St Christopher v. Union Pacific Railroad Company

Filing 63

ORDER granting 57 Motion to Compel. The Court finds that these materials will be produced within five days of this Order. Signed by Judge Kristine G. Baker on 05/27/2014. (rhm)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
LORNE ST. CHRISTOPHER
v.

PLAINTIFF
Case No. 5:12-cv-00058-KGB

UNION PACIFIC RAILROAD COMPANY

DEFENDANT

PROTECTIVE ORDER
Before the Court is plaintiff’s motion to compel (Dkt. No. 57). This motion to compel
comes before the Court as to administration and testing manuals used by Dr. Souheaver in
evaluating plaintiff; raw data, testing materials, handwritten notes, and tests used by Dr.
Souheaver in reaching conclusions about plaintiff; test booklets, if any, used by Dr. Souheaver in
the neuropsychological evaluation of plaintiff; and the computer printout P-3 interpretive report,
if any, relied upon by Dr. Souheaver as part of plaintiff’s examination (collectively referred to as
the “Protected Materials”). The Court finds as follows: If the Protected Materials exist and have
not been previously produced, they shall be produced at the deposition of Dr. Souheaver.
Defendant requests that plaintiff produce handwritten notes, any other file materials, and
the three manuals cited in Dr. Richard Frederick’s report, including: (1) Ben-Porath, Y.S. &
Tellegen, A. (2011).

MMPI2-RF: Manual for administration, scoring, and interpretation.

Minneapolis: University of Minneapolis Press; (2) Green, R.L. (2011). The MMPI-2/MMPI-2RF: An interpretive manual, (3rd ed.) Boston: Allyn & Bacon; and (3) Palmer, A., Borras, C.,
Perez-Pareja, J., Sese, A., & Vilarino, M. (2013).

Are patients with chronic pain and

fibromyalgia correctly classified by MMPI-2 validity scales?

The European Journal of

Psychology Applied to Legal Context, 5, 107. The Court finds that these materials will be
produced within five days of this order.

Plaintiff’s counsel has agreed to a protective order consistent with the terms stated in his
brief, including the statement of Pearson Assessments. The Court is aware of the issues created
by releasing the Protected Materials to those not professionally qualified to obtain them.
Therefore, the following provisions will apply to the Protected Materials:
1.

Plaintiff, his counsel, defendant, defense counsel, or anyone on their behalf will

not copy the Protected Materials. This includes any hard copy, scanned image, or other means of
reproducing the document. The Protected Materials will only be shown to the named parties,
attorneys for the named parties in this case, persons regularly employed in the attorneys’ office,
or to medical or psychological experts specifically retained or offering testimony in this case, for
use solely in the preparation or trial of this cause.
2.

All Protected Materials will be returned to the respective expert at the conclusion

of this case. Within 30 days of the conclusion of this case or any appeals, plaintiff’s counsel and
defense counsel will execute and file an affidavit confirming that each has complied with this
Protective Order and that the Protected Materials have been returned.
3.

The Protected Materials or testimony about them will not be made publicly

available as part of the record of this case or in any deposition. All depositions and testimony at
trial concerning the Protected Materials will be under seal. Disclosure may be made to court
reporters engaged for depositions solely for purposes of completing the deposition in an orderly
manner. The Court reporter for any deposition concerning the Protected Materials will be
advised of this order and will execute an affidavit before the deposition that includes the
following language:
I certify that I have read the Protective Order dated May 27, 2014, in the case
entitled Lorne St. Christopher v. Union Pacific Railroad Company, Case No.
5:12-CV-0058 KGB, in the United States District Court for the Eastern District
of Arkansas. Before reviewing or receiving access to the contents of any of the

Protected Materials and as a condition for such review or access, I understand
and agree that I am personally bound by and subject to all of the terms and
provisions of the Protective Order. I subject myself to the jurisdiction and
venue of said Court for purposes of enforcement of the Order.

4.

Prior to disclosure of the Protected Materials to persons listed in paragraph 1,

counsel will ensure that each recipient executes an affidavit that contains the language contained
within paragraph 3.
5.

Within 3 days of execution of an affidavit to whom Protected Materials are to be

disclosed, the respective counsel will serve the affidavit on opposing counsel.
6.

Pleadings, orders, and other documents filed by the parties which refer to or

discuss the content of the materials listed above will be filed under seal.
7.

The party requesting a copy of materials will pay all copying expenses.

IT IS SO ORDERED this 27th day of May, 2014.

____________________________________
Kristine G. Baker
UNITED STATES DISTRICT JUDGE