Johnson v. Ainsworth Pet Nutrition Inc
PROTECTIVE ORDER. Signed by Judge D. P. Marshall Jr. on 5/18/12. (kpr)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
AINSWORTH PET NUTRITION INC.
The Court grants the parties' joint motion for a protective order,
R. CIV. P. 26(c). The terms of the parties' agreed
protective order are as follows:
The Protective Order shall govern all medical records of the
Plaintiff as well as employees, current and former, of Defendant
Ainsworth which are deemed to be "Confidential Information."
Such records shall include the following:
Any documents or medical or health-related information
from the personnel, medical or workers' compensation file
of any current or former employee of any Ainsworth;
Any portions of depositions (audio or video) where
Confidential Information is disclosed or used as an
In the case of documents and the information contained therein,
designation of Confidential Information produced shall be made
by placing the word "CONFIDENTIAL" on the face of the
document and each page so designated"CONFIDENTIAL" or
otherwise expressly identified as confidential. The Parties will
use their best efforts to limit the number of documents designated
Confidential Information shall be held in confidence by each
qualified recipient to whom it is disclosed, shall be used only for
purposes of this action, shall not be used for any business
purpose, and shall not be disclosed to any person who is not a
qualified recipient. All produced Confidential Information shall
be carefully maintained so as to preclude access by persons who
are not qualified recipients.
Qualified recipients shall include only the following:
In-house counsel and law firms for each party and the
secretarial, clerical and paralegal staff of each;
Deposition notaries and staff;
Persons other than legal counsel who have been retained or
specially employed by a party as an expert witness for
purposes of this lawsuit or to perform investigative work or
Deponents during the course of their depositions or
potential witnesses of this case; and
The Parties to this litigation, their officers and professional
Each counsel shall be responsible for providing notice of the
Protective Order and the terms therein to persons to whom they
disclose "Confidential Information," as defined by the terms of
the Protective Order.
Persons to whom confidential information is shown shall be
informed of the terms of this Protective Order and advised that its
breach may be punished or sanctioned as contempt of the Court.
Deponents may be shown Confidential materials during their
deposition but shall not be permitted to keep copies of said
Confidential materials nor any portion of the deposition transcript
reflecting the Confidential Information.
If one of the Parties objects to the claims that information should
be deemed Confidential, that Party's counsel shall inform
opposing counsel in writing within thirty (30) days of receipt of
the Confidential materials that the information should not be so
deemed, and the Parties shall attempt first to dispose of such
disputes in good faith and on an informal basis. If the Parties are
unable to resolve their dispute, they may present a motion to the
Court objecting to such status. The information shall continue to
have Confidential status during the pendency of any such motion.
No copies of Confidential Information shall be made except by or
on behalf of attorneys of record, in-house counselor the parties in
this action. Any person making copies of such information shall
maintain all copies within their possession or the possession of
those entitled to access to such information under the Protective
All Confidential Information produced in this action shall be used
only for purposes of this litigation and not for any other purpose.
10. The termination of this action shall not relieve the parties and
person obligated hereunder from their responsibility to maintain
the confidentiality of information designated confidential
pursuant to this Protective Order.
11. Upon termination of this action by entry of a final judgment
(inclusive of any appeals or petitions for review), the Parties may
request the return of all previously furnished Confidential
Information, including any copies thereof, and each person or
party to whom such Confidential Information has been furnished
or produced shall be obligated to return it within thirty (30) days
of said request.
12. Nothing in this Protective Order shall be construed as an
admission as to the relevance, authenticity, foundation, or
admissibility of any document, material, transcript, or other
13. Nothing in the Protective Order shall be deemed to preclude any
party from seeking and obtaining, on an appropriate showing, a
modifica tion of this Protective Order.
D.P. Marshall Jr.
United States District Judge
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