Waites v. Housing Opportunities Extension, Inc.

Filing 29

AGREED PROTECTIVE ORDER. Signed by Honorable Susan O. Hickey on April 13, 2016. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION

TERRI WAITES and PAULA MARKHAM

vs.

PLAINTIFFS

No. 4:15-cv-4026

HOUSING OPPORTUNITIES, INC., and
HOUSING OPPORTUNITIES EXTENSION, INC.

DEFENDANTS

AGREED PROTECTIVE ORDER
Before the Court is the parties’ Joint Motion for Entry of Agreed Protective Order. (ECF
No. 26).

The parties to this case, through their respective counsel, agree to protect the

confidentiality of certain information (including deposition testimony) and documents (including
documents stored in any electronic format) which may be discovered or offered into evidence at
the trial of this case. Upon consideration, the Court finds that the motion should be and hereby is
GRANTED. The parties agree that the confidentiality of such information and documents shall
be preserved under the terms of this Protective Order.
1.

It is agreed that material requested by any of the parties, which they deem

confidential, shall be disclosed only to the following individuals, each of whom shall be required
to read this Protective Order and agree to abide by its terms before being given any of the
information:
a. Counsel for plaintiff and counsel for the defendants and their staff to the extent
reasonably necessary to render professional services in the litigation;
b. The parties to the litigation and their experts; and
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c. Any other individuals included by order of the Court;
Materials that may be designated confidential under this Protective Order are those materials the
privacy or confidentiality of which are protected by statute, including medical records,
employment records or information, and trade secrets. Documents produced by the parties to
which this Protective Order is applicable shall be stamped "CONFIDENTIAL."
2.

The inadvertent production, without designation as confidential, of information or

a document intended to be designated or that should have been designated as being confidential
shall not waive the right to so designate such document or information. Any information or
documentation that is inadvertently not designated as being confidential when produced shall be,
upon written request of the producing party, thereafter treated as being designated as confidential
under this Protective Order.
3.

A party may designate as "CONFIDENTIAL" portions of any deposition

transcript wherein confidential information or materials designated as "CONFIDENTIAL" are
identified, discussed, or disclosed. Portions of a deposition transcript so designated will be
subject to the terms of this Protective Order. The designation must be made by letter sent by
facsimile or electronic mail to opposing counsel within twenty-one (21) business days after
receipt of the transcript. Any confidentiality designation asserted on the record during a
deposition must be confirmed in writing within this same time period, providing the specific
pages of the transcript that are designated as "CONFIDENTIAL." The portions of a deposition
transcript that mention or discuss materials designated as "CONFIDENTIAL" must be treated as
"CONFIDENTIAL" and therefore subject to this Protective Order until 5:00 p.m. Central Time
on the twenty first (21st) business day after receipt of the transcript. All portions of the deposition
transcript not designated as "CONFIDENTIAL" by 5:00 p.m. Central Time on the twenty first
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(21st) business day after receipt of the transcript are excluded from the protections of this
Protective Order.
4.

A lawyer who wishes to challenge the "CONFIDENTIAL" designation made by

the producing party of any materials must first attempt in good faith to confer with lawyers for
the producing party in an effort to resolve the issue amicably. If agreement cannot be reached,
the challenging party may file a motion asking the Court to remove the designation. The motion
should describe with specificity the particular materials for which the designation is being
challenged and set forth with specificity the particular materials that are not properly designated
as "CONFIDENTIAL." The party seeking to maintain materials as "CONFIDENTIAL"
generally will bear the burden of proving that the designation is proper. Materials designated as
"CONFIDENTIAL" will continue to be treated as such and subject to the provisions of this
Protective Order pending determination by the Court of the merits of any such challenge.
5.

Subject to the Federal Rules of Evidence, any confidential information or

documents may be offered in evidence at trial or any Court hearing. Any party may move the
Court to prevent unnecessary disclosure of confidential information and documents.
6.

Any material submitted to or filed with the Court which contains information

covered by this Protective Order shall be filed under seal, in a sealed envelope marked to
indicate that the enclosed material is confidential and is to be made available only to the
presiding judge and the judge's staff unless and until the Court orders otherwise. The parties may
agree subsequently to exclude any information or documents from coverage under this Protective
Order and, upon motion of a party or upon the Court's own motion, the Court may exclude any
information or documents from coverage under this Protective Order. Nothing in this Protective
Order shall restrict any use by a producing party of its own confidential information or
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documents.
7.

No lawyer for a party may comment in the presence of the jury on the reasons or

motivation for designating materials as "CONFIDENTIAL" without first having obtained
permission from the Court to do so.
8.

The information and documentation covered under this Protective Order shall be

used only for purposes of this litigation. No individual shall disclose any of the documents or
information to any other individual, directly or indirectly, except as authorized by this Protective
Order. No individual shall use any of the information or documentation to the detriment of the
producing party or for any other business or financial benefit of the individual.
9.

In the event of a disclosure in violation of this Protective Order (whether

intentional or unintentional), the disclosing party shall immediately notify the opposing party of
the disclosure and take immediate action to prevent further disclosure. In the event either party is
subpoenaed or otherwise required by legal process to disclose the information, it shall
immediately notify the opposing party and provide it with an opportunity to object before any
disclosure is made.
IT IS SO ORDERED, this 13th day of April, 2016.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge

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APPROVED AS TO FORM:

SANFORD LAW FIRM, PLLC
One Financial Center
650 S. Shackleford, Ste. 411
Little Rock, AR 72211
Ph: 501-221-0088
Fax: [phone]
Email: [e-mail]
By: /s/ Steve Rauls
Steve Rauls
Ark. Bar No. 2011170
Attorneys for Plaintiff

Winford L. Dunn, Jr.
DUNN, NUTTER & MORGAN, LLP
3601 RICHMOND ROAD
TEXARKANSA, TX 75503
903-793-5651

By:

/s/ Winford L. Dunn (with permission)
Winford L. Dunn
Ark. Bar No. 67016
[e-mail]

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