Within thirty days after such objection, the parties and any other
objecting person or persons shall confer in good faith, and in person, to
resolve the objections. If the parties reach an impasse, they must file a joint
report explaining the disagreement. The parties will file this paper under
the CM/ECF event called "Joint Report of Discovery Dispute". The joint
report must not exceed ten pages, excluding the style and signature block.
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Each side gets five pages. The joint report must be filed sufficiently before
the discovery cutoff so that the dispute can be resolved without
undermining pretrial deadlines. The parties will alert the law clerk on the
case to the joint report's filing. The parties will not proceed until the Court
issues a ruling or schedules a hearing.
8.

All Confidential Material and its contents shall be used and/ or

disclosed solely for the purpose of the direct prosecution or defense of this
Proceeding and for no other purpose whatsoever. No party to this action,
nor any director, officer, employee, agent or attorney for any party, shall use
or permit to be used any Confidential Material or the contents thereof for
any business, commercial or other purpose whatsoever.

9.

The parties must comply with Rule 5.2' s mandate for redaction

if practicable before any filing under seal.

If an entire page contains

information designated as "Confidential," substituting a page marked
"Redacted" is an acceptable redaction method. If redaction is impracticable,
a party must move for permission to file any information designated as
"Confidential" and a related motion, brief, or paper, containing that material
under seal. The moving party must justify sealing document by document,
with specifics and solid reasons, including an explanation about why
redaction cannot be done.
10.

If, during trial, either party intends to introduce into evidence

any specific information designated as Confidential, the offering party shall
give specific notice of that intention to the Court and opposing counsel at
least twenty-four (24) hours prior to the trial date set in this matter, and the
Court may take such steps as it shall deem reasonably necessary to preserve
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the confidentiality of such information. In no event shall a party be allowed
to introduce Confidential evidence at the trial of this matter that has not been
disclosed to the Court and opposing counsel prior to the twenty-four hour
deadline.
11.

Within thirty (30) days after the settlement or entry of final

judgment or order in this Proceeding from which no appeal has been or can
be taken, all Confidential Material and all copies thereof shall be destroyed
or returned to the party or non-party producing or providing the same, and
each of the Parties shall separately certify in writing that each has returned
all the Confidential Material. Each of the Parties shall also, at their own
expense, have their experts destroy all copies of Confidential Materials.
12.

Review of Confidential Material and information by any person

authorized under this Protective Order shall not waive the confidentiality of
the documents or objections to production. The inadvertent, unintentionat
or in camera disclosure of Confidential Material shall not, under any
circumstances, be deemed a waiver, in whole or in part, of any party's claims
of confidentiality or privilege.
13.

Nothing contained in this Protective Order and no action taken

pursuant to it shall prejudice the right of any party to contest the alleged
relevancy, admissibility, or discoverability of the Confidential Material
sought.
14.

If any person covered by this Protective Order is subpoenaed or

served with a document demand in another legal action or proceeding and
such subpoena or document demand seeks information which has been
designated in the litigation as Confidential pursuant to the terms of this
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Protective Order, that person shall (i) give prompt written notice within
forty-eight (48) hours after the receipt of such subpoena or document
demand, to the party or non-party, or their counsel, who produced or
designated the information as Confidential; and (ii) object to the production
of such information on the ground that such information is subject to the
terms of this Protective Order. The burden of opposing the enforcement of
the subpoena or document demand shall fall upon the party or non-party
who designated the information as Confidential. Unless the party or nonparty who designated the information as Confidential obtains an order
directing that the subpoena or document demand not be complied with, and
serves such order upon the person who received the subpoena or document
demand, the party or non-party who received the subpoena or document
demand shall be permitted to produce information in response to the
subpoena or document demand on the response date for the subpoena or
document demand; provided, however, that the party or non-party who
received the subpoena or document demand shall not produce information
in response to the subpoena or document demand before its response date.
Compliance by any party or non-party with an order from another court or
tribunal directing production of information designated in this Proceeding
as Confidential pursuant to the terms of this Protective Order shall not
constitute a violation of this Protective Order.
15.

This Protective Order shall remain in full force and effect, unless

modified by order of the Court or by joint or agreed motion of the Parties,
until one year after this litigation ends. This Protective Order is binding on

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all Parties and their affiliates, parent corporations, attorneys, agents, experts,
consultants, employees, representatives, successors and assigns.
16.

The Parties have authorized their respective counsel of record to

execute this Protective Order on their behalf, and the Parties and their
respective counsel agree to be bound by the terms of this Protective Order.
17.

By their signature below, counsel for the Parties represent that

they have explained the terms of this Protective Order to their respective
clients and that they, their employees and agents, and the Parties, agree to
be bound by the terms of this Protective Order.
So Ordered.
D.P. Marshall Jr.
United States District Judge

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AGREED:

Joshua Sanford
Ark. BarNo.2001037
Colby Qualls
Ark. Bar No. 2019246
SANFORD LAW FIRM, PLLC
Kirkpatrick Plaza, Suite 510
10800 Financial Centre Parkway
Little Rock, AR 72211
501-221-0088
[e-mail]
[e-mail]

Attorneys for Plaintiff
David P. Martin
Ark. Bar No. 92241
Nancy A. Smith
Ark. BarNo.2020212
ROSE LAW FIRM,
a Professional Association
120 East Fourth Street
Little Rock, Arkansas 72201
[phone] I Main
[phone] I Facsimile
[e-mail]
[e-mail]

Attorneys for Defendant

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