Smith v. Crete Carrier Corporation et al

Filing 27

PROTECTIVE ORDER. Signed by Judge D. P. Marshall Jr. on 11/14/2016. (jak)

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

JIMMY G. SMITH

vs.

NO. 5:16-CV-002-DPM

CRETE CARRIER CORPORATION and
CURTIS PEA VY, INDIVIDUALLY

DEFENDANTS

PROTECTIVE ORDER
It is ordered that as to all confidential, privileged, financial, business secret, medical and

sensitive information ("Confidential Infonnation"), including electronically stored information,
produced by parties in this case, the directives of this protective order will apply to parties and
their attorneys, agents, employees, contractors, and anyone to whom parties publish the
Confidential Information.
1.

Parties may mark any Confidential Infonnation being produced subject to this

protective order in a manner that would provide reasonable notice that the documents/items are
intended to be covered by this order. However, the absence of such markings does not relieve a
party from the obligation to abide by this order as to items that are clearly meant to be covered
such as medical records and financial records.
2.

Confidential Information subject to this protective order shall only be disclosed

as follows: (a) to counsel of record for the respective parties including their office and clerical
staff; (b) officers, directors and necessary employees of any party in connection with the trial
preparation of that party in this case; (c) expert witnesses or consultants engaged by a party to
assist in the prosecution or defense of the action provided such witnesses and consultants
separately agree to be bound and governed by the tenns of this order; (d) the court and court
personnel subject to such safeguards as the court may deem necessary; (e) non-party witnesses

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and their counsel only to the extent disclosure is necessary for their testimony and provided that
they shall separately agree to be bound and governed by the terms of this order.
3.

Parties and other persons to whom Confidential Infonuation is disclosed shall not

publicize or disclose in any fashion Confidential Information other than in the context of
development of this action through witnesses or experts, and such disclosure shall be made in a
manner so that the Confidential Infonuation does not become a matter of public record, unless
authorization by this Court is first granted to allow the infonnation to become a matter of public
record for the purpose of using such information in the pursuit of this litigation.
4.

This Order does not constitute a finding that the Confidential Infonnation is

relevant or otherwise admissible at trial. This Order does not constitute a finding that any party
has waived any objections to the authenticity, confidentiality, relevance or other objections to
admissibility of the files or infonnation at trial; nor does it constitute a finding that any party has
waived any objections to the production of the same or similar infonnation which may be sought
in other litigation or other proceedings.
5.

Parties and other persons to whom Confidential Infom1ation has been disclosed

shall be required at the conclusion of this action, including any appeal, to slrred, destroy, or
return to counsel for the producing party the documents which constitute the Confidential
Information designated herein and all copies of the documents within ninety (90) days of the
conclusion of this action.
6.

If any party disputes the designation of any document or item as confidential and

subject to this protective order, then the parties should adhere to the procedures set out in the this
court's Final Scheduling Order under the heading of "Discovery Disputes." However, in no
event may any party apply for relief under this paragraph AFTER the conclusion of this action.

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7.

The requirements of Rule 5.2 of the FRCP apply to any and all documents

covered by this order.
8.

The provisions of this Order shall extend to any discovery that may arise in the

future in this matter between the parties in which additional Confidential Infonnation, or other
information which the parties agree shall be subject to this Protective Order, is provided by either
party. Should a party contest the applicability of this Order to such possible future discovery, the
party shall be entitled to file a Motion with the Court for detennination of the issue.
9.

This Court retains jurisdiction to enforce this protective order for one year after

conclusion of this case by final judgment. Thereafter, this protective order shall be solely a
contract among the parties and signatories.
IT IS SO ORDERED.

APPROVED AS TO FORM:
WRIGHT, LINDSEY & JENNINGS LLP
200 West Capitol Avenue, Suite 2300
Little Rock, Arkansas 72201-3699
By: ls/Jerry J. Sallings
Jerry J. Sallings (84134)

Attorneys for defendants
BYRD LAW FIRM, P.A.
P.O. Drawer 270
Hamburg, Arkansas 71646
By: /s/ John Richard Byrd, Jr.
John Richard Byrd, Jr. (200430)
Attorneys for plaintiff

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DATE

DOWNS LAW FIRM, APC
517 N. Washington St.
Bastrop, Louisiana 71220
By: Isl Ross Downs
Ross Downs (2006061)
Attorneys for plaintiff

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IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
JIMMY G. SMITH

PLAINTIFF

vs.

NO. 5:16-CV-002-DPM

CRETE CARRIER CORPORATION and
CURTIS PEAVY, INDIVIDUALLY

DEFENDANTS

CONFIDENTIALITY AGREEMENT

I, _ _ _ _ _ _ _ _ _ , on behalf of myself and as authorized representative of
_ _ _ _ _ _ _ _ _ _ _ _,agree that as a condition of the receipt, review, and possession
of information subject to the court's protective order goveming certain documents in this case, I,
and my company, agree to be bound by the tenns of the protective order, a copy of which is
attached to this agreement. I, and my company, agree that by accepting, reviewing, and
possessing the documents covered by the attached protective order, I and my company agree that
we will accept, and be bound by, the tenns and conditions of this protective order just as if the
judge expressed these tenns and conditions to us in open court. I, and my company, understand
that we will be subject to this court's jurisdiction for purposes of detennining whether the
protective order has been followed or violated.
By affixing my signature below, I confirm that I have read and understood the tenns of
the attached protective order.

DATE

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