Johnston v. Progressive Environmental Services, Inc.
AGREED PROTECTIVE ORDER. Signed by Honorable Susan O. Hickey on May 1, 2017. (mll)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
PROGRESSIVE ENVIRONMENTAL SERVICES, INC.
and JARED STANLEY
AGREED PROTECTIVE ORDER
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. The parties agree that
the confidentiality of such information and documents shall be preserved under the
terms of this Protective Order.
Documents produced by the defendants to which this Protective Order
is applicable shall be stamped "CONFIDENTIAL -- SUBJECT TO PROTECTIVE
ORDER" on every page. Such documents shall include the following but no others:
(1) the driver qualification file for Jared Stanley; and (2) the personnel file for Jared
The designation of “CONFIDENTIAL -- SUBJECT TO PROTECTIVE
ORDER” may be made by placing the notice on the document in a location that does
not cover or mark over any textual material if possible.
It is agreed that material requested by any of the parties, and subject
to this Protective Order, 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:
Counsel for Plaintiff and counsel for the Defendants who are actively
engaged in the conduct of this litigation and their staff to the extent
reasonably necessary to render professional services in the litigation;
The parties to the litigation and their experts; and
Any other individuals included by order of the Court or stipulation of
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.
The defendants may designate as “CONFIDENTIAL -- SUBJECT TO
PROTECTIVE ORDER” portions of any deposition transcript wherein confidential
information or materials designated as “CONFIDENTIAL -- SUBJECT TO
PROTECTIVE ORDER” 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 and lines of the transcript that are designated as “CONFIDENTIAL -SUBJECT TO PROTECTIVE ORDER.” The portions of a deposition transcript that
mention or discuss materials designated as “CONFIDENTIAL -- SUBJECT TO
PROTECTIVE ORDER” must be treated as “CONFIDENTIAL -- SUBJECT TO
PROTECTIVE ORDER” 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 -- SUBJECT TO PROTECTIVE ORDER” by 5:00 p.m. Central
Time on the twenty first (21st) business day after receipt of the transcript are
excluded from the protections of this Protective Order.
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
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 documents.
No lawyer for a party may comment in the presence of the jury on the
reasons or motivation for designating materials as “CONFIDENTIAL -- SUBJECT
TO PROTECTIVE ORDER” without first having obtained permission from the
Court to do so.
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. Unless the stipulation of the
parties or order of the Court expressly states otherwise, this paragraph does not
apply to individuals authorized to receive Confidential information and documents
under Paragraph 3(c) of this Protective Order.
The party or parties receiving Confidential material shall not under
any circumstances sell, offer for sale, advertise for sale, or publicize for sale any of
the Confidential material or any information contained therein.
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.
Within sixty (60) days after the conclusion of all aspects of the
litigation of this case, whether by settlement, final judgment or appeal, confidential
documents and all copies in print (other than exhibits of record), on computer disc
or in any type of electronic format shall be destroyed or returned to the party which
produced the documents.
IT IS SO ORDERED, on this 1st day of May, 2017.
/s/ Susan O. Hickey________
Susan O. Hickey
United States District Judge
AGREED AS TO FORM:
McMATH WOODS P.A.
711 West Third Street
Little Rock, AR 72201
Telephone: (501) 396-5400
Facsimile: (501) 374-5118
Baxter D. Drennon (2010147)
Wright, Lindsey & Jennings, LLP
200 W. Capitol Avenue, Suite 2300
Little Rock, AR 72201-3699
Attorney for Defendants
/s/ Neil Chamberlin
Neil Chamberlin, AR Bar #93222
Will Bond, AR Bar #95145
Attorneys for Plaintiff
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