Riddick v. American Honda Motor Company, Inc. et al
Filing
10
PROTECTIVE ORDER. Signed by Honorable Timothy L. Brooks on July 19, 2024. (lgd)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
CASSIE RIDDICK, as Administrator of the ESTATE
OF VIOLET LEGER, Deceased, and on Behalf of Herself,
Individually, the Wrongful Death Beneficiaries, and as
Guardian Ad Litem for Minor Child NATALIE LEGER,
and GLENN CHAMBERLAIN
V.
PLAINTIFFS
CASE NO. 5:24-CV-5116
AMERICAN HONDA MOTOR COMPANY, INC.
and DOES 1 through 50, inclusive
DEFENDANTS
PROTECTIVE ORDER
The parties stipulate to the Court’s entry of the following protective order to govern
pretrial discovery in this case:
1.
Confidential Information. Confidential information is information that is
normally kept secret and that derives independent value from being kept
secret. Examples of confidential information include social security
numbers, medical information, trade secrets, and other confidential
research, development, or commercial information.
2.
Designation. When designating information as confidential, the parties
must make every effort to limit claims of confidentiality to specific citations—
such as sentences, paragraphs, or pages—rather than entire documents or
large page ranges.
a.
To designate documentary information—such as paper or electronic
documents but excluding deposition transcripts—as containing
confidential information, the producing party must conspicuously
mark each page that contains confidential information with the word
“CONFIDENTIAL.” If only a portion or portions of the material on a
page qualifies for protection, the designating party also must clearly
identify the confidential portion(s) (e.g., by making appropriate
markings in the margins).
b.
To designate an interrogatory answer as confidential, the answering
party must insert the word “CONFIDENTIAL” in brackets at the
beginning of each answer claimed to contain confidential
information.
c.
To designate all other information or items as confidential, the
designating
party
must
conspicuously
affix
the
word
“CONFIDENTIAL” to the portion or portions of the information or
items that warrants protection under this Order.
If timely corrected, a party’s inadvertent failure to designate information or items
as confidential does not, standing alone, waive the party’s right to secure protection under
this Order for such material.
3.
Disputes. The designating party has the burden to show designated
information is confidential, but the receiving party must treat as confidential
all designated information until the designating party removes its
designation or the Court rules that the information is not confidential. If the
parties cannot agree on a designation or otherwise have a dispute arising
under this Order, the parties must follow the procedures for resolution of a
discovery dispute provided in the case management order.
4.
Dissemination. Confidential Information shall be used only for the purpose
of this litigation. Confidential information may not be given, shown, made
available, or communicated to anyone except the following:
a.
the Court and its staff;
b.
the parties in this case, including a party’s officers, directors,
partners, managers, members, employees, and independent
contractors;
c.
counsel of record for any party in this case, including other attorneys
and support personnel in counsels’ law firms and third parties
engaged for litigation support;
d.
experts and consultants—including their employees, associates, and
support staff—retained by a party for the preparation or trial of this
case, provided they have first read this Protective Order and have
agreed to abide by its terms and have signed a written certification
in the form attached as Exhibit "A." Counsel for all parties to this
action shall maintain such certifications and shall provide copies of
them to counsel of the party or parties producing the Protected
Document upon request within sixty (60) days following the
conclusion of the case;
e.
witnesses who may give deposition or trial testimony in this case and
to whom disclosure is reasonably necessary;
f.
court reporters, videographers, and other support staff engaged for
depositions;
g.
the original author or recipient of a document containing the
information or a custodian or other person who otherwise possessed
or knew the information;
h.
any other person for whom the designating party provides prior,
written consent; and
i.
any other person as this Court may order.
When giving confidential information to anyone, other than the Court or its
staff, the disclosing party must provide the recipient with a copy of this Order and
obtain a signed copy of the attached Acknowledgment form from the recipient.
5.
Filing. Any confidential material disclosed in any pleading, motion,
deposition transcript, brief, exhibit, or other filing with the Court shall be
maintained under seal. To the extent such confidential filing is capable of
redaction, the redacted version of the document is to be filed on the public
docket, with the unredacted version filed in CM/ECF using the Civil or
Criminal RESTRICTED event → Sealed Document. The redacted version
of a confidential filing may include, when necessary, slip pages
appropriately labeled "UNDER SEAL" to indicate the exhibits or other
materials that have been omitted in their entirety from the public filing. The
parties are permitted to file confidential information without further leave of
Court. However, in no event shall an entire motion or brief be filed under
seal without a corresponding redacted version of the motion or brief also
filed on the public docket unless prior leave of Court is sought and granted.
6.
Duration. After the final resolution of this case—including any appeals—
the confidentiality obligations imposed by this Order shall remain in effect
until a designating party agrees otherwise in writing or a court orders
otherwise.
7.
Return or Destruction of Information. Within 60 days of the final
resolution of this case—including any appeals—the receiving party must
return or destroy and, if applicable, permanently delete from all databases
all information designated as confidential. However, counsel of record may
retain a copy of any confidential information that has been filed with the
Court. Each party's counsel will certify by affidavit to counsel for the party
producing the Confidential information that this Protective Order has been
complied with by them and their experts/consultants.
IT IS SO ORDERED on this 19th day of July, 2024.
/s/ Timothy L. Brooks_____________
TIMOTHY L. BROOKS
UNITED STATES DISTRICT JUDGE
EXHIBIT “A”
[ATTACH FULLY EXECUTED PROTECTIVE ORDER TO THIS AFFIDAVIT]
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
CASSIE RIDDICK, as Administrator of the ESTATE
OF VIOLET LEGER, Deceased, and on Behalf of Herself,
Individually, the Wrongful Death Beneficiaries, and as
Guardian Ad Litem for Minor Child NATALIE LEGER,
and GLENN CHAMBERLAIN
V.
PLAINTIFFS
CASE NO. 5:24-CV-5116
AMERICAN HONDA MOTOR COMPANY, INC.
and DOES 1 through 50, inclusive
DEFENDANTS
AFFIDAVIT OF [INSERT NAME OF AFFIANT] RE PROTECTIVE ORDER
I,
(insert name of recipient of the documents) declare under penalty of
perjury under the laws of the State of Arkansas that the following is true and correct:
1.
My full name and business address are:
2.
I have read and fully understand the attached Protective Order.
3.
I am fully familiar with and agree to comply with and be bound by the
provisions of said Protective Order and submit to the jurisdiction of the court in which this
matter is pending for any proceedings with respect to said Protective Order.
4.
I will not discuss or divulge to persons, other than those specifically
authorized by this Protective Order, and will not copy or use, except solely for the
purposes of this action and for no other purposes, any documents, materials or
information obtained pursuant to said Protective Order.
EXECUTED this _______ day of ________________, 20__.
_____________________________
SIGNATURE OF AFFIANT
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?