Chesshir et al v. Taylor et al

Filing 31

PROTECTIVE ORDER. Signed by Honorable Susan O. Hickey on March 18, 2015. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
MICHAEL CHESSHIR; and
JENNIFER CHESSHIR
v.

PLAINTIFFS
Case No. 4:14-cv-04109

BRADLEY TAYLOR; MOLLY TAYLOR;
JANELLE WHITE; BRADLEY TAYLOR
d/b/a TAYLOR & TAYLOR
DEVELOPMENT, LLC; MOLLY TAYLOR
d/b/a TAYLOR & TAYLOR
DEVELOPMENT, LLC; JANELLE WHITE
d/b/a TAYLOR & TAYLOR
DEVELOPMENT, LLC; and TAYLOR &
TAYLOR DEVELOPMENT, LLC

DEFENDANTS

ORDER
Before the Court is the parties’ Joint Motion for Entry of Proposed Agreed Protective Order.
(ECF No. 26). The parties request that this Protective Order govern this action and any other action
between the parties to this action, including without limitation the following cases: 4:14-cv-04162SOH and 4:14-cv-04140-SOH. The parties, through counsel, have agreed to the form and entry of
this Order. The Court finds that the parties’ Motion should be GRANTED. The Agreed Protective
Order reads as follows:
1. This Order shall govern documents and other materials or information (“Litigation
Materials”) produced, formally, in the course of litigation, including but not limited to documents,
data, things, information, deposition testimony, and answers to discovery.
2. As used in this Order, “Confidential Material” shall refer to any document or other
Litigation Materials, or any portion thereof, designated as confidential, as well as information in such
documents or other Litigation Materials.

3. The parties agree that anything produced prior to entry of a Protective Order by this Court
shall be treated as confidential if so designated by the producing party. The parties further agree that
any inadvertently disclosed Confidential Materials will be handled pursuant to Rule 502 of the
Federal Rules of Evidence and that inadvertent disclosure will not operate to waive a valid claim of
privilege.
4. Any party may designate (the “Designating Party”) any Litigation Materials as confidential
by placing or affixing thereon in such manner as will not interfere with the reasonable legibility
thereof the following, or otherwise appropriate, notice: “Confidential Material subject to Protective
Order.” Such designation shall be made in good faith and constitute a representation by the
Designating Party that it has a reasonable basis to believe that the material so designated is
appropriate for the protection provided in this Order and that it is entitled to claim such protection
for the material.
5. Confidential Material and a copy thereof and any notes or summaries made therefrom shall
not be used by any party receiving it, including the party’s attorney or other representatives including
expert witnesses, for any purpose other than the litigation of this action or any other action between
the parties to this action including without limitation the following cases that are in progress: [1]
Case: 4:14-cv-04162-SOH and [2] Case: 4:14-cv-04140-SOH or any other action that may be based
upon the underlying contract between the parties that is the subject of this action.
6. All Confidential Material received by an attorney shall be controlled and properly secured
by that attorney to prevent unauthorized access to, or reproduction of, the Confidential Material.
7. Confidential Material and any copies thereof, and notes or excerpts made therefrom, shall
be disclosed only to “Qualified Persons,” and only to the extent necessary for the litigation of this

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action or any other action between the parties to this action including without limitation the
following cases that are in progress: [1] Case: 4:14-cv-04162-SOH and [2] Case: 4:14-cv-04140SOH or any other action that may be based upon the underlying contract between the parties that is
the subject of this action.
8. Qualified Persons are limited to:
a. Counsel of record for the parties and the parties themselves;
b. The non-technical and clerical staff employed by Counsel of record;
c. The independent personnel engaged by Counsel of record to provide technical, expert or
review services or who may provide advice or who may give expert testimony or advice;
d. Court reporters and deposition transcript reporters;
e. Parties and/or their counsel involved in pending litigation between Michael Chesshir and
Jennifer Chesshir (“Chesshirs”) and Taylor & Taylor Development, LLC (“Taylor & Taylor”),
Bradley Taylor, Molly Taylor, and Janelle White (collectively, “Defendants”) or any other action
between the parties to this action including without limitation the following cases that are in
progress: [1] Case: 4:14-cv-04162-SOH and [2] Case: 4:14-cv-04140-SOH or any other action that
may be based upon the underlying contract between the parties that is the subject of this action; and
f. The Court and its authorized staff.
9. This Protective Order shall not apply to the disclosure of Confidential Material at the time
of trial or any court hearing, through the receipt of protected documents or Confidential Material into
evidence, or through the testimony of witnesses as this evidence will be considered as part of the trial
record unless the Court designates otherwise. The closure of trial proceedings and the issue of
whether or not there is a request of either party to seal the record of any trial shall involve

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considerations which may be taken up as a separate matter upon the motion of any of the parties at
trial.
10. This Protective Order shall not apply to: [1] any items, material or other information that
may be disclosed by anyone other than the parties to this action, [2] any items, material or other
information that is a public record or that is readily available in a public forum or from a public
source, [3] any items, material or other information that may be owned by or in the possession of a
party that is not a party to this action including without limitation any items or information provided
by a possible witness or a person who has direct knowledge of a specific event or action.
11. In addition, the attorney disclosing the Confidential Material shall take reasonable steps
to ensure that all persons receiving Confidential Material (a) maintain such material in a protected
and secure manner, with access restricted at all times to Qualified Persons, and (b) abide by the terms
of this Protective Order.
12. Before any person, other than Counsel of record and Counsel’s employees, receives or
reviews documents, information, or materials designated as “Confidential” by another party, he or
she shall be provided with a copy of this Protective Order and shall agree in writing to be bound by
its terms by executing a copy of the attached “Acknowledgment.” Counsel of record and Counsel’s
employees need not execute such an Acknowledgment, but are deemed subject to the provisions of
this Order by virtue of its entry.
13. Except as expressly provided in Paragraph 6 above, should any party desire to disclose
Confidential Material to anyone in addition to Qualified Persons, such party shall provide the
Designating Party fourteen (14) days prior written notice of the intent to disclose Confidential
Material to such additional person(s), which notice shall state the name of the additional person(s)

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and the reason(s) review by such additional person(s) is desired. If the Designating Party objects in
writing to such disclosure within that fourteen (14) day period, then such Confidential Material will
not be disclosed to the named person(s) unless and until the Court overrules the Designating Party’s
objection.
14. If Confidential Material is utilized or referred to during depositions, any party may
request and require that only Qualified Persons, the deponent, the videographer – in the event the
deposition is being videotaped – and the reporter shall be present. A party shall, either at the
deposition itself, or within fourteen (14) days after receipt of the transcript thereof, notify all other
parties and the deponent on the record or in writing that the information is confidential and shall
designate the portions thereof for which such claim is made. Such designation shall be subject to the
procedure set forth in Paragraph [13] below regarding a party’s ability to challenge a designation.
The portions thereof, including exhibits, for which confidentiality is claimed (or established by Order
if challenged) shall be bound separately under seal and prominently marked “Confidential Material
Subject to Protective Order.” Any and all computer-readable versions of the deposition or portions
thereof shall also be so marked.
15. Confidential Material may be referred to or incorporated in briefs, affidavits, or other
documents filed with this Court, provided that such documents shall be filed with the Clerk of Court
under seal and prominently marked “Confidential Material Subject to Protective Order.”
16. If either party disagrees with a claim of confidentiality (the “Challenging Party”), the
Challenging Party shall notify the Designating Party in writing of the specific documents, identified
by Bates number, being contested. If the dispute cannot be resolved by agreement, such Confidential
Material shall be kept confidential until the Challenging Party applies to this Court for an Order

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making a determination regarding the designated documents being challenged. Such applications
must be made within 30 days from the date the Challenging Party makes its written objection. The
information shall be kept confidential until this Court rules upon the confidentiality of the challenged
material. The Designating Party bears the burden of proving confidentiality.
17. The Protective Order shall survive the termination of this action. All Confidential
Material shall retain that designation and shall remain subject to this Protective Order until such
time, if ever, as the Court renders a decision that any challenged material shall not be covered by the
terms of this Protective Order and any and all proceedings and appeals challenging such decision
have been concluded.
18. Upon final termination of this action, the originals of all Confidential Material, to the
extent they were provided, shall be returned to the Designating Party or destroyed not later than thirty
(30) days after the ultimate disposition of this case. The recipient party shall then provide an affidavit
affirming that all Confidential Material that Designating Party disclosed to Qualified Persons or to
others has been retrieved and returned to the Designating Party, or has been destroyed.
Accordingly, the parties’ Joint Motion for Protective Order (ECF No. 26) is hereby
GRANTED. The parties are directed to move the Court for entry of the Order in each individual
case to which the parties desire the Order to apply such that the Order may be entered on the docket
of those cases.
IT IS SO ORDERED, this 18th day of March, 2015.

/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge

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