Broadbent v. Federal Express Corporation

Filing 26

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

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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:406-259-4159 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: 901-434-8353 McGaha: Telephone: 901-434-3131 Fax: 901-434-9235 Email: dani Email: 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 2 Case 4:21-cv-00057-BMM Document 26 Filed 05/10/22 Page 3 of 9 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 3 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: 4 Case 4:21-cv-00057-BMM Document 26 Filed 05/10/22 Page 5 of 9 (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 5 Case 4:21-cv-00057-BMM Document 26 Filed 05/10/22 Page 6 of 9 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 6 Case 4:21-cv-00057-BMM Document 26 Filed 05/10/22 Page 7 of 9 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 7 Case 4:21-cv-00057-BMM Document 26 Filed 05/10/22 Page 8 of 9 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 8 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: (406) 727-8494 Isl Adrianna Potts Adrianna J. Potts Crowley Fleck PLLP 490 North 31 st Street, Suite 500 Billings, Montana 5910 I Telephone: (406) 252-2441 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. 9

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