Bullock v. Packers Sanitation Services Inc Ltd

Filing 28

AGREED PROTECTIVE ORDER WITH TYSON FOODS, INC. Signed by Chief Judge Brian S. Miller on 10/27/2017. (kdr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JACOB D. BULLOCK
VS.

PLAINTIFF
CASE NO. 5:15cv289-BSM

PACKERS SANITATION SERVICE, INC. LTD.,
a/k/a PSSI

DEFENDANTS

AGREED PROTECTIVE ORDER WITH TYSON FOODS, INC.
Counsel for Plaintiff and Non-Party Tyson Foods, Inc., have agreed to handle and protect
certain documents requested under Subpoena pursuant to certain terms.
1.

During the course of litigation of this case, Plaintiff has requested under

Subpoena certain documents compiled by Non-Party Tyson Foods, Inc. These documents
generally contain certain information that Tyson Foods, Inc. claims as privileged, confidential,
sensitive and not available to the general public. The most confidential of these documents are:
(A)
(B)
(C)

Environmental, Health and Safety Services Root Cause Analysis;
Root Cause Investigation With Corrective Actions Tyson Confidential;
and,
Accident Investigation with Causal Analysis.

These records are hereinafter referred to as “Protected Material.” The protection conferred by
this Order covers not only the Protected Material described above, but also any information
copied or extracted therefrom, as well as all copies, excerpts, summaries or compilations thereof.
2.

For purposes of this case, any such materials shall be maintained as Confidential

by counsel and not given, shown, made available, communicated, or distributed in any way to
anyone except:
a.

The Court and court personnel (including the court having jurisdiction
over any appeal);

b.

Court reporters used in connection with the litigation;
Page 1 of 5

c.

Any person who (i) wrote or received a copy of the document designated
confidential before it was furnished in this litigation, or (ii) was present or
participated in a meeting or discussion of the protected information before
it was furnished in this litigation;

d.

Any mediator, secretaries, paraprofessional assistants, and other
employees of such mediators who are actively engaged in assisting the
mediators in connection with this matter;

e.

Employees of outside copying, document imaging and facsimile services;

f.

Present counsel of record for the parties and secretaries, paraprofessional
assistants, and other employees or agents of such counsel who are actively
engaged in assisting counsel in connection with this matter;

g.

The parties themselves and outside experts or consultants whose advice
and consultation are being or will be used by the parties in connection
with preparing for the litigation, and the staffs of such experts or
consultants; and

h.

Witnesses or deponents in the course of this litigation.

3.

Disclosure shall be made to persons identified in subparagraphs 2.g and h above

only as necessary for the litigation, and only after the person to whom disclosure is made has
been informed of the Protective Order, and has agreed in writing to be bound by it, by signing
the form of acknowledgment attached to this Protective Order as Attachment A. The terms of
this Protective Order shall be explained to such persons by the persons disclosing the Protected
Information. The executed acknowledgment shall be retained by counsel disclosing the Protected
Information. Protected Information shall not be disclosed to any person in any manner not
specified in this Protective Order.
4.

Each Party or Non-party that designates information or items for protection under

this Order must use good faith efforts to limit any such designation to specific material that
qualifies under the appropriate standards. A Designating Party must use good faith efforts to
designate for protection only those parts of material, documents, items, or oral or written
communications that qualify – so that other portions of the material, documents, items, or
Page 2 of 5

communications for which protection is not warranted are not swept unjustifiably within the
ambit of this Order.
5.

Designation of information as Protected Information is not determinative of

whether the designation is appropriate. If a party seeks to challenge the designation on the
ground that such protection is not warranted under controlling law, the following procedure shall
be utilized:
a.

The party challenging the designation shall give counsel for the
designating party notice, in writing, specifying the Protected Information
for which the designation is challenged and the reasons for the challenge;

b.

If the parties cannot reach agreement, the party designating the Protected
Information shall, within 15 days of receipt of that notice, file and serve a
motion and supporting brief seeking the protection of this information.
The party filing a brief containing or referring to Protected Information
shall seek leave to file it under seal, and the other party shall not oppose
such request. The designated Protected Information shall remain
confidential until the issue is resolved by the Court or by the agreement of
the parties.

c.

On any motions arising out of the designation of any material as Protected
Information, the burden of justifying the designation shall lie with the
designating party.

6.

All briefs and related documents that contain or refer to Protected Information

that are filed with the Court electronically shall be done in accordance with the electronic case
filing protocols for filing documents under seal.
7.

The parties shall be entitled to identify on their final exhibit lists and use

Protected Information for trial. Subject to the Federal Rules of Evidence, Protected Information
can be used at trial in this matter; however, counsel for the designating party shall be entitled to
seek all appropriate protections with the Court to avoid public disclosure of the Protected
Information. The non-designating party does not waive any right to object to such request for
additional protections.
Page 3 of 5

8.

The provisions of this Order also cover any other documents that have come or

that may subsequently come into the possession or control of the parties pursuant to this
Subpoena subject to Paragraph 4 of this Protective Order. If a party learns that, by inadvertence
or otherwise, it has disclosed any portion of the Protected Material, it shall immediately inform
the other parties.
9.

This Order is entered based on the representations and agreements of the parties

and for the purpose of facilitating discovery. Nothing herein will be construed or presented as a
judicial determination that any specific document or item of information is admissible in
evidence at the trial of this case.
10.

Those subject to this Protective Order are the parties to the action, including all of

their officers, directors, employees, consultants, retained experts and outside counsel (and their
directors, staff and experts). This provision does not prohibit the individuals listed in the
preceding sentence from reviewing any Protected Material for the purpose of this litigation,
however they are subject to the terms and conditions of this order with respect to the
dissemination of information contained in the Protected Material.
11.

By stipulating to the entry of this Protective Order, no party waives any right or

objection it would otherwise have in absence of this Order.
12.

Within sixty (60) days of the conclusion of this action and any appeal, all

documents designated Confidential and all copies of such documents made by the receiving
party, counsel, and/or others shall be returned to the producing party’s counsel and all
electronically stored copies of such documents and/or information shall be deleted and
destroyed.

Page 4 of 5

IT IS SO ORDERED THIS _____ DAY OF OCTOBER, 2017.
27th

_____________________________________
BRIAN S. MILLER
UNITED STATES DISTRICT CHIEF JUDGE

APPROVED BY:
/s/ Joseph Gates for Paul Byrd Law Firm, PLLC
Mr. Paul Byrd
Mr. Joseph Gates
Ms. Sara Silzer
Paul Byrd Law Firm, PLLC
415 N. McKinley, Suite 210
Little Rock, AR 72205
/s/ Steve Crane for Crane, Butler & Phillips, PA
Mr. Steve Crane
Crane, Butler & Phillips, PA
118 E Calhoun Street
PO Box 727
Magnolia, AR 71753-0727
/s/ Bruce Munson for Munson, Rowlett, Moore & Boone, PA
Mr. Bruce Munson
Munson, Rowlett, Moore & Boone, PA
400 W. Capitol, Suite 1900
Little Rock, AR 72201

Page 5 of 5