Polite v. Child Development Inc

Filing 39

PROTECTIVE ORDER Pursuant to Stipulation and Agreement re confidential information. Signed by Judge Susan Webber Wright on 4/5/12. (vjt)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
MS. TERESA POLITE
v.

PLAINTIFF
NO.: 5:11-CV-0252 SWW

CHILD DEVELOPMENT INC.

DEFENDANT

PROTECTIVE ORDER PURSUANT TO STIPULATION AND AGREEMENT
On this 5th day of April, 2012, the Court reviewed the pleadings regarding a Protective
Order in this case, and makes the following Orders:
1.

Confidential Information, as later defined herein, and produced by either party or

pursuant to a release for medical or employment records in this action, shall be used only for
the purpose of this litigation and for no other purpose whatsoever, and shall not be given,
shown, made available, or communicated in any way to anyone except Qualified Persons, as
herein defined.
2.

Confidential Information shall be deemed to include, without limitation:
a)

Personnel records of current and former non-party employees, medical
records and reports of current and former non-party employees, financial
records, Company policies, Company financial information, proprietary
information, customer information, account information, trade secrets,
operational methods and other matters now requested or hereinafter
requested by the parties or relating to the operation and organization of
Defendant and such other information as may be deemed by this Court to
be relevant or material herein.

b)

Plaintiff’s medical and tax records, and other private documents and
information requested by Defendant as may be deemed by the Court to
be relevant or material herein.

1

c)

Any information concerning such as set forth in 2(a) and 2(b) herein
above as may be, from time to time, produced by the parties herein or
third parties and designated by the party at the time of production to be
"Confidential Information" and subject to this Order. Such designation is
to be made by marking the documents “CONFIDENTIAL.” Any document
so marked shall not be disclosed to any person except as may be
permitted by this Protective Order. The designation of any document as
“CONFIDENTIAL” will be made in good faith.

3.

In the event that personal, confidential, or proprietary information is disclosed in

response to an interrogatory, the answering party may designate the response as confidential
information

by

conspicuously

stamping

the

interrogatory

answer

with

the

word

“CONFIDENTIAL.” The parties may also designate deposition testimony that reveals personal
or confidential information as confidential by advising all persons present that the party believes
that the portion of the deposition in question falls under the scope of this Protective Order.
4.

The parties will redact Social Security numbers from any documents produced in

the course of this litigation. However, they reserve the right to file a motion to produce with the
Court should same become relevant to this litigation. The parties agree that they shall exercise
reasonable care not to disclose Social Security numbers or home addresses by placing them in
the public record of this case.
5.

Except with the prior written consent of the party or pursuant to further Order of

this Court on motion with notice to the party, no Confidential Information may be disclosed to
any person other than "Qualified Persons" who shall be defined to include:
a)

the parties;

b)

any current or future counsel of record for the parties in this action;
secretaries, paraprofessional assistants, and other employees of such

2

counsel who would be actively engaged in assisting counsel in
connection with this action;
c)

witnesses, including but not limited to persons requested by counsel to
furnish technical or other expert service, to give testimony or to otherwise
prepare for any deposition, hearing, trial, or any other proceeding in this
action; and

d)

The Court and its personnel, including the stenographic reporters not
regularly employed by the Court who are engaged by the parties or the
Court during the litigation of this case.

The parties agree that if Confidential Information is disclosed to witnesses or prospective
witnesses during trial preparation, depositions, or the actual trial proceedings, the disclosing
party will advise the recipient of the information that he/she must keep the information
confidential except during depositions or the actual trial proceedings.
6.

This Order, insofar as it restricts the communication in any way and use of

Confidential Information, shall continue to be binding through and after the conclusion of this
litigation. At the conclusion of this action, including all appeals:
a)

At the end of three (3) years following the conclusion of this case, counsel
may destroy the Confidential Information or, prior to the expiration of the
three (3) year deadline, counsel may take all reasonable steps necessary
to reclaim all Confidential Information, including correspondence,
memoranda, notes, or any other documents embodying such information,
in whole or in part, by requesting the return of all copies of such
Confidential Information and paying reasonable expenses for the return of
the documents.

3

b)

Counsel and all Qualified Persons are enjoined from disclosing in any
manner any Confidential Information obtained during the course of this
proceeding except as referenced in Paragraph 3 above.

7.

Nothing in this Order shall prevent any party from seeking modification of this

Order at any time as to specific matters designated "Confidential Information" to remove such
from the application of this Order.
8.

Such Confidential Information as may be required to be filed with the Court and

with the Clerk of this Court shall be filed under seal. Only the Court, Court personnel, and
counsel for the parties shall have access to the sealed record in this proceeding until further
Order of this Court.
IT IS HEREBY SO ORDERED this 5th day of April 2012.

/s/Susan Webber Wright
UNITED STATES DISTRICT JUDGE

4