Jordan v. Central Transport, LLC et al

Filing 19

AGREED PROTECTIVE ORDER. Signed by Honorable Susan O. Hickey on May 24, 2017. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
MARQCHELLO JORDAN
v.

PLAINTIFF
Case No. 4:17-cv-4011

CENTRAL TRANSPORT, LLC,
et al.

DEFENDANTS

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.
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 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;

b.

The parties to the litigation and their experts; and

c.

Any other individuals included by order of the Court;

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

2

not designated as “CONFIDENTIAL” 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.
4.

The parties agree that they will protect the confidentiality of

documents produced in this case by third parties (“Third-Party Confidential
Information”) and agree to extend the provision of this Protective Order to ThirdParty Confidential Information produced by third parties in this case. To
accomplish this purpose, the parties will provide third parties with a copy of this
Protective Order and advise those third parties to follow the requirements of this
Protective Order with regard to designating information as confidential. Any
documents or other materials produced by third parties that is designated as
“CONFIDENTIAL” pursuant to this Protective Order shall be treated as ThirdParty Confidential Information and be subject to this Protective Order’s provisions
governing confidential information.
5.

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

3

“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.
6.

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.
7.

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.
8.

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.

4

9.

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.
10.

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, that party shall immediately notify the opposing
party and provide it with an opportunity to object before any disclosure is made.
11.

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 24th day of May, 2017.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge

5

AGREED AS TO FORM AND CONTENT:
BAILEY & OLIVER LAW FIRM
3606 Southern Hills Boulevard
Rogers, Arkansas 72758
[phone]
FAX: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]

By /s/ T. Ryan Scott
Sach D. Oliver (2006251)
Frank H. Bailey (74004)
T. Ryan Scott (2008161)
Geoff D. Hamby (2015171)
Co-counsel for plaintiff

WRIGHT, LINDSEY & JENNINGS LLP
200 West Capitol Avenue, Suite 2300
Little Rock, Arkansas 72201-3699
[phone]
FAX: [phone]
[e-mail]
[e-mail]

By /s/ Michael A. Thompson
Kyle R. Wilson (89118)
Michael A. Thompson (2010146)
Attorneys for defendant Central
Transport, LLC

6