Hoskins v. Droder et al

Filing 58

PROTECTIVE ORDER. Signed by Magistrate Judge Jane M. Virden on 7/3/18. Associated Cases: 3:17-cv-00224-MPM-JMV, 3:18-cv-00099-MPM-JMV (ncb)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF MISSISSIPPI
ORFORD DIVISION
LALANGIE HOSKINS,
Plaintiff,
Case No. 3:17-cv-00224-MPM-JMV
CONSOLIDATED
3:18-cv-99-NBB-RP

v.

EUGENE DRODER, III, ANGEL
CONTRERAS, AND GE AVIATION
Defendants.

PROTECTIVE ORDER GOVERNING USE AND DISCLOSURE OF CONFIDENTIAL
INFORMATION
This matter came before the Court based on Defendants’ Amended Motion for
Entry of Protective Order Governing Use and Disclosure of Confidential Information
Disclosed in Discovery (“Motion for Protective Order”). Based on the discussions during
the telephonic case management conference on June 11, 2018, and the status
conference on June 29, 2018, the Motion for Protective Order and the entire record
herein, the Court has determined that Defendants’ Amended Motion for Entry of
Protective Order Governing Use and Disclosure of Confidential Information Disclosed in
Discovery is well taken and should be granted and that a protective order with the terms
below should be entered,
IT, THEREFORE, IS ORDERED AS FOLLOWS:
1.

Either party may designate any document, thing, material, testimony or

other information derived therefrom, as "Confidential" under the terms of this Protective
Order.

2.

"Confidential Information" is information that a party is producing in this

case (“the producing party”) to the other party (“the receiving party”) and which the
producing party reasonably believes has not lawfully been made public and which
concerns or relates to the personnel information, medical information, processes,
objectives, strategies, plans, operations, products, services, contracts, terms, sales,
purchases, transfers, vendors, identification of customers, customer information,
customer relationships, costs, profits, losses, financial information, business forecasts,
or expenditures of any person, firm, corporation, or other organization or any other
information which a Party believes warrants protection as confidential information. This
Order shall apply to Confidential Information in the possession of the receiving party.
This Order shall not apply to information that remains in the possession of the producing
party, whether Plaintiff or Defendant, without regard to whether it is produced in this
case.
3.

Documents or other materials in any form containing Confidential

Information (collectively “documents”) that are being designated confidential under this
Order shall be so designated by writing, typing, stamping or otherwise affixing the
legend "CONFIDENTIAL" (and such other and further legend as may reasonably be
included to specify such confidentiality) on copies of the document. Stamping or affixing
the legend "CONFIDENTIAL" on the cover of any multi-page document shall designate
all pages of the document as confidential, unless otherwise indicated.

Confidential

documents (including deposition transcripts) also may be so designated after production
by written communication and reproduction with a "CONFIDENTIAL" legend for
purposes of substitution of the original documentation, and all parties shall use their

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best efforts to ensure that no prior disclosure shall be used or re-disclosed contrary to
the terms of this Order.
(a)

The

inadvertent

or

unintentional

disclosure

of

Confidential

Information shall not be deemed a waiver in whole or in part of either party’s claim of
confidentiality.

Any such inadvertently or unintentionally disclosed Confidential

Information shall be designated as Confidential Information as soon as reasonably
possible after the producing party becomes aware of the inadvertent or unintentional
disclosure and provides the other parties with a duplicate copy bearing the legend
"CONFIDENTIAL," whereupon the unmarked copies will be returned or destroyed.
(b)

The designation of information as "CONFIDENTIAL" shall not be

construed as a concession by either party that such matter is relevant or material to any
issue in this action.
(c)

Information designated as "CONFIDENTIAL" under this Order, and

any summaries, copies, abstracts, or other documents derived in whole or in part from
information designated as confidential, shall be used by the parties to whom such
information is provided, only for the purpose of the prosecution, defense or settlement of
the claims asserted in this action, any trial and appeal of this action and the
enforcement of any award or judgment based on such claims, and for no other purpose.
4.

Recognizing the legitimate confidentiality needs of Defendants, all

discovery taken from Defendants shall be used by the Plaintiff only for purposes of
resolving the claims asserted in this action, any trial and appeal of this action, and
enforcement of any award or judgment thereon.
5.

Confidential Information, produced pursuant to this Order, may be

disclosed or made available by the receiving party only to counsel for that party

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(including the paralegal, clerical and secretarial staff employed by such counsel), to a
trier of fact or law in any forum in which the claims asserted in this action may be
adjudicated or enforced and the administrators of that forum, and to "Qualified
Persons." A Qualified Person is a person who falls into one of the categories set forth
below:
(a)

the party, or in the case of the corporate defendant, a current or

former officer, director, manager, counsel or employee of the party deemed necessary
by counsel to aid in the prosecution, defense or settlement of this action;
(b)

experts or consultants (together with their clerical staff) retained by

the party or counsel to assist in the prosecution, defense or settlement of this action;
(c)

witnesses who are being questioned about their knowledge of the

case or who are preparing for or testifying at deposition or at the hearing of this matter
either during their testimony or in preparation therefore;
(d)

court reporters and videographers employed in this action and their

(e)

any person to whom disclosure is reasonably necessary to enforce

support staff;

any award or judgment rendered against any party in this proceeding; and
(f)

any other person ordered by the Court or as to whom all parties in

writing agree.
6.

This Order shall be without prejudice to the right of any party at any time

after information is designated Confidential Information to file a motion with the Court:
(i) to challenge the designation of any particular document or information as Confidential
or whether its use should be restricted, provided such party has first made a good-faith
attempt to resolve such question with the producing party; or (ii) to seek a separate

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protective order as to any particular document or information, including restrictions
differing from those as specified herein. Notwithstanding the foregoing, any party who
desires to file Confidential Information on the public docket in connection with a motion,
or otherwise, must provide advance notice to the producing party, who shall have 3
business days in which to file a motion to seal the Confidential Information in
accordance with L.U.Civ.R. 79. During the pendency of such motion, the Information
will continue to be treated as confidential pursuant to the terms of this order. In the
event no motion to seal is filed or the motion to seal is denied, the Confidential
Information may be filed on the public docket. The Order shall not be deemed to
prejudice either party in any way in any future application for modifications of this Order.
Any information or documents designated as Confidential Information which are subject
to challenge pursuant to this paragraph shall be treated as Confidential Information in
accordance with the terms of this Order until such time as the Court rules otherwise.
7.

This Order shall survive the final termination of this action and the Court

shall retain jurisdiction for ninety (90) days to enforce, construe or modify its terms.

/s/ Jane M. Virden
U. S. MAGISTRATE JUDGE
Date: July 3, 2018

APPROVED:
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/s/ John W. Simmons
John W. Simmons
Sheerin Mehdian
Attorneys for General Electric Company,
Eugene Droder, III, and Angel Contreras
Littler Mendelson, P.C.
3725 Champion Hills Drive, Suite 3000
Memphis, TN 38125
Telephone: [phone]
E-mail: [e-mail]

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