Forrester v. Lafayette County, Arkansas

Filing 13

PROTECTIVE ORDER. Signed by Honorable Susan O. Hickey on April 5, 2017. (mll)

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

PLAINTIFF

v.

Case No. 4:16-CV-4101

LAFAYETTE COUNTY, ARKANSAS

DEFENDANT

STIPULATED CONFIDENTIALITY AND PROTECTIVE ORDER
Plaintiff Earl Forrester (“Plaintiff”) and Defendant Lafayette County, Arkansas, (“Defendant”)
hereby agree and stipulate as follows:
1.

This Stipulated Confidentiality and Protective Order shall apply to any and all

documents produced by Plaintiff or Defendant and marked as "Confidential" (the “Confidential
Documents”).
2.

Plaintiff and Defendant hereby stipulate and agree that the Confidential Documents are

confidential unless challenged as provided in paragraph 5 below, and that they shall only be disclosed
by the attorneys for Plaintiff and Defendant to the following individuals to the extent the attorneys
reasonably deem disclosure necessary for proper litigation:
a.
b.

Plaintiff or Defendant;

c.

Counsel for Plaintiff or Defendant, as well as their paralegals
and clerical staff;

d.

Outside experts or consultants retained by counsel for Plaintiff
or Defendant; and

e.
3.

The Court, its employees, court reporters and the jury;

Non-party witnesses in the course of depositions or interviews
or preparation for same.

Any person referenced in Paragraphs (a) through (e) who is either shown all or part of a

Confidential Document (either directly or indirectly—e.g., by being shown a deposition transcript or a

STIPULATED CONFIDENTIALITY AND PROTECTIVE OVER – Page 1

motion to which the Confidential Document has been attached), or who is told about information
contained in a Confidential Document, must be told by the attorney at the same time that the Court has
ordered that the Confidential Document (or information, if applicable) is confidential, and that the
person is not to show the Confidential Document nor convey any information contained in the
Confidential Document to anyone else.
4.

Any testimony given at trial or during a deposition concerning a Confidential

Document or the contents thereof shall likewise be considered a Confidential Document for the
purposes of this Order.
5.

Documents or discovery responses containing Confidential Information disclosed or

produced by any party in this litigation are referred to as “Confidential Documents.” Except as
otherwise indicated below, all documents or discovery responses designated by the producing party as
“Confidential” and which are disclosed or produced to the attorneys for the other parties to this
litigation are Confidential Documents and are entitled to confidential treatment as described
hereinabove.
At any time after the delivery of Confidential Documents, counsel for the party or parties
receiving the Confidential Documents may challenge the Confidential designation of all or any portion
thereof by providing written notice thereof to counsel for the party disclosing or producing the
Confidential Documents. If the parties are unable to agree as to whether the confidential designation of
discovery material is appropriate, the party or parties receiving the Confidential Documents shall
certify to the court that the parties cannot reach an agreement as to the confidential nature of all or a
portion of the Confidential Documents. Thereafter, the party or parties disclosing or producing the
Confidential Documents shall have ten (10) days from the date of certification to file a motion for
protective order with regard to any Confidential Documents in dispute. The party or parties producing
the Confidential Documents shall have the burden of establishing that the disputed Confidential
Documents are entitled to confidential treatment. If the party or parties producing the Confidential
STIPULATED CONFIDENTIALITY AND PROTECTIVE OVER – Page 2

Documents do not timely file a motion for protective order, then the Confidential Documents in dispute
shall no longer be subject to confidential treatment as provided in this Order. All Confidential
Documents are entitled to confidential treatment pursuant to the terms of this Order until and unless the
parties formally agree in writing to the contrary, a party fails to timely move for a protective order, or a
contrary determination is made by the Court as to whether all or a portion of a Confidential Document
is entitled to confidential treatment.
6.

Inadvertent or unintentional production of documents or information containing

Confidential Information which are not designated “confidential” shall not be deemed a waiver in
whole or in part of a claim for confidential treatment.
7.

Counsel for Plaintiff and Defendant must maintain the Confidential Documents in their

possession unless they, or some of them, are being shown to someone else in a manner consistent with
this Order. Within ten days after the final disposition of this case (either through judgment, order of
dismissal, denial of post-trial motion, or affirmation of judgment or order of dismissal), the attorneys
for Plaintiff and Defendant must return the Confidential Documents to the producing party, except that
counsel only may keep one copy set of any Confidential Documents used as exhibits or evidence at any
hearing or deposition in this action, and such copy set will continue to be governed by this Stipulated
Confidentiality and Protective Order.
8.

Neither Plaintiff nor Defendant shall use, copy, or retain the Confidential Documents

for any purpose, business or otherwise, other than as set forth in this Stipulated Confidentiality and
Protective Order.
IT IS SO ORDERED, this 5th day of April, 2017.

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

STIPULATED CONFIDENTIALITY AND PROTECTIVE OVER – Page 3

AGREED AND STIPULATED:

ATCHLEY, RUSSELL, WALDROP & HLAVINKA, L.L.P.

By:

/s/ Louise Tausch
Louise Tausch
AR Bar No. 86212
TX Bar No. 19680600
Email: [e-mail]
Brandon Cogburn
AR Bar No. 02094
TX Bar No. 24038824
Email: [e-mail]
1710 Moores Lane
P.O. Box 5517
Texarkana, Texas 75505-5517
Tel [phone] / Fax [phone]
ATTORNEYS FOR PLAINTIFF,
EARL FORRESTER

RAINWATER, HOLT & SEXTON, P.A.

By:

/s/ Thomas J. Diaz by permission
Thomas J. Diaz
6315 Ranch Drive
Little Rock, Arkansas 72223
Email: [e-mail]
Tel
501-868-2500
Fax
501-868-2505
ATTORNEY FOR DEFENDANT,
LAFAYETTE COUNTY, ARKANSAS

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