Broadbent v. Federal Express Corporation

Filing 26

STIPULATED PROTECTIVE ORDER Signed by Judge Brian Morris on 5/10/2022. (KAH)

Case 4:21-cv-00057-BMM Document 26 Filed 05/10/22 Page 1 of 9

Adrianna J. Potts
CROWLEY FLECK PLLP
490 Nmth 31st Street, Suite 500
Billings, MT 59101
Main: 406-252-3441
Fax:[phone]
E-Mail: [e-mail]
Attorney for Defendant Federal Express Corporation
Daniel T. French
Gabriel McGaha
FEDERAL EXPRESS CORPORATION
3620 Hacks Cross Road
Building B, 3 rd Floor
Memphis, TN 3 8125
French: Telephone: [phone]
McGaha: Telephone: [phone]
Fax: [phone]
Email: dani [e-mail]
Email: [e-mail]

Attorneys for Defendant Federal Express Corporation
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
LANCE BROADBENT,
Plaintiff,
No.

v.

4:21-cv-00057-BMM-JTJ

FEDERAL EXPRESS CORPORATION,
Defendant.
AGREED PROTECTIVE ORDER

Case 4:21-cv-00057-BMM Document 26 Filed 05/10/22 Page 2 of 9

Plaintiff Lance Broadbent and Defendant Federal Express Corporation, by
and through their respective counsel, stipulate and jointly move the Court for a
Protective Order as follows:
1.

Purpose of Order.

The purpose of this Order is to prevent the

disclosure of matters deemed confidential under the terms of this Order to persons
or entities other than those involved in the prosecution or defense of the case titled
Lance Broadbent v. Federal Express Corporation, Case No. 4:21-cv-00057-BMM­
JTJ, and to facilitate the exchange of information between the parties. The Order is
necessary to protect both the parties and other persons from annoyance and
embarrassment, as well as maintain the confidentiality of personal and/or proprietary
information relating to the parties and to others.
2.

Confidential Information.

The parties have agreed that certain

categories of documents and infonnation, if produced or disclosed during this
litigation, shall be used only for purposes of this lawsuit and will be treated as
confidential. The parties have fmther agreed that this shall include info1mation
relating to the following topics: Plaintiff's confidential medical information;
confidential financial information of both Plaintiff and Defendant; Defendant's
confidential, proprietary business information (training materials and information
relating to businesses practices, strategies and customers); and confidential
personnel and/or human resource documents regarding any of Defendant's current
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or former employees, including employee personnel records, employee discipline
and any documents related to investigations of IEEOs initiated by Elysia Young.
This stipulated protective order shall in no way constitute a waiver by any party of
any assertion or claims that the documents and information subject to this order are:
(1) confidential proprietary information; (2) privileged; or (3) otherwise not
discoverable.
3.

Designating

Documents

and

Interrogatory

Answers

as

Confidential. Any party to this action may designate as "Confidential Information"
a document or interrogatory answer produced after entry of this Order by
conspicuously stamping or labeling the document or interrogatory answer with the
word "Confidential - Subject to Protective Order." In lieu of stamping or labeling
the originals of documents, the producing party may stamp or label the copies that
are produced. When producing a multi-page document, all of which it contends is
confidential, a party may designate the entire document as confidential by marking
the cover page with the word "Confidential - Subject to Protective Order."
Documents or inf01mation produced by either party shall not be treated as
confidential pursuant to this Order unless they are stamped or labeled in such a
fashion except as provided in this Order. The inadvertent failure to designate
material as "Confidential - Subject to Protective Order" does not preclude a party
from subsequently making such a designation, and, in that case, the material is
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Case 4:21-cv-00057-BMM Document 26 Filed 05/10/22 Page 4 of 9

treated as confidential only after being properly designated.

Unless otherwise

ordered by the Comt or stipulated by the patties, only documents, inte1Togatory
answers, or deposition testimony relating to the subjects enumerated in Paragraph 3
may be designated as Confidential Information. Parties to this action may also
designate deposition testimony relating to the subjects enumerated in Paragraph 3
above as "Confidential Information" by advising opposing counsel of record, in
writing, within 30 days after receipt of a copy of the transcript, or such other time
period as may be mutually agreed upon by the patties, of the pages and lines of the
deposition which the patty believes fall under Paragraph 3 and are confidential.
Alternatively, any party may, on the record at the deposition, designate deposition
testimony as Confidential by advising all persons present that the party believes that
the portion of the deposition in question falls under the scope of this Order. All
depositions shall be treated as "Confidential" under this Order for a period of at least
thirty days after a full and complete transcript of said deposition is available.
4.

Disclosure of Confidential Information.

Any documents or

inte1Togatory answers which are marked as Confidential are to be treated as such by
the party receiving the discovery and shall be utilized by such patty only for the
prosecution or defense of this case. Except as agreed upon by the patties, or ordered
by the Court, disclosure of such material or information contained therein is limited
to:
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(a)

Plaintiff and Defendant;

(b)

Their counsel, counsel's legal and clerical assistants and staff;

( c)

Persons with prior knowledge of the documents or the
Confidential Information contained therein;

( d)

Comt personnel, including court reporters, persons operating
video recording equipment at depositions, and any special master
or mediator appointed by the Court;

( e)

Agents, representatives and employees of either pa1ty, as 1s
necessary to prepare this case for litigation;

(f)

Any independent document reproduction services or document
or video recording and retrieval services, as is necessary to
prepare this case for litigation and subject to their agreement to
be bound by the confidentiality and non-disclosure provisions of
this Order; and

(g)

Any witness, or expert witness or outside consultant retained or
consulted by the patties, as is necessary to prepare this case for
litigation. Counsel shall advise all persons to whom discovery
materials are disclosed pw·suant to this paragraph of the
existence of this Order, and they shall agree to be bound prior to
sharing this Confidential Information with them.

(h)

Any comt, including this Court, or appellate body which has
cause to consider any of the issues raised in this action;

(i)

Jurors and prospective jurors;

U)

Any other person or entity to whom this Court orders or allows
disclosure.

No person to whom Confidential Information is disclosed shall disclose such
Confidential Information to any person to whom disclosure is not authorized by the
terms hereof or make any other disclosure of such Confidential Inf01mation for any
purpose whatsoever, commercial or otherwise. If any person or party discloses
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Confidential Information in violation of this protective order, the parties may seek
injunctive relief and/or appropriate sanctions and relief from the Court. In the event
of authorized disclosure of Confidential Information, the disclosing paiiy shall
arrange for the return of any disclosed documents once the need for the disclosure is
complete. Except for disclosures authorized by the terms of this order, the attorneys
for the pa11ies shall maintain custody of the confidential documents.
5.

Disputes Concerning Designation(s) of Confidential Information.

In the event that any patty to this action disagrees at any stage of the proceedings
with the designation of information as confidential, the party shall first try to resolve
the matter on an informal basis. If the dispute cannot be resolved informally, the
party posing the confidentiality of the information may apply for relief from this
Court.
6.

Binding Effect of This Order. This Order is binding upon the patties,

their agents and employees, all counsel for the patties and their agents and
employees, and all persons to whom disclosure of discovery materials or testimony
are limited pursuant to the terms of this Order.
7.

Use of Confidential Information. The parties and their counsel shall

exercise reasonable care not to disclose Confidential Information contained in these
confidential documents by placing them in the public record in this case. If a party
wishes to use any information or document identified as Confidential by the
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opposing party in any affidavit, brief, memorandum, oral argument, or other paper
filed in this Comt in this case, that party shall notify opposing patty of its intent to
file Confidential Information prior to the intended filing with the Comt. The parties
shall attempt to resolve the matter on an informal basis per Paragraph 5 of this Order.
If the paities are unable to agree on a manner to submit the document as normal, the
party seeking to file Confidential Information may file, along with the affidavit,
brief, memorandum or other paper, a motion with the Court seeking leave to file
such paper or transcript under seal. If the opposing paity is unavailable to discuss
the matter prior to filing, the party seeking to file Confidential Information shall
proceed to seek leave to file such paper or transcript under seal. If the Comt grants
such motion, the docwnents shall be filed under seal. If the Comt denies such motion
on the basis that the documents need not be filed under seal, the filing patty can file
such paper or transcript as normal. The parties and their counsel have the right to
use any such information contained in these documents, or the documents
themselves, in the trial of this case. The parties do not waive any right to object at
trial to the admissibility of any document, which falls under the scope of this Order,
or pmtion thereof, or the right to file a motion in limine regarding the use of any
such documents.
8.

Return of Confidential Information.

At the conclusion of this

litigation the paities' respective counsel shall, within six months, and upon written
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request by the other party, return all documents which fall under the scope of this
If respective counsel fails to make a written request for the return of

Order.

documents within six months of the conclusion of this litigation, other counsel shall
destroy such records. The parties, however, retain the right to keep any documents
that were admitted as exhibits in this case.
9.

This Protective Order shall not abrogate or diminish any contractual,

statutory or other legal obligation or right of any party or person with respect to the
confidential information. Specifically, this Protective Order shall not require any
party to notify or to obtain permission from other parties before introducing
materials designated confidential at trial or examining witnesses about materials
designated confidential during depositions or at trial, beyond the notice required by
the Federal Rules of Civil Procedure, local court rules or order of Court.
10.

Nothing in the foregoing provisions of this Protective Order shall be

deemed to preclude any party from seeking and obtaining, on an appropriate
showing, such additional protection with respect to confidential information as that
party may consider appropriate; nor shall any party be precluded from claiming that
any 1natter designated hereunder is not entitled to protection, or is entitled to a more
limited form of protection than designated.

II

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Case 4:21-cv-00057-BMM Document 26 Filed 05/10/22 Page 9 of 9

Agreed to this 28th day of April, 2022 by:

Isl Daniel J. Flaherty
Daniel J. Flahe1ty
Flaherty Gallardo Lawyers
1026 First Avenue South, P.O. Box 1968
Great Falls, MT 59403
Telephone: [phone]
[e-mail]

Isl Adrianna Potts
Adrianna J. Potts
Crowley Fleck PLLP
490 North 31 st Street, Suite 500
Billings, Montana 5910 I
Telephone: [phone]
[e-mail]

ATTORNEY FOR PLAINTIFF

ATTORNEY FOR DEFENDANT

The Comt approves and enters this Agreed Protective Order based on the consent
of the paities.
DATED this tenth day of May, 2022.

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