Giddens v. Arkansas Department of Finance & Administration et al

Filing 30

PROTECTIVE ORDER REGARDING CONFIDENTIALITY. Signed by Judge James M. Moody Jr. on 08/13/2014. (rhm)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
ROSETTA GIDDENS

v.

PLAINTIFF
CASE NO. 5:14:CV00028 JM

ARKANSAS DEPARTMENT OF
FINANCE AND ADMINISTRATION, ET.AL.

DEFENDANTS

PARTIES' JOINT STIPULATION AND PROTECTIVE ORDER
REGARDING CONFIDENTIALITY
The Parties to this action have stipulated, through their respective undersigned counsel,
to the entry of this Parties' Joint Stipulation and Protective Order Regarding Confidentiality
("Protective Order").
1.

During the course ofthe litigation ofthis matter, Plaintiff and Defendants may
identify and agree to produce certain documents containing confidential and personal
information pertaining to the parties as well as to individuals who are not parties to this
action. The purpose of this Protective Order is to ensure that the said documents are
restricted to persons involved with the litigation of this matter. Specifically, Plaintiff may
identify and agree to produce, her own medical and financial records. Defendants may
identify and agree to produce personnel records of third parties. Accordingly, the documents
and information identified in this Paragraph are subject to the provisions of this Protective
Order.

2.
Moreover, during the course of discovery, the Parties may request additional
personal, confidential, or proprietary documentation from each other or from third parties. If

any documents which will be produced contain personal, confidential, or proprietary
information, the producing Party (including any third party producing such documents) may
mark the documents "CONFIDENTIAL." Any document so marked shall not be disclosed to
any person except as may be permitted by this Protective Order. The designation of any
document as "CONFIDENTIAL" shall be made in good faith, and the Parties shall have ten (10)
days after service of documents marked "CONFIDENTIAL" to challenge such designation by
filing a motion with the Court.
In the event that personal, confidential or proprietary information is disclosed in response
to an interrogatory, the answering party may designate the response as confidential information
by conspicuously stamping the interrogatory answer with the word "CONFIDENTIAL." Parties
to this action may also designate deposition testimony that reveals personal, confidential or
proprietary information as confidential by advising all persons present that the party believes
that the portion of the deposition in question falls under the scope of this Protective Order.
The parties will redact confidential information from any documents produced in the
course ofthis litigation pursuant to the Rule 5.2 of the Fed. R. Civ. P. However, they reserve the
right to file a motion to produce with the Court should such confidential information become
relevant to the litigation of this matter.

3.
The use of any documents or information therein subject to this Protective Order shall
be restricted to the following persons:
(a)

The Parties to this litigation;

(b)

Counsel for the Parties, including their respective paralegals and clerical
employees;

(c)

Witnesses or prospective witnesses, including but not limited to persons requested
by counsel to furnish technical or other expert service, to give testimony or to
otherwise prepare for any deposition, hearing, trial, or any other proceeding in
this action, provided such witness or prospective witness agrees to be
expressly bound by the terms of this Protective Order and not disclose the
documents or information therein to any party or person outside this litigation;
and

(d)

The Court and its personnel, including the stenographic reporters not regularly
employed by the Court who are engaged by the Parties or the Court during the
litigation of this case.

4.
Upon final termination of this action, whether via completion of the litigation process,
trial and any appeal in this action and the satisfaction of any judgment, or upon the conclusion of
settlement of this action, all persons subject to this Order shall return to the producing Party,
upon request, all documents and information subject to this Protective Order, including any
and all copies, prints, negatives, or summaries, in the possession of employees, experts, or
consultants employed or retained by counsel for the Parties, except those items
compromising any appellate record, hearing record, deposition, trial court record, privileged
communications, or attorney work product.
5.
Whenever any document containing confidential information is entered into the record,
such document shall be redacted pursuant to Rule 5.2 of the Fed. R. Civ. P. Such documents
shall be filed under seal only when redaction is not practicable. Such document shall not be
filed under seal when used as evidence at trial.

6.

No Party shall seek sanctions based on an application to the Court for an interpretation of
confidentiality pursuant to this Protective Order. Each Party shall bear its own attorney's fees
related to any such application.
IT IS SO ORDERED THIS

1<)

DAY OF

AU 6 US\

2014.

es M. Moody, Jr.
istrict Court Judge

Stipulated to:

SANDRA Y. HARRIS, ATTORNEY AT LAW,
PLLC
PO Box 1052
Pine Bluff, AR 71613
870-536-2600
[e-mail]
by: /s/ Sandra Y. Harris
Sandra Y. Harris
AR Bar No. 92207
Counsel for Plaintiff
DUSTIN MCDANIEL,
ATTORNEY GENERAL
323 CENTER STREET, SUITE 1100
LITTLE ROCK, AR 72201-2610
Telephone: [phone]
Facsimile: [phone]
[e-mail]
By: Is/ Ka Tina "Kat" R. Hodge
Ka Tina "Kat" R. Hodge
Assistant Attorney General
AR Bar No. 2003-100
Counsel for Defendants