Albert v. Books-A-Million, Inc

Filing 13

PROTECTIVE ORDER. Signed by Honorable P. K. Holmes, III on September 16, 2011. (lw)

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IN THEUNITED STATES DISTRICT COURT WESTERN DISTRICT ARKANSAS OF FORT $MITH DIVISION AMYALBERT, CASENO.2:{ 1-cV-02125-PKH Plaintiff, v. INC. BOOKS.A.MILLION, Defendant. PROTECTIVE ORDER On this I6+ day of September, 2011, Courthas reviewed JointMotion the the for Protective 13, Orderfiledon September 2011,Document 11, and makesthe No. following Orders: 1. Confidential Information, laterdefinedherein,and obtained the as by "Plaintiffl'), Plaintiff, Amy Albefi (hereinafter from the Defendant,Books-A-Million "Defendant") this action, (hereinafter in shall be used only for the purpose this of litigation for no otherpurpose and whatsoever, shallnot be given,shown, and made available, communicated any way to anyoneexceptQualified in or Persons, herein as defined. 2. Information, laterdefinedherein,and obtained the Confidential as by Defendant from the Plaintiff this action, in shallbe usedonly for the purpose this of litigation for no otherpurpose and whatsoever, shallnot be given,shown, and made available, communicated any way to anyone or in except as Qualified Persons, herein defined. 3. Confidential means: Information a. Thosepersonnel, medical filesand medical records, records, tax financial job records, search information, applicant data,employment records, records including those reflectingbusiness and/or employmentrelated decisions,grievancefiles, salary/pay histories, rental records,maintenance recordsand any and all other confidential information documents or relatedto the Plaintiff and/oremployees and former employees the Defendant. of b. Any information othermatters and nowrequested hereinafter or requested by the Plaintiff from Defendant relating the operation organization Defendant to and of including not limited contracts, but to personnel financial records, filesof employees, medical filesof employees, salary/pay histories employees, of complaints grievance or files and such otherinformation confidentiality privacyof whichis protected the or by statute.Defendant designate information "Confidential will this Information". as 4. Except with the priorwritten consent Defendant, pursuant further of or to Ordersof this Courton motionwith noticeto Defendant, Confidential no Information maybe disclosed any person to otherthan"Qualified Persons" shallbe defined who to include Plaintiff, futurecounsel record the Plaintiff this action, the any of for in and paraprofessional secretaries, assistants, expefts, otheremployees suchcounsel and of whowould actively be engaged assisting in counsel connection thisaction. in with 5. Exceptwith the prior writtenconsentof Plaintiff, pursuant further or to Orders thisCourton motion of withnotice Plaintiff, Confidential to no lnformation may ? be disclosed any personotherthan "Qualified to Persons" who shall be defined to include Defendant, future the any counsel record the Defendant thisaction, of for in and paraprofessional secretaries, assistants, experts, otheremployees suchcounsel and of whowould actively be engaged assisting in counsel connection thisaction. in with 6. ThisOrder, insofar it restricts communicationanywayanduseof as the in Confidential Information, continue be binding shall to through after conclusion and the of thislitigation. the conclusion thisaction, At of including appeals. all a) (or Uponrequest Defendant, by Plaintiff her counsel, any,)shall if take all reasonable steps necessary reclaimall Confidential to lnformation, includingcorrespondence, memoranda, notes or any other documents embodying suchinformation,whole in part. in or b) Uponrequest Plaintiff, (or by Defendant its counsel, any,)shall if take all reasonable steps necessary reclaimall Confidential to Information, includingcorrespondence, memoranda, notes or any other documents embodying suchinformation,whole in part. in or c) All Qualified Persons enjoined are fromdisclosing any manner in anyConfidential lnformation obtained during course thisproceeding. the of 7. Such Confidential Information may be requiredto be filedwith the as Coutlandwiththe Clerkof this Couilshallbe filedunderseal. Onlythe Court, Court personnel, Plaintiff, Defendant, theircounsel, any,shallhaveaccess the sealed and if to record thisproceeding furlher in until Order thisCourt. of 3 IT IS HEREBY ORDERED. SO F.t(.4J-!'** 4 UNITED DISTRICT STATES JUDGE APPROVED TO FORM: AS US DISTRIC] COURT DIST ARKANSAS WESTERN FILED /s/Beniamin Shiplev, H. lll H, Benjamin Shipley, AR #80130 lll, CROSS, GUNTER, WITHERSPOON & GALCHUS, P.C. 5401Rogers Avenue, $uite200 Little Rock. Arkansas 72201 (479) Telephone: 783-8200 (479) Facsimile; 783-8265 1 sEP 6 2011 %fiIS R. JOHN$ON, Clerk DEpuryf,J.d( and /s/Alberl Vreeland. L. ll Albert Vreeland, AL #ASB-0066-V78A L. ll, LEHR MIDDLEBROOKS & VREEI-AND, P.C. P , O . B o x1 1 9 4 5 Birmingham, 35202-1945 AL (205) Telephone: 326-3008 (205) Facsimile: 326-3002 Attorneysfor Books-A-Mil Iion AND /s/C.Brian Meadors Meadors, C, . Brian ABA#2001186 Esq,, Amanda Thomas, Esq., ABA#2008005 Meadors Firm, Law PLLC 523Garrison Avenue, Floor 3rd P. O. Box1059 Fort AR Smith, 72902-1059 Attorneyfor Amy Albert 4

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