Johnson v. Quality Restaurant Concepts, LLC et al

Filing 40

PROTECTIVE ORDER. Signed by Magistrate Judge Jane M. Virden on 11/14/18. (bfg) (Main Document 40 replaced on 11/14/2018) (irw).

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
ROBBIE JOHNSON

PLAINTIFF

vs.

CIVIL ACTION NO. 4:18-cv-00065-DMB-JMV

QUALITY RESTAURANT CONCEPTS, LLC
d/b/a APPLEBEE'S NEIGHBORHOOD
GRILL AND BAR, JANE DOE and KATHY SEZNACK

DEFENDANTS

AGREED PROTECTIVE ORDER

This matter comes before the Court on stipulation of the parties as evidenced below. The
following provisions shall govern Plaintiff, Robbie Johnson, individually, and also on behalf of
Defendant, Quality Restaurant Concepts, LLC d/b/a Applebee's Neighborhood Grill and Bar,
Jane Doe and Kathy Seznack.
1.

In response to discovery in this matter, certain party/ies may identify or have

identified responsive materials that it considers confidential, proprietary, and sensitive, and that
that it wishes to protect from dissemination outside the confines of this litigation. This Order
shall control the disclosure and dissemination of such documents and information, and shall
apply to all parties in this case and to other persons as described herein.
2.

Until further order of the Court or stipulation of the parties to this action, all

disclosures, depositions, documents, and tangible things, including answers and responses to
interrogatories, responses to requests for production of documents or admissions, depositions of
employees, former employees, doctors, witnesses or consultants (hereinafter collectively referred
to as "information"), shall be subject to this Order.
3.

The disclosing party shall designate as confidential information that it has produced

or will produce only after a detennination that the information should be protected from disclosure
as sensitive, confidential, or proprietary.

4.

In making disclosures or responding to written discovery, the disclosing party may

so designate any portion of its response which contains information considered confidential by
marking the material as "Confidential- this is subject to the Protective Order" or "Confidential."
5.

Within five (5) days of receiving the transcript of any deposition, the disclosing

party shall designate any testimony confidential by notifying opposing counsel in writing of the
page and line numbers of the testimony deemed confidential. If the disclosing party fails to do so
within five (5) days after receiving the transcript, the deposition shall be deemed not confidential.
Except with the prior written consent of counsel for the disclosing party,

6.

confidential information may be shown or disclosed only to the following persons:
a.

Any counsel assisting in the prosecution or defense of this action;

b.

Employees of counsel assigned to and necessary to assist counsel in the
preparation ofthis action;

c.

Independent experts and consultants retained by counsel whose assistance
is deemed necessary by counsel for the prosecution or defense of this action,
and employees of such experts and consultants necessary to assist such
persons in performing their duties; and

d.
7.

Named parties to the case.

At the conclusion of the action, counsel for the parties will return all copies of the

documents marked "Confidential" to the disclosing party, or make reasonable effmts to destroy
same.
8.

Any such documents or information shall be used only for the purpose of litigating

this action.
9.

Any recipient of such confidential materials shall not disclose the same to any other

person to whom disclosure is not authorized by the terms of the Protective Order. Any recipient
of such confidential information shall exercise reasonable and appropriate care with regard to the
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storage, custody and/or use of such confidential information in order to ensure that the confidential
nature of the same is maintained consistent with this Order.
I 0.

Counsel for the parties in this action who receive such confidential information,

prior to receipt thereof, shall be furnished with a copy of this Protective Order, and shall execute
an acknowledgment letter, certifying that he/she will not use any such confidential information in
any way whatsoever except as allowed pursuant to this Order and agrees to be bound by its terms.
11.

If any party wants to file something on the docket that is claimed to be

confidential by the designating party, then that party shall give 3 days' notice to the designating
party of its intent, and the designating party may file a Motion to Seal, following the dictates of
L.U.Civ.R. 79. If the Court denies the Motion to Seal, then, after waiting 3 days from the date of
the Order Denying Motion to Seal, any party may use the document(s) that are the subject of the
Motion to Seal for any purpose in the case.
12.

Nothing contained in this Order shall relieve any party from his/her obligations

under Rule 11 of the Federal Rules of Civil Procedure.
13.

No party or their respective counsel, experts, or other persons retained by them to

assist in the preparation of this action shall under any circwnstances, sell, offer for sale,
advertise, or publicize the contents of confidential information.
14.

The terms of this Order shall remain confidential and this Order shall not be used,

disclosed, or cited by any party hereto in connection with any other proceeding, except in
connection with a motion seeking enforcement of the provisions of this Order.
Notwithstanding anything to the contrary within this Order, the use of confidential
documents at any hearing or trial of this matter will be at the discretion and controlled by the
presiding judge.

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AGREED AND APPROVED:

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Tangal . Hollis, Esq. (MSB #
Attorney for Plaintiff

3301)

Lisa W. McKay, Esq. (MSB #9678)
Attorney.for Defendant

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