Remington et al v. J.B. Hunt Transport, Inc.

Filing 63

Judge Richard G. Stearns: ORDER entered granting 62 Motion for Protective Order pursuant to the parties' stipulation. (RGS, int2)

Case 1:15-cv-10010-RGS Document 62 Filed 11/04/16 Page 1 of 10

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS

WILLIAM REMINGTON and MUSAN
DURAKOVIC, on behalf of themselves and
others similar situated,
Plaintiffs,
v.
J.B. HUNT TRANSPORT, INC.,
DEFENDANT.

ABE SILFANI, on behalf of himself and
others similar situated,
Plaintiffs,
v.
J.B. HUNT TRANSPORT, INC.,
DEFENDANT.

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CIVIL ACTION NO. 1:15-cv-10010

CIVIL ACTION NO. 1:15-cv-13019

STIPULATED CONFIDENTIALITY AGREEMENT
AND PROTECTIVE ORDER
This matter comes before the Court, pursuant to Rule 26(c) of the Federal Rules of Civil
Procedure, for the entry of a Protective Order governing the disclosure of confidential
information by Defendant J.B. Hunt Transport, Inc. (“Defendant”) and Plaintiffs William
Remington, Musan Durakovic and Abe Silfani (collectively, “Plaintiffs”) (each a “Disclosing
Party” and collectively, the “Disclosing Parties”) during this lawsuit. The Disclosing Parties

Case 1:15-cv-10010-RGS Document 62 Filed 11/04/16 Page 2 of 10

have agreed, as set forth in this Stipulated Confidentiality Agreement and Protective Order, to
treat certain information as “Confidential” and subject to the protections afforded herein. As
such, the Parties hereby stipulate and request that the Court enter a mutual protective order
pursuant to Fed. R. Civ. P. 26 (as amended), as follows:
1.

Definition of “Documents or Information.”

The term “documents or information” shall be synonymous in meaning and equal in
scope to the usage of this term in Rule 34 of the Federal Rules of Civil Procedure, as amended.
2.

Designation and Use of Confidential Material.

A Disclosing Party may designate as “Confidential” any documents or information
produced in response to discovery requests or subpoenas which, in good faith, such Disclosing
Party deems confidential, including without limitation, any documents or information (a)
concerning any current or former employee or independent contractor of Defendant, including
without limitation documents containing compensation-related information, health or medicalrelated information, social security numbers, home addresses, or home telephone numbers, (b)
concerning any current, former, or prospective customer or business partner of Defendant, (c)
concerning financial or business information of a Disclosing Party, (d) concerning proprietary,
confidential or trade secret information of a third party, or other information that a Disclosing
Party is bound to keep confidential by agreement with a third party, (e) concerning Plaintiffs’
compensation-related information, health or medical-related information, information relating to
tax filings, social security numbers, home addresses, or home telephone numbers, or (f)
concerning any other personal, sensitive, proprietary, confidential or trade secret information of a
Disclosing Party. Such designation shall be made by stamping or otherwise affixing a label or

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Case 1:15-cv-10010-RGS Document 62 Filed 11/04/16 Page 3 of 10

sticker stating “CONFIDENTIAL” to the documents or information so designated at the time of
their production.
Documents previously produced may be retroactively designated, by a Disclosing Party
producing the document or by another Disclosing Party, by notice in writing identifying each
such document Bates number within a reasonable time before trial. Documents produced
without designation or with improper designation may be retroactively designated in the same
manner, within a reasonable time before trial and shall be treated as confidential from the date
written notice of the designation is provided to the Receiving Party. In the event of any change
in designation pursuant to this paragraph, the party making the change shall promptly provide
substitute copies of all documents as to which confidential status is claimed, with the
replacement documents to bear a stamp, label, or sticker identifying the document as
Confidential. Thereafter, the original, incorrectly designated documents (and all copies thereof)
shall be promptly destroyed or returned to the designating party, with confirmation in writing
upon request.
Information disclosed or discussed in a deposition may be designated as “Confidential”
by any Disclosing Party by so indicating on the record at the time of the deposition or, within
thirty (30) days after receipt by the Disclosing Party of the applicable deposition transcript, by
notifying counsel for the other Disclosing Party in writing as to which portions of the deposition
transcript contain “Confidential” information.
All documents or information marked or designated “Confidential” in accordance with
this Protective Order shall be used solely for the purpose of conducting the above-captioned
proceeding (the “Proceeding”), and not for, or in connection with, any other cases or disputes or
for any other purpose. A recipient of any “Confidential” documents or information shall not

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Case 1:15-cv-10010-RGS Document 62 Filed 11/04/16 Page 4 of 10

disclose to anyone not specified in Paragraph 3 of this Protective Order any “Confidential”
documents or information without the prior written consent of the Disclosing Party who
produced such documents or information. Nothing contained in this Protective Order shall affect
the right of a Disclosing Party to use or disclose materials that such Disclosing Party has
produced and designated “Confidential” as such Disclosing Party sees fit; however, if a
Disclosing Party uses or discloses the documents in a manner inconsistent with the designation
of the documents as Confidential, and such use or disclosure is not inadvertent or unintentional,
and is left uncorrected upon discovery of such use or disclosure, the documents will not be
deemed Confidential for purposes of this Protective Order. All “Confidential” documents or
information obtained by any person shall be maintained carefully so as to preclude access by
persons who are not entitled to receive such documents or information.
3.

Disclosure of “Confidential” Documents or Information.

Other than at trial, a deposition related to this Proceeding, or a hearing or conference
regarding any motion in this Proceeding, documents or information marked or designated as
“Confidential” may not be disclosed or made available by a recipient of such documents or
information to any person other than:
(a)

William Remington, Musan Durakovic and/or Abe Silfani;

(b)

current or former employees of Defendant, whose assistance is needed in the

prosecution or defense of this Proceeding;
(c)

the in-house legal counsel of Defendant, and the clerical, paralegal, and secretarial

staff of such in-house legal counsel;
(d)

the counsel of record of any Disclosing Party, and the clerical, paralegal, and

secretarial staff of such counsel;

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Case 1:15-cv-10010-RGS Document 62 Filed 11/04/16 Page 5 of 10

(e)

individuals whom any party to this Proceeding intends to call as witnesses at trial,

provided that such party reasonably believes that the witness has information concerning the
documents or information;
(f)

outside experts or consultants who are engaged expressly for the purpose of

assisting in the Proceeding, as well as commercial copy services, data entry and computer
support organizations hired by and assisting outside counsel for a Disclosing Party; and
(g)

the Court, court personnel, any court or shorthand reporter or typist used to record

or transcribe testimony, and jurors or alternate jurors.
Nothing herein shall prevent any person from seeking, by written agreement of the
signatories hereto or court order, further, greater or lesser protection with respect to the use of
any “Confidential” materials in connection with this Proceeding.
4.

Signing of Declaration of Confidentiality.

Each person to whom disclosure is made pursuant to Paragraphs 3(e) or 3(f) shall be
given a copy of this Protective Order and shall sign a declaration, a copy of which is attached
hereto as Exhibit A, prior to receipt of any “Confidential” documents or information. Such
declaration shall state that the receiving party agrees that he or she is bound by the terms of this
Protective Order. Nothing contained herein shall limit the duty or obligation of a party to
produce documents in a timely manner pursuant to the Federal Rules of Civil Procedure or
pursuant to any agreed extension by the opposing party’s counsel of record. Each person to
whom the documents are exhibited and/or the information contained therein is disclosed hereby
submits himself or herself to the jurisdiction of this Court over his or her person, wherever he or
she shall be, for the enforcement of this Protective Order.

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5.

Return of Documents or Information.

At the conclusion of the Proceeding, all documents or information covered by this
Protective Order, and all copies of same, and all documents or portions thereof containing
information derived from documents or information covered by this Protective Order, shall be
returned by the receiving party or person to counsel for the Disclosing Party, or shall be
destroyed, and, if requested by the Disclosing Party, counsel of record for the Receiving Party
shall certify in writing within thirty (30) days of the conclusion of the Proceeding that such
material has been returned or destroyed. This paragraph shall not apply to such documents that
are exempted from this paragraph by an agreement and stipulation signed by the Disclosing Party
or its counsel of record.
6.

Disputes Regarding Designation of Material.

Where disputes arise as to the protected nature of any information or documents, such
disputes shall be resolved, if possible, by agreement by and among the Disclosing Parties. If an
agreement cannot be reached within thirty (30) days from a Disclosing Party’s receipt of a
written request from the Receiving Party that certain documents or information not be designated
as “Confidential,” the Disclosing Party may serve an appropriate motion, pursuant to the Local
Rules, requesting that certain information be designated “Confidential.”
7.

Protective Order Does Not Affect Right To Assert Privilege.

Nothing in this Protective Order shall affect any matter of attorney-client privilege, work
product immunity, or any other privilege or immunity, which matters shall be governed by the
applicable law of privilege or immunity. To the extent, however, that documents claimed to be
protected from discovery on the grounds of such privilege or immunity are held by this Court not

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Case 1:15-cv-10010-RGS Document 62 Filed 11/04/16 Page 8 of 10

[phone]
Fax: [phone]
Email: [e-mail]
Maura A. Greene, BBO No. 547204
LAW OFFICE OF MAURA GREENE LLC
One International Place
Boston, MA 02110
Tel. (617) 936 – 1580
Email: [e-mail]
J.B. HUNT TRANSPORT, INC.,
By its attorneys,
/s/ Stephen T. Melnick _________________
David Casey (BBO No. 077260)
Stephen T. Melnick (BBO No. 667323)
LITTLER MENDELSON, P.C.
One International Place, Suite 2700
Boston, MA 02110
[phone] (t)
[phone] (f)
[e-mail]
[e-mail]
DATED: November 4, 2016

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Case 1:15-cv-10010-RGS Document 62 Filed 11/04/16 Page 9 of 10

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS

WILLIAM REMINGTON and MUSAN
DURAKOVIC, on behalf of themselves and
others similar situated,
Plaintiffs,
v.
J.B. HUNT TRANSPORT, INC.,
DEFENDANT.

ABE SILFANI, on behalf of himself and
others similar situated,
Plaintiffs,
v.
J.B. HUNT TRANSPORT, INC.,
DEFENDANT.

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CIVIL ACTION NO. 1:15-cv-10010

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CIVIL ACTION NO. 1:15-cv-13019

DECLARATION AND AGREEMENT TO BE BOUND BY THE
STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER

1.

My name is _________________________________________________.

I live at ________________________________________________________________.

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Case 1:15-cv-10010-RGS Document 62 Filed 11/04/16 Page 10 of 10

I am employed as ___________________________________________________ (state position) by
___________________________________________________________ (state name and address of
employer).
2.

I am aware that a Stipulated Confidentiality Agreement and Protective Order (the

“Protective Order”) has been entered in the above case by the Court, and a copy thereof has been given to
me. I have read and understand the terms of the Protective Order. I agree to be bound by the terms of the
Protective Order.
3.

I promise that the documents and information designated as “Confidential” pursuant to

the Protective Order in this case will be used by me only in connection with the litigation of the above
captioned matter.
4.

I understand that any use or disclosure of information obtained by me from material

marked “Confidential” in any manner contrary to the provisions of the Protective Order will subject me to
sanctions for contempt by this Court.
5.

I agree to submit myself to the personal jurisdiction of this Court in connection with any

proceedings concerning the Protective Order.
(Signature of Declarant)

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