Hastings v. Rescue 1 Financial LLC

Filing 16

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

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
STAN HASTINGS, individually and on behalf of
other similarly situated

v.

PLAINTIFF

No. 4:21-cv-452-DPM

RESCUE 1 FINANCIAL LLC

DEFENDANT

PROTECTIVE ORDER
1.

information

"Confidential Information" shall mean any document or
believed

to

include

sensitive

confidential

business,

proprietary, or personal information that would not ordinarily be disclosed
publicly and which, if disclosed publicly, could cause prejudice, undue
burden, or harm to the personal, financial, or competitive position of the
person or entity from which the information was obtained. Confidential
Information includes documents, testimony, and information produced,
provided, or exchanged in the course of this action that any Party or thirdparty (individually and collectively, a "Producing Party," as the context
requires) designates "Confidential." A Producing Party will make such
"Confidential" designation only as to that information which the
Producing Party in good faith believes to be Confidential Information
entitled to protection under any applicable rule, statute, order, regulation,
or legal authority. However, this Order shall not apply to information that

is public knowledge.
2.

Material designated as "Confidential" pursuant to this Order,

the information contained in such material, and any summaries, copies,

abstracts, or other documents derived in whole or in part from material
designated as "Confidential" shall be used only for the purpose of the
prosecution, defense, or settlement of this action and for no other purpose.
3.

Nothing in this Order shall impose any restrictions on the use

or disclosure by a Party of material obtained by such Party independent of
litigation of this action, regardless of whether such material is also obtained
through discovery in this action.
4.

Material designated "Confidential" and produced pursuant to

this Order may be disclosed or made available only to the Court, counsel
for a party (including paralegal, clerical, and secretarial staff employed by
counsel), and "Qualified Persons." "Qualified Persons" shall mean:
(a) a Party, or an officer, director, or employee of a Party to
whom it is necessary that Confidential Information be shown to aid in the
prosecution, defense, or settlement of this action; and
(b) agents of, or persons retained by, any counsel of record for
any Party in this action for the purpose of assisting in the preparation of
this action for trial and to whom it is necessary that Confidential
Information be shown for that purpose;
(c) court reporters retained in this action;
(d)

a witness at any deposition or other proceeding in this

action; and
(f) any other person to whom the parties agree in writing.
5.

Depositions shall be taken only in the presence of Qualified

Persons.

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6.

If any materials designated "Confidential" are used in any

court proceeding in this action, such materials shall not lose their
confidential status through such use, and the Party using such materials
shall take all reasonable steps to maintain its confidentiality during such
use.
7.

This Order shall be without prejudice to the right of the parties:
(a) to bring before the Court at any time the question of

whether any particular document or information is confidential or whether
its use should be restricted; or
(b) to present a motion to the Court under Federal Rule of Civil
Procedure 26 for a separate protective order as to any particular document
or information, including restrictions differing from those as specified
herein. This Order shall not be deemed to prejudice the parties in any way
concerning future applications for a modification of this Order.
8.

No copies of Confidential Information shall be made except by

or on behalf of counsel of record in this action or recipients otherwise
authorized and bound by this Order. Any counsel or other persons bound
by this Order that make or cause to be made copies of Confidential
Information shall maintain all such copies within their possession or the
possession of others who are entitled to access such Confidential
Information.
9.

Nothing shall prevent disclosure of Confidential Information

beyond the terms of this Order if the Producing Party consents in writing
to such disclosure or upon Court Order after notice and a reasonable
opportunity to object has been afforded to all Parties.
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10.

The inadvertent or unintentional disclosure of Confidential

Information, or information subject to an evidentiary privilege or
immunity, shall not be deemed a waiver in whole or in part of a Producing
Party's claim of confidentiality, evidentiary privilege or immunity either as
to the specific information disclosed or as to any other information relating
thereto; provided, however, that the Producing Party must make the
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Confidential" designation or claim the privilege or immunity promptly

following discovery of the inadvertent or unintentional disclosure, but in
no event more than ten (10) days from the time of notification of the
disclosure to the Producing Party by any Party.
11.

Nothing in this Order shall require production of information,

documents, or materials that a Producing Party contends is protected from
disclosure by the attorney-client privilege, work product doctrine, or any
other privilege, doctrine, right, or immunity. If, in connection with this
action, a Party inadvertently or unintentionally discloses (the "Disclosing
Party") information, documents, or materials subject to a claim of attorney
client communication privilege, work product doctrine, or any other
privilege, doctrine, right, or immunity ("Disclosed Protected Information"),
the disclosure of the Disclosed Protected Information shall not constitute or
be deemed a waiver or forfeiture of any claim of privilege, work product
protection, or other privilege, doctrine, right, or immunity that the
Disclosing Party may otherwise be entitled to assert with respect to the
Disclosed Protected Information. Within ten (10) business days of
discovery of Disclosed Protected Information, a Disclosing Party may
assert in writing the attorney client privilege, work product doctrine, or
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other privilege, doctrine, right, or immunity recognized under applicable
laws that is being claimed with respect to Disclosed Protected Information
and, to the extent otherwise responsive, shall thereafter provide a privilege
log in lieu of the inadvertently produced material in a manner consistent
with the Federal Rules of Civil Procedure documenting same. Disclosed
Protected Information must be returned to the Disclosing Party or
destroyed immediately upon discovery and in no event later than five (5)
business days of receipt of written notification of the inadvertent or
unintentional disclosure. A receiving Party must provide the Disclosing
Party a certification of counsel of record that the Disclosed Protected
Information has been returned or destroyed.
12.

Should a Party share Disclosed Protected Information with any

person or entity before discovering or being notified of the Disclosed
Protected Information's inadvertent or unintentional production, the
receiving Party must take reasonable steps to retrieve such information.
Notwithstanding this paragraph, no Party or Qualified Person is required
to delete information that may reside on the respective Party or Qualified
Person's electronic back-up systems that are over-written in the normal
course of business, but hereby covenants that such information shall not be
retrieved or reviewed for any purpose, including in relation to this action
or the assertion of claims against any Party, person, or entity.
13.

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
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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.
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.
14.

Materials designated "Confidential" shall not be filed on the

public docket. If practicable, the Confidential Information in such materials
should be redacted. See Fed. R. Civ. P. 5.2. If an entire page contains
Confidential Information, substituting a page marked "Redacted" is an
acceptable redaction method. If redaction is impracticable, a Party must
move for permission to file any Confidential Information and a related
motion, brief, or paper containing the Confidential Information under seal.
The moving Party must justify the sealing with specifics, including an
explanation as to why redactions are impracticable.
15.

This Order shall remain in effect for one year after this case

ends, including any appeal. Thereafter, the obligations imposed shall
continue, but shall be solely a matter of contract between the Parties. Upon
termination of this case, the Parties shall return to the respective Producing
Party all Confidential Information or certify the destruction thereof.

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So Ordered.
D.P. Marshall Jr. "
United States District Judge

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AGREED:

Anthony I. Paronich
Paronich Law, P.C.
350 Lincoln Street
Suite 2400
Hingham, MA 02043
[e-mail]
Jason Michael Ryburn
Ryburn Law Firm
650 South Shackleford Road
Suite 231
Little Rock, AR 72211
[e-mail]

Attorneys for Plaintiff
and
Beth-Ann Ellenberg Krimsky
Greenspoon Marder, LLP
200 East Broward Boulevard
Suite 1800
Fort Lauderdale, FL 33301
[e-mail]
Kerrilee Elizabeth Kobbeman
Conner & Winters, LLP
4375 North Vantage Drive
Suite 405
Fayetteville, AR 72703
kkobbeman@cw law .com
Lawren A. Zann
Greenspoon Marder, LLP
200 East Broward Boulevard

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Suite 1800
Fort Lauderdale, FL 33301
[e-mail]

Attorneys for Defendant

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