Penister v. Hollingsworth et al

Filing 35

PROTECTIVE ORDER. Signed by Judge D. P. Marshall Jr. on 6/23/2015. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
KEYYONNA PENISTER
v.

PLAINTIFF
No. 5:13-cv-387-DPM

CITY OF PINE BLUFF, ARKANSAS; DEBE
HOLLINGSWORTH, Individually and in Her
Official Capacity; JEFF HUBANKS, Chief of Police,
Individually and in His Official Capacity; MICHAEL
SWEENEY, Police Officer, Individually and in His
Official Capacity; and CHRIS POWELL, Individually

DEFENDANTS

PROTECTIVE ORDER
The parties agree and the Court orders as follows:
1. Confidential Information obtained from the City of Pine Bluff by
Penister shall be used only for the purpose of this litigation, and shall not be
given, shown, made available, or communicated to anyone except Qualified
Persons.
2. Confidential Information includes, without limitation:
(a) Documents containing confidential personal information, such as
social security numbers, contact information, medical information, or dates
of birth.

(b) Any information produced by a party and declared by the party at

the time of production to be Confidential Information. Materials designated
as confidential that do not fall into one of the specific categories named in
Section 2(a) should be stamped confidential, or if Bates numbers are used,
materials may be designated as confidential by Bates number in a letter. A
party may oppose a

confid~ntiality

designation in writing within 10 days of

the designation, at which time the parties shall engage in a good faith effort
to resolve the issue. If that effort fails, the parties shall file a joint report
pursuant to the Court's Final Scheduling Order.
3. Except with the prior written consent of the City, or by order of this
Court, no Confidential Information may be disclosed to any person other than
Qualified Persons.
4. Qualified Persons include Penister, any current or future counsel of
record for Penister in this action, secretaries, para-professional assistants,
experts, and other employees of counsel who are actively engaged in assisting
counsel with this action, court personnel, witnesses at trial or deposition, and
the jury.
5. Upon delivery of Confidential Information to Penister's counsel, the
City (or City's counsel) shall execute and submit to Penister and her counsel

-2-

the attached form (Exhibit 1) titled Inventory of Confidential Documents
Provided. Documents containing Confidential Information shall be stamped
or otherwise marked as confidential.
6. This Order shall continue to be binding through and after the
conclusion of this litigation, including all appeals.

One year after the

conclusion of this litigation, this Court shall lose jurisdiction to enforce this
Order and it shall survive thereafter only as a contract between the parties.
No later than three years after the conclusion of this litigation, Penister and
Penister' s counsel shall destroy all Confidential Information, including
correspondence, memoranda, notes, or any other documents embodying such
information, in whole or in part. All Qualified Persons are barred from
disclosing in any manner any Confidential Information obtained during the
course of this proceeding.
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.
8. Documents that are entirely confidential may be required to be filed
with the Court under seal. But to the greatest extent possible, pursuant to

-3-

Federal Rule of Civil Procedure 5.2, documents containing Confidential
Information shall be filed in a redacted form, so that those portions of the
document containing Confidential Information will not be visible to the
public. Only the Court, Court personnel, and counsel for the parties shall
have access to the sealed record in this proceeding unless otherwise ordered
by this Court.
So Ordered.

D.P. Marshall Jr.
United States District Judge
;;t3

APPROVED AS TO FORM:

Counsel for City Defendants
Amanda LaFever
Post Office Box 38
North Little Rock, AR 72115-0038
E-mail: [e-mail]
[phone]
Counsel for Defendant Powell
Christian C. Michaels
Catlett Law Firm, PLC
323 Center Street, Suite 1800
Little Rock, AR 72201-2607
E-mail: [e-mail]
-4-

JvrJe

,A.O

I~

Counsel for Plaintiff
Marie A. Crawford
Nelms Crawford Law Firm, P.L.L.C.
P.O. Box 6112
Sherwood, AR 72124
E-mail: [e-mail]
Counsel for Plaintiff
Maximillan R. X. Sprinkle
The Sprinkle Firm
1623 South Broadway
Little Rock, AR 72206
E-mail: [e-mail]

-5-

EXHIBITl
INVENTORY OF CONFIDENTIAL DOCUMENTS PROVIDED

I hereby submit the following documents, document pages, and/ or
depositions which are subject to the Protective Order for the protection of
documentsinKeyyonnaPenisterv.CityofPineBluff,Arkansas,JeffHubanks
and Michael Sweeney, each in their individual and official capacities, and
Chris Powell, Individually, filed in the United States District Court for the
Eastern District of Arkansas, Pine Bluff Division, No. 5:13-cv-287-DPM.

DATED: _ _ _ _ _ SIGNATURE: _ _ _ _ _ _ _ _ __