Scott v. Redus et al

Filing 33

AGREED PROTECTIVE ORDER. Signed by Judge James M. Moody on 4/13/11. (kpr)

FILED

u.s. DISTRICT COURT

EASTERN DISTRICT ARKANSAS

IN THE UMfEJ) STATES DISTRICf COURT FOR THE
EASTERN DISTRICf OF' ARKANSAS

PINE BLUFF DIVISION

APR 13 2011

JAM

By:~,..,..~s...tiiI...u:;~=-=-=-_

DEPCLERK

WALTER SCOlT, JR.

PLAINTIFF

v.

CASE NO. 5:1o..CV...{)138 JMM

MAYOR CARL A. REDUS, In His Official Capacity

As Mayor for the CIty of Pine Blair; CITY OF PINE

BLvnr,· A Manlcipal Corporation and Public Body

Corporate and PolitiC; BRENDA DA~ONES, 10 Ber

Oftlclal Capacity as ChlefofPoUee, Pine Blutt

Pol~ Department; JOHN HOWELL, In His Individual

And Otr'ldal Capacity as former Chief of Police, Pine

BlofT Pollee Department; AHMAD PACE, In His

Individual and Offidal Capacity as a Police Officer for the

City of Pine Bluff, Arkansas; PJ'S DISCO PRIVATE CLUB

DEFENDANTS

AGREED PROTECfIVE ORDER

Plaintiff has requested discovery of records contahting sensitivepersoo8J information. In

order to pennit Plaintiff adequate access to the records necessary to completely present this case
. herein, and, at the same time to address priVIW)' concerns, it is hereby ORDERED, ADJUDGED
and DECREED as follows:
l.
AInn~

Plaintiff has made discovery requests fur copies of the persoone] files upon

Pace (personal infonnatioD sucb as addresses and social security nwnbers win be

redacted). In addition, Plaintiff has requested aU complaints and internal affidrs docwnents

regarding Ahmad Pace. The parties have agreed that due to the private and sensitive nature of

these documents. a protective

oroer should be entered before these documents are provided to

Plaintiff.

1

2.

Any docwncnts produced in response to discovery requests as provided in

Paragraph I above shall be considered confidential;
3.

AU confidential records or other infonnation provided hereunder shall be

used for the purpose of this litigation and none of the confidential material may be used for any
other purpose whatsoever without a new request for the material. Moreover. neither Plaintift;

Defendants, or their counsel may utilize directly or indirectly the confidential records,

documents, or other information made available pursuant

to this Order in

any other

administrative complaint, proceeding, or civil action without a new request;
4.

All confidential

reco~

docwnents, tapes, or other infonnation provided

heceunder shall be retained in the custody of the Plaintitrs or Defendants' counsel including
their paralegal, sec:retarial staff. andlor other staff members. during the pendency of this
litigation. Plaintiff's and Defimdants' counsel may also provide copies of such confidential
records, documents or other information to any expert wimcss[es] retained by the Plaintiff or
Defendant or persons frequently employed by such expert(s] whose review of the material is
necessary for the Plaintiff's and Defendants· prosecution in 1his litigation;
5.

If .confidential documents or records are used during depositions, the

depositions shall be treated as confidential in accordance with this Order;
6.

Any

document.

information

or deposition

designated

as

confidential

under this Order shall. when filed with the Court, be clearly maIked confidential, scaled, placed
in separate, secure storage by the Clerk, and opened only by authorized Court personnel;
7.

Plaintiff. Defendants, their respective counsel and their staff and the retained

expert witnesslwitnesses shall not in any mumer. directly transfer confidential records.

2

documents or other information provided hereunder or copies thereof, or communicate. orally or
in writing, any ofthe data contained in said material to any person;

8.

Plaintifi's counsel, and Defendants' counsel promptly upon completion of this

litigation, or before if at such time they have no further use of the confidential infonnation.
whichever shall first occur, shall return to the Defendant and Plaintiff all materials produced, and

aU copies and extracts of data from such materials;
9.

This Protective Order shall govern all pre-trial proceedings. but shall be subject to

modification either before, during or aftec the trial on the merits, upon application of any of the
parties to this lawsuit and for good cause shown;
10.

The provisions of this Order shall not affect the admissibility ofevidence

at trial or any preliminary evidentiary proceeding in open court, except as directed by separate
Order oftbis Court; and
11.

This Order is without prejudice to the rights ofany party to make objections to the

discovery as permitted by the Arkansas Rules of Civil Procedure, or by any statute or other
authority.
IT IS SO ORDERED TIllS

\~ DAYOF~
norable Iames M. Moody
United States District Court

By:
yM.
Attorney

r

P.O. Box

North Little Rock, AR 72115

TELEPHONE: [phone]

FACS~:SOl-537-7267

BMAlL: tdemtis@.armI.org
3

,2011.

And

By:

w ~0'1().
°&QaJ
Willard Proctor. Jr.
Attomey ror Plaintiff

2100 Wolfe Street
Little Rock, AR 72202-6258
TELEPHONE: [phone]
FAJ(:501-325-4959
EMAD..: wprocto([e-mail]

And

By:

..,....-------­
M. Keith Wren and Associates
Attomey for John Howell
942) W. Marlcham St.• Suite B
Little Rock, ArlaInsas. 72205
Telephone No. 501-223-9736
Fax No. 501-228-8887

Email: [e-mail]
And

BY:-«

C-~~.

Taylor (rAJ C:~c..~J\.,
Attome)Sfor PI's Disco &; Night Club
Brockman. Norton &. Taylor

501 East Eighth Avenue
Post Office Box 8967
Pine Bluff, AR 71611-8967
Telephone: 87Q-S34-2SSt
FAX: [phone]

Email: bntlawfinn@gmai1.00m,

4

And

By:

_
Willard Proctor, Jr.
Attorney for Plaintiff
2100 Wolfe Street
Little Rock, AR 72202-6258
TELEPHONE: [phone]
FAX: 501·325-4959
EMAIL: [e-mail]

And

By:

m~

M. Keith Wren and Associates
Attorney for John Howell
9421 W. Markham St., Suite B
Little Rock, Arkansas, 72205
Telephone No. 501-223-9736
Fax No. 501-228-8887
Email: [e-mail]
And

By:

_
Zachary Taylor
Attorney for PJ's Disco & Night Club
Brockman, Norton & Taylor
501 East Eighth Avenue
Post Office Box 8967
Pine Bluff, AR 7161 1-8967
Telephone: [phone]
FAX: [phone]
Email: bntlawtirm(a).gmail.com

4