Pryor v. Ashley Furniture Industries, Inc. et al

Filing 32

PROTECTIVE ORDER. Signed by Magistrate Judge Jane M. Virden on 09/22/2014. (lec)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
OXFORD DIVISION
MICHAEL PRYOR

Plaintiff
CIVIL ACTION NO.: 3:13cv313

ASHLEY FURNITURE INDUSTRIES, INC.
AND JOHN AND JANE DOES 1-10

Defendants

STIPULATED PROTECTIVE ORDER
Defendant Ashley Furniture Industries, Inc. (“Defendant”) and Plaintiff Michael Pryor,
by and through counsel, hereby stipulate and agree to the following Protective Order to be
entered in this case pursuant to Rule 26(c) of the Federal Rules of Civil Procedure.
1.

CONFIDENTIAL INFORMATION
This Order applies to all documents, materials, things or information produced during the

course of this action that are in good faith designated by the party producing it as
“CONFIDENTIAL” in the following manner: (1) for documents, in a conspicuous manner on
each page or section of text that warrants protection, before production to the opposing party or
the Court; (2) for testimony, as set forth herein; and (3) for any other alleged trade secret or
similarly confidential and proprietary matter, in a manner appropriate to notify properly the
opposing party or the Court that the matter is subject to the provisions of this Order.
“CONFIDENTIAL” information means information in written, oral, electronic,
graphic/pictorial, audiovisual, or other form, whether it be a document or information contained
in a document, or revealed during a deposition, in a hearing, in an interrogatory answer,, or
otherwise during discovery (1) that is designated in good faith as such by the producing party,
and (2) that, as claimed by the producing party, (a) contains non-public personal information of

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non-party individuals or (b) constitutes or contains a trade secret or other confidential research,
development or commercial information, including, but not limited to: proprietary technical data
regarding current or future commercial products; present or future marketing plans; pricing
policies; customer lists; product profit data and projections; confidential financial data of the
parties; personal, confidential personnel data and policies; and improved products currently in
design, that have been maintained by the producing party as protected trade secret information.
2.

INADVERTENT FAILURE TO DESIGNATE
Except as otherwise provided in this Order, inadvertent failure to designate information

as “CONFIDENTIAL” will not be deemed a waiver of any claim of confidentiality as to that
matter and thereafter may be corrected by supplemental written notice. Treating the material in a
non-confidential manner before supplemental written notice will not be deemed a breach of this
Order by the receiving party. However, when it receives the supplemental written notice, the
receiving party must abide by the terms of this Order and must retrieve, to the extent reasonably
possible, the information and any documents containing it.
3.

PERMITTED DISCLOSURE
a.

Information designated as “CONFIDENTIAL” by the party or person producing

it, may not be disclosed to any person other than:
i.

the parties;

ii.

the Court and appropriate administrative personnel;

iii.

outside counsel of record for the parties;

iv.

members of the legal, paralegal, secretarial, or clerical staff of counsel
who are assisting in or responsible for working on this litigation;

v.

outside experts or consultants for the parties as permitted in this Order;

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vi.

court reporters during depositions in which confidential material is
marked; and

vii.

deponents during depositions in which material is marked as
“CONFIDENTIAL.”

b.

A party may not disclose to persons listed in paragraph 3(a)(v) until the person to

whom disclosure is to be made is given a copy of this Order and agrees in writing to comply with
the terms of this Order in the form attached as Exhibit A.
The provisions of this paragraph 3 will survive final termination of this action.
4.

FILING WITH COURT
In the event any party wishes to file with the Court documents that contain or reflect

“CONFIDENTIAL” information designated as such by the opposing party, the party must
inform the opposing party of its intent to file the documents at least 14 days before filing them to
give the opposing party an opportunity to either waive the confidential designation or ask the
court for permission to file the documents under seal. In any event, a party who wishes to file
confidential information must do so by following the provisions of L.U.Civ.R. 79.
5.

DEPOSITIONS
A party may designate any portion of a deposition containing Confidential Information

(as defined above) as “CONFIDENTIAL” by so stating on the record at the time testimony is
given. In the absence of a contemporaneous statement, the testimony of the witness will be
considered as information designated “CONFIDENTIAL” until the expiration of five (5) days
after the deposition transcript is received. If counsel for plaintiff or defendant believes that any
deposition transcript, or portions of them, not previously designated should be designated as
“CONFIDENTIAL,” counsel must so state in writing to opposing counsel within that 5-day
period, identifying the specific pages and lines constituting confidential material.
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6.

TESTIMONY AT HEARINGS OR TRIAL
If a party wishes to place under seal all or part of a transcript of testimony containing

“CONFIDENTIAL” information provided before the court at a hearing or at trial, that party must
move to seal the testimony for good cause shown to provide the court an opportunity to
determine whether good cause exists to seal the record in accordance with Fed. R. Civ. P. 26(c)
or L.U.Civ.R. 79. Any party and any interested member of the public may challenge the filing of
particular documents under seal.
7.

USE FOR THIS ACTION
No person who receives information designated “CONFIDENTIAL” by discovery in this

matter may make use of that information, directly or indirectly, except for the purposes of
presenting claims or defenses in this action nor may they use this information in any other case
or dispute nor for any private business or commercial purpose whatsoever.
8.

PRESERVING CONFIDENTIALITY
The persons who receive confidential information must take all necessary and proper

steps to preserve the confidentiality of information designated “CONFIDENTIAL.” Nothing in
this Order prevents a receiving party from using any information designated “CONFIDENTIAL”
during depositions, at a hearing of this matter, or in connection with papers filed with the Court,
as long as that party maintains the confidentiality of that information under the provisions of this
Order. “CONFIDENTIAL” information may be used or disclosed by the receiving party to a
witness only as explicitly and expressly permitted by this Order.

The provisions of this

paragraph 8 will survive final termination of this action.
9.

NO WAIVER OF OBJECTIONS
Nothing contained in this Order: (a) shall be construed as a waiver by a party or person

of its right to object to the subject matter of any discovery request, or as an agreement by any
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party or person to produce documents, supply information or permit entry upon land under Fed.
R. Civ. P. 34; (b) constitutes an admission that any evidence exists or that evidence that may
exist is relevant in any way to the issues; or (c) may be construed as a waiver of any privilege.
No party is obligated to challenge immediately the propriety of “CONFIDENTIAL” designation,
and the failure to do so does not preclude a later challenge to the propriety of the designation.
Except as provided for in this Order, nothing in this Order, or any actions taken under it,
may be deemed to have the effect of an admission or waiver by any party.
10.

AFTER TERMINATION OF ACTION
Within thirty days after final termination of this action, including appeals or expiration of

the time in which to appeal, counsel who has designated documents as confidential must notify
opposing counsel if he or she wants the documents returned; otherwise, they will be destroyed.
11.

PUBLIC KNOWLEDGE
The restrictions set forth in this Order do not apply to information or material that:
a.

Was, is or becomes public knowledge, not in violation of this Order;

b.

Is acquired lawfully by the non-designating party from a third party;

c.

Was lawfully possessed by the non-designating party before entry by the Court of

this Order;
d.

Was independently developed by the non-designating party without resort to

information or material produced by the producing party; or
e.

Is determined by this Court to fall outside of the protections afforded by Fed. R.

Civ. P. 26(c).
The provisions of this Order apply to each item of information designated
“CONFIDENTIAL” until otherwise agreed by counsel of record or the parties or by court order.

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SO ORDERED this, the 22nd day of September, 2014.

/s/Jane M. Virden
UNITED STATES MAGISTRATE JUDGE

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AGREED TO:

/s/ Randall E. Day III
Randall E. Day III, MS Bar No. 9722
MITCHELL DAY LAW FIRM, PLLC.
618 Crescent Blvd., Suite 203
Ridgeland, MS 39157
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

/s/ Krissy C. Nobile
Krissy C. Nobile (103577)
PHELPS DUNBAR LLP
201 South Spring Street, 7th Floor
Tupelo, MS 38804
Phone: [phone]
Fax: [phone]
[e-mail]

Attorneys for Plaintiff

W. Thomas Siler, Jr.
PHELPS DUNBAR LLP
P. O. Box 16114
Jackson, MS 39236-6114
[e-mail]
Attorneys for Defendant

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EXHIBIT A
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
OXFORD DIVISION
MICHAEL PRYOR

Plaintiff
CIVIL ACTION NO.: 3:13cv313

ASHLEY FURNITURE INDUSTRIES, INC.
AND JOHN AND JANE DOES 1-10

Defendants

I have read the Stipulated Protective Order concerning the confidentiality of information
in the above-captioned litigation. I understand that the Stipulated Protective Order is an order
designed to preserve the confidentiality of certain confidential information. I also understand
that the Stipulated Protective Order restricts the use, disclosure and retention of such confidential
information and also requires the safeguarding and return of documents and other materials
containing confidential information.
I agree to comply with all provisions of the Stipulated Protective Order with respect to
any information designated confidential that is furnished to me, including the provisions of
paragraph 8 regarding preserving confidentiality.

I further hereby submit myself to the

jurisdiction of the Court for purposes of enforcement of the provisions of the Protective Order.

Date

Signature

5507421.1

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