Brown et al v. Homesite Group Incorporated
ORDER granting 26 Motion for Protective Order; PROTECTIVE ORDER. Signed by Honorable Susan O. Hickey on June 30, 2014. (mll)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HARLAN BROWN and DONNA BROWN
Individually and on behalf of all others
HOMESITE GROUP INCORPORATED
d/b/a HOMESITE HOME INSURANCE
AGREED UPON PROTECTIVE ORDER
Upon joint motion of plaintiffs and Homesite Insurance Company of the Midwest
(“Homesite”) and for good cause shown, the Court finds that the Motion for Entry of Protective
Order (ECF No. 26) should be and hereby is GRANTED. All documents produced by the
parties in this lawsuit be subject to the following:
As hereinafter used, the term “Confidential Information” means
a. any claims manual or documents related to claims-handling procedures
maintained, written, or used by Homesite;
b. information concerning any current or former Homesite insured maintained by
Homesite, and/or claims made by any current or former Homesite insured
maintained by Homesite, and specifically any putative class members in this
c. any document, information, deposition transcript, exhibit, or other material
derived from, referring to, or containing, in whole or in part, the documents
and/or information described in sections 1(a) and 1(b).
The producing party (“producing person”) shall label or mark documents,
electronic data and things that it deems to contain “Confidential Information” with the legend
NEGOIATIONS.” Where large numbers of documents are produced for inspection by the
producing person, the producing person may produce them thereafter specifically labeled or
marked with one of the above legends only those documents of which the opposing party
requests a copy. Any documents or electronic data so designated within this thirty (30) day
period shall be treated as provided for in the relevant provisions of this Order.
All Confidential Information designated as “CONFIDENTIAL” shall be
maintained subject to the following restrictions:
It shall be used solely for the purposes of this proceeding and not for any
other litigation and not for any business or other purposes whatsoever.
It shall not be given, shown, made available, or communicated in any way
to anyone other than: (i) the parties, which shall include defendant and the
named plaintiffs and members of any certified class or subclass; (ii) inside
or outside counsel for the parties to this proceeding (including their
associates, paralegals, secretaries, and employees); (iii) independent
experts retained by plaintiffs or counsel specifically in connection with
this action and whom plaintiffs have agreed to pay for their services
rendered in this action to furnish technical or expert services and/or give
testimony in this proceeding; (iv) any witness, actual or potential; (v) the
Court in any further proceeding herein; (vi) stenographic reporters, outside
photo-copying services, and other outside administrative persons who are
engaged in such proceedings or activities as are necessary to conduct this
Action; and (vii) persons to whom such is required as a consequence of
the process of any court.
SETTLEMENT NEGOTIATIONS” is subject to the restrictions in paragraph 3.b. In addition,
such information may not be used in this litigation other than for purposes of settlement
The attorneys for plaintiffs and defendant shall not, under any circumstances,
exhibit, provide copies of or otherwise disclose the content of any protected materials to any
other persons, including but not limited to any competitor of the producing party or any known
agent, consultant or affiliate thereof.
All documents of any nature (including, but not limited to, briefs, affidavits,
motions, declarations, discovery responses and items of tangible evidence, such as computer
disks) that are filed with the Court for any purpose and contain Confidential Information shall be
filed in sealed envelopes or other sealed containers marked with the title of this proceeding and
identifying each document and thing therein and bearing a statement substantially in the
This envelope containing the above-identified papers or items filed
by [name of party] is not to be opened, and the contents thereof is
not to be displayed or revealed except by order of the Court.
However, pleadings or other court filings that make reference to Confidential Information, but do
not quote therefrom, or characterize and/or summarize the contents thereof, need not be filed
under seal. Any pleadings or other court filings that contain Confidential Information need not
be filed under seal if the parties consent in writing prior to any such filing, and such consent may
include an agreement between the parties to redact some or all of the Confidential Information
contained in such filing.
All persons having access to information, documents, electronic data and things
designated as “CONFIDENTIAL” or “CONFIDENTIAL – SETTLEMENT NEGOTIATIONS”
shall be given a copy of this Order prior to being shown such documents, electronic data, things
and/or information, and its provisions shall be explained to them by an attorney of record. Each
such person, prior to having access to said confidential documents, electronic data, things and/or
information, shall agree not to disclose to anyone not exempted by this Order any Confidential
Information derived therefrom and not to make use of any such Confidential Information other
than for purposes of this Action and shall acknowledge in writing, by signing a “Non-Disclosure
Agreement” in the form of Exhibit “A” attached hereto, that such person is fully conversant with
the terms of this Order and agrees to comply with it and be bound by it. The attorneys for
plaintiffs and defendant shall provide each other a copy of each signed Non-Disclosure
Agreement within 30 days after final conclusion of all aspects of this litigation. Further, within
said time, the attorneys for plaintiffs and defendant shall instruct each recipient of the protected
material of their obligation not to disclose such information, in accordance with this Order.
In the event that any person or party (a) is served with a subpoena in another
action, or (b) is served with requests for production of documents, interrogatories, or any type of
formal or informal demand in another action to which he or she is a party, or (c) is served with
any other legal process or paper by one not a party to this litigation seeking or requesting
disclosure of proprietary or confidential information, that person shall object to its production
and shall give prompt written notice of such event to counsel of record for the party who
produced said proprietary or confidential information. Thereafter, the party who produced said
proprietary or confidential information shall assume responsibility for preserving and
prosecuting any objection to the subpoena, demand or other legal process. The person served
shall be obligated to cooperate to the extent necessary to preserve the confidentiality of the
proprietary or confidential information. Should the person seeking access to the confidential or
proprietary information take action to enforce such a subpoena, demand, or other legal process,
the person so served shall set forth in his response the existence of the Protective Order. Nothing
herein shall be construed as requiring the receiver to challenge or appeal any order requiring
production of proprietary or confidential information, or to subject itself to any penalties for
noncompliance with any legal process or order, or to seek any relief from the court.
Any document or other item designated as “CONFIDENTIAL” may be used in
the course of any deposition of the party producing such document without consent, and in any
other deposition of any person bound by the terms and conditions of this Order pursuant to order
of this Court, or with the consent of the party producing such document or item, subject to the
condition that when such designated document or item is so used, the party who made the
designation may notify the reporter that the portion of the deposition in any way pertaining to
such designated document or item or any portion of the deposition relevant thereto is being taken
pursuant to this Order.
The original and all copies of any deposition transcript shall, at the request of any
attorney for a party, initially be fully subject to the relevant provisions of this Order. The
attorney for a party thereafter shall have thirty (30) days after receipt of the transcript to
designate those portions of the testimony that are deemed by the attorney to include Confidential
Information. The reporter shall promptly conform the original copy and counsel shall conform
their copies in accordance with counsel’s designation. The portions so designated shall be
separated and treated as provided in Paragraph 3 of this Order and shall be fully subject to the
relevant provisions of this Order. After the expiration of such thirty (30) days, all portions not so
designated shall be free from the provisions of this Order.
The inadvertent or unintentional production of documents or electronic data
containing Confidential Information without such designation shall not be deemed a waiver in
whole or in part of a party’s claim of confidentiality or privilege either as to the specific
information disclosed therein or as to the same or related subject matter, provided that the party
asserting the claim of confidentiality or privilege informs the opposing party of its claim within a
reasonable time after learning that confidential or privileged documents or electronic data had
been inadvertently or unintentionally produced. The opposing party shall also promptly take all
reasonable measures to ensure that no further unauthorized disclosure or use of such confidential
information, or information contained therein, is made. No party shall have any liability under
this Order for disclosing any information after the expiration of the initial thirty (30) day period
referenced in paragraph 6 above and prior to the designation of the information as confidential.
This Order shall be without prejudice to the right of any party to oppose
production of any information for lack of timeliness or relevance, privilege, or any other ground
other than confidentiality. The right to object includes the right to assert an objection on the
basis that the request calls for the disclosure of Confidential Information that a party does not
believe can be adequately protected by this Order. In response to such objection, the party
seeking disclosure of Confidential Information shall not be precluded from asserting that the
terms of the Protective Order are impeding the party’s ability to obtain the discovery necessary
to prepare their case.
On final determination of this litigation, including all appeals, each party or other
person subject to the terms hereof shall, at the request of the producing party, destroy all
materials, electronic data and documents constituting Confidential Information, all copies,
summaries and abstracts thereof, and all other materials, memoranda or documents embodying
data concerning said materials, electronic data and documents constituting Confidential
Information, and certify such destruction by letter to the producing party within thirty (30) days
of receiving the request of the producing party. The Court will have continuing jurisdiction to
enforce this Order through this litigation and following its conclusion. The parties agree that any
such enforcement proceedings will, subject to the schedule and approval of the Court, be
determined on an expedited basis.
By entering this Protective Order, the Court does not intend to create any
presumption with regard to the actual confidentiality of any material, or to alter the normal
burden of proof necessary for obtaining a protective order from the Court. Any dispute between
the parties as to the confidentiality of any specific material shall be resolved pursuant to
paragraph 15 herein.
If any party believes that any material produced does not contain confidential or
trade secret information, it may, at any time, contest the applicability of this Protective Order to
such material by notifying the attorneys for the party asserting this Order’s application and
identifying the material contested. Upon such notification, said party asserting this Order’s
application shall have forty-five (45) days in which to make a specific Motion for Protective
Order with respect to such material. As to any contested material for which such a motion is not
made or the requested relief is not granted, such material shall be deemed outside the scope of
this Protective Order.
This Protective Order may be modified by the Court sua sponte or upon motion of
the parties for good cause shown.
IT IS SO ORDERED, this 30th day of June, 2014.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge
W.H. Taylor, 81154
Stevan E. Vowell, 75134
William B. Putman, 91198
Timothy J. Myers, 92110
TAYLOR LAW PARTNERS
303 E. Millsap Road
P.O. Box 8310
Fayetteville, AR 72703
Counsel for Plaintiffs and the
Judy Y. Barrasso, Pro Hac Vice, LA Bar 28203
Stephen L. Miles, Pro Hac Vice, LA Bar 31263
BARRASSO USDIN KUPPERMAN
FREEMAN & SARVER, L.L.C.
909 Poydras Street, 24th Floor
Marshall S. Ney, Ark. Bar No. 91108
MITCHELL, WILLIAMS, SELIG,
GATES & WOODYARD, P.L.L.C.
5414 Pinnacle Point Drive, Suite 500
Rogers, AR 72758
Attorneys for Homesite Insurance Company
Of the Midwest
I, _____________________________________________________ , declare as follows:
I understand that the information, electronic data and/or documents to be provided
to me identified as Confidential Information are subject to a Protective Order in the action titled
Harlan Brown and Donna Brown, Individually and on behalf of all others similarly situated, v.
Homesite Group, Incorporated, d/b/a Homesite Home Insurance, Case No. 2014-cv-02046, and
constitute Confidential Information that is to be used only for the purpose of this litigation. I
understand that said information is not to be disclosed by me to anyone nor used for any purpose
other than that described above.
I have read the Protective Order entered in this litigation and agree to be bound by
its terms. I agree not to use or permit the use of any Confidential Information for any purposes
other than in connection with this Litigation, and I agree not to use or permit the use of any such
Confidential Information for any business or competitive purpose whatsoever. I further agree
not to disclose any Confidential Information obtained pursuant to this Protective Order to any
person who is not also bound by the terms of the Order except as I may be required as a
consequence of the process of any court.
I hereby submit to the jurisdiction of any court within the United States that may
otherwise have jurisdiction over this litigation and/or any proceedings to enforce the terms of the
Protective Order against me, whether by way of contempt of court, by a civil action for
injunction and monetary damages, or otherwise.
I declare under penalty of perjury that the foregoing is true and correct.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?