Sanders v. Hobbs et al

Filing 64

AGREED PROTECTIVE ORDER filed at the Direction of the Court on 07/30/2012 see 63 (kcs)

Case 5:10-cv-00251-BSM-JTR Document 60-1 Filed 07/26/12 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
COREY BRIAN SANDERS, ADC # 113737

v.

PLAINTIFF

NO. 5:10-CV-251 BSM/JTR

RAY HOBBS, JOE PAGE, III, ET AL.

DEFENDANTS

AGREED PROTECTIVE ORDER

The parties by and through John D. Davison and Michael A. Thompson for Plaintiff and
Attorney General Dustin McDaniel and Assistant Attorney General Hester I. Criswell for
Arkansas Department of Correction (ADC) Defendant Joe Page Ill, jointly request this Court
issue a protective order in accordance with Rule 26(c) of the Federal Rules of Civil Procedure.
1.

Definition ofTenns. "Counsel" or "attorney" means counsel of record for any of

the parties to this action, and their respective support staff, including secretarial and other
assistants to whom it is necessary to disclose protected material for the purpose of this action
2.

In the course of discovery, Plaintiff has requested to take the deposition of

defendant Joe Page, II, which the pat1ies have agreed to and is scheduled for July 31, 2012.
3.

The parties anticipate that during the course of the deposition, plaintiffs attorney

will question defendant regarding confidential witness, their statements, the content of the
investigation and other matter, all of which is confidential infonnation, which defendants believe
should not be released to inmates because the release not only would be prohibited contraband
for the prisoner to possess, but also would be a threat to the security and good order of the
institution.
4.

Plaintiff is an inmate serving a life sentence without the possibility of parole in

currently confined at the Maximum Security Unit of Arkansas Department of Correction (ADC).

Case 5:10-cv-00251-BSM-JTR Document 60-1 Filed 07/26/12 Page 2 of 4

5.

In order to resolve the issue of confidentiality during the completion of

discovery, defendants has requested and plaintiff, though legal counsel has agreed to enter a
protective order prohibiting release of the transcript of the deposition of defendant to plaintiff, as
more specifically provided herein below.
6.

Plaintiff has also served requests for discovery to defendant requesting certain

records from Arkansas Department of Correction, including confidential documents concerning
the evidence and written documents submitted during the investigation of Plaintiff for violation
of prison rules and the ADC disciplinary hearing proceedings.
7.

Because the requested documents contain confidential information, Defendants

have requested that a protective order be entered into between the parties.
8.

Plaintiff has agreed to Defendant request that a protective order be filed.

9.

The parties agree that the information concerning other inmates, staff

investigations concerning inmates conduct, internal ADC investigations ( including, but not
limited to all Internal Affairs Investigations) and civilians contacted during the investigation, if
any, including contents of their institutional file, will be held in confidence by counsel for
Plaintiff and will not be used for any purpose other than preparing and presenting their case to
the U.S. District Court. Further, such inf01mation and documents shall not be disclosed to the

inmate plaintiff, provided, however, that this provision shall not apply to the incidental
disclosure to plaintiff during the course of the arguments, evidence, or testimony presented at the
trial of this matter. If any party desires protection against the incidental disclosure of such
information or documents during the course of the trial of this matter, he may request additional
relief through a subsequently filed, written motion to the Court.

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Case 5:10-cv-00251-BSM-JTR Document 60-1 Filed 07/26/12 Page 3 of 4

10.

Plaintiff counsel has agreed to this protective order, and further agreed that any

information gained, any records that are disclosed, and an documents photocopied from the
records by or for counsel for Plaintiff as described herein may be used only in connection with
preparing and presenting Plaintiffs case to the District Court; and that, except as provided in
Paragraphs 11 and 13, any documents obtained by Plaintiffs counsel shall remain in the custody
of Plaintiffs attorney.
11.

Neither Plaintiff nor anyone acting for or on Plaintiffs behalf shall in any

manner, directly or indirectly, transfer or communicated any of the information or data obtained
to any person not a party to this litigation other than for proper purposes directly related to the
trial of this action.
12.

At the conclusion of this litigation, all of the documents furnished to counsel for

Plaintiff shall be destroyed or returned to Defendant's counsel, and neither plaintiff nor his
counsel will retain any copies.
13.

Plaintiff and Defendant agree that if records containing the confidential

information identified in Paragraph 9 are used in any motion, trial exhibits or are otherwise filed
with the District Court, said records will be filed "under seal." However, apart from the
requirement that these records be filed "under seal", nothing herein shall be construed to affect in

any manner the use or admissibility at trial or any other court proceeding of any document,
testimony, or other evidence.

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Case 5:10-cv-00251-BSM-JTR Document 60-1 Filed 07/26/12 Page 4 of 4

323 Center Street, Suite 200
Little Rock, .Arlcansas 72201
Phone: (SOi) 682-5312
Fax: [phone]
[e-mail]
Attorneys for ADC Defendants

~BY:
~ ......

JOhllD£aVisEmail: [e-mail]
Michael A. Thompson
Email: mthompson@wlj .com
Wright, Lindsey & Jennings LLP
200 West Capitol Avenue, Suite 2300
Little Rock, AR 72201-3699
Phone: [phone]
Attorneys for Plaintiff

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