Willis v. Shelter Mutual Insurance Company

Filing 11

PROTECTIVE ORDER. Signed by Judge D. P. Marshall Jr. on 7/10/12. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
ROBERT WILLIS, JR.

v.

PLAINTIFF
No. 5:12-cv-101-DPM

SHELTER MUTUAL INSURANCE COMPANY

DEFENDANT

PROTECTIVE ORDER
The parties are into discovery in this case. Willis has sought the
discovery of certain information and documentation that Shelter considers to
contain trade secrets or confidential and proprietary research, development,
and commercial information. To facilitate the production of this discovery
material, the Court grants the Defendant's unopposed motion for protective
order. Document No. 10. The Court approves the parties proposed protective
order with minor changes. The only substantive change is that the Order now
covers confidential discovery material produced by either party.
1.

A producing party may designate any discovery material as

"Confidential" if it believes that the material contains or reflects trade secrets
or other confidential and proprietary information. This designation may be
by written notice incorporated in the matter disclosed or by separate written
notice. All documents and information as they are reviewed for inspection or

copying are subject to confidentiality under the terms of this Order; and a
producing party may designate and mark any documents and information as
confidential as part of the photocopying process. A producing party may
designate information disclosed in depositions as confidential by indicating
on the record at the deposition that the testimony is confidential and is subject
to the provisions of this Order. Alternatively, the producing party may notify
the opposing party in writing of the specific pages and lines of the transcript
that should be treated as confidential. This written notification must be given
within ninety days of receipt of the transcript.
2.

Discovery material designated as confidential may be used by an

opposing party only for purposes of preparing for and conducting pretrial
and trial proceedings in this action. Confidential discovery material and
information derived from it shall be shown only to the opposing party and
-that party's counsel of record in this action and may be disclosed by opposing
counsel only to the following persons:
a.

Counsel for a party, employees, or independent contractors
of such counsel, and experts or consultants working with
counsel, as are required to assist in the preparation or

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conduct of this action, provided that, before being shown
any confidential discovery material, those persons shall be
given a copy of this Order, and be advised that they are
bound by it;
b.

Officers, employees, agents, or representatives of a party
who are actually engaged in preparing for or conducting
pretrial or trial proceedings in this action, but only to the
extent necessary to do so, provided that, before being
shown any confidential discovery material, those persons
shall be given a copy of this Order, and be advised that they
are bound by it;

c.

Persons whose depositions are being taken or who are
witnesses at any hearing or trial conducted by the Court in
this action, provided that, before being shown any
confidential discovery material, those persons shall be given
a copy of this Order, and be advised that they are bound by
it;

d.

This Court or any other court before which this action is

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pending, including any Court personnel, jurors, and all
other persons lawfully present in the Court proceeding.
3.

Any person having access to confidential discovery material shall

be prohibited from disclosing that information to any other person except as
provided in this Order, and he or she shall take appropriate measures to
safeguard the confidentiality of the confidential discovery material to prevent
willful or inadvertent disclosure of it and to assure that the provisions of this
Order are accomplished.
4.

At the conclusion of this civil action by trial or other disposition, any

confidential discovery material provided or produced- including all
reproductions that may have been made of any confidential documents,
materials, or information-shall be returned to the attorneys of the producing
party or destroyed.
5.

Nothing in this Order shall prevent or prohibit a producing party

from seeking additional protection as it deems necessary for protection of
confidential discovery material in this section.

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6.

This Order is without prejudice to a party's right to bring before

the Court at any time other objections to the production of any discovery
material.
So Ordered.

D.P. Marshall Jr.
United States District Judge

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