Albert v. Books-A-Million, Inc
Filing
13
PROTECTIVE ORDER. Signed by Honorable P. K. Holmes, III on September 16, 2011. (lw)
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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