Sanders v. Davis et al

Filing 15

TEMPORARY PROTECTIVE ORDER directing that defts not respond to pltf's recent FOIA request unless and until this Court orders defts to do so after ruling on the merits of defts' motion for expedited protective order. Signed by Judge Kristine G. Baker on 5/3/13. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
COURTNEY SANDERS,
ON BEHALF OF HERSELF
and ALL OTHERS SIMILARLY SITUATED,
v.

PLAINTIFF

Case No. 5:12-cv-00017-KGB

LAWRENCE DAVIS, INDIVIDUALLY
AND IN HIS OFFICIAL CAPACITY, and
DONAL BOBBITT, AS PRESIDENT
OF THE UNIVERSITY OF ARKANSAS SYSTEM

DEFENDANTS

ORDER
Before the Court is defendants’ motion for expedited protective order (Dkt. No. 13).
Defendants filed their motion May 2, 2013, requesting that the Court issue an expedited
protective order in response to plaintiff’s counsel’s most recent request directed to defendants
and their counsel under the Arkansas Freedom of Information Act (“FOIA”), Ark. Code Ann. §
25-19-101 et seq. (hereinafter “plaintiff’s recent FOIA request”). Defendants ask that this Court
protect from disclosure all documents responsive to plaintiff’s recent FOIA request that are
protected by attorney-client privilege or work product doctrine, protect defendants from having
to produce any documents responsive to plaintiff’s recent FOIA request until after the case is
concluded, and award defendants all other proper relief.
Plaintiff has not responded to defendants’ motion, and her time for doing so has not yet
passed. Therefore, the Court will not address at this time the underlying merits of defendants’
motion for expedited protective order.
Instead, based on defendants’ representations regarding plaintiff’s recent FOIA request
and because the Arkansas FOIA imposes strict time limits on those subject to it for responding
to such requests, the Court will issue a temporary protective order directing that defendants not

respond to plaintiff’s recent FOIA request unless and until this Court orders defendants to do so
after ruling on the merits of defendants’ motion for expedited protective order. This temporary
protective order is entered by the Court to give defendants a temporary reprieve from
responding to plaintiff’s recent FOIA request and to bring documents responsive to plaintiff’s
recent FOIA request within the exemption set forth in the Arkansas FOIA, Ark. Code Ann. §
25-19-105(b)(8).
SO ORDERED this the 3rd day of May, 2013.

_____________________________
Kristine G. Baker
United States District Judge

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