Gilbert v. Pilot Travel Centers, LLC

Filing 14

AGREED PROTECTIVE ORDER. Signed by Magistrate Judge H Bruce Guyton on September 2, 2011. (AYB)

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TENNESSEE

AT KNOXVILLE

LAURIE GILBERT,

)
)
)

Plaintiff,

)
)
)
)
)

v.
PILOT TRAVEL CENTERS, LLC~
Defendant.

No.3:10-CV527
Judge: Guyton

)

.

AGRElD PROTECTIVE ORDER

This matter coming before th. Court on the joint application and agreement of Plaintiff
I

Laurie Gilbert and Defendant Pilot Iravel Centers, LLC. (collectively the "Parties") as to the
terms and entry of a protective order ~overning discovery materials in this action which contain
certain confidential information and re Court, in accordance with its authority under Federal
Rule of Civil Procedure 26(c), finding that such application should be granted;

I

IT IS HEREBY ORDERED:

The following terms and condrtions shall govern the production of confidential materials
in the case styled Laurie Gilbert v. Pitot Travel Centers, LLC Case No.3: 1O-CV527 (hereinafter

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the "Litigation").
1.

This Order shall

ap~ly

information contained therein, which
in the manner described below.

to certain documents or portions thereof and the

F

Y person or entity designates as "Confidential Material"

Cbnfidential Material as used herein means any type or

classification of information which is designated as "Confidential" by the supplying party. In
designating information as Confidential Material, the supplying party will make such designation

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only as to that information which it, in good faith, believes contains confidential information,
and such designations are to be made as sparingly as is consistent with the legitimate business
concerns of the Parties.
2.

Such documents or portions thereof may be designated Confidential Material by a

producing person or entity by marking the following legend on the face of the documents, and on
each page containing confidential information: "CONFIDENTIAL."
3.

To the extent that material stored or recorded in the form of electronic or

magnetic media (including information, databases or programs stored on computers, discs,
networks or tapes) ("Computer Data") is produced by any person or entity in such form, the
producing person or entity may designate such material as Confidential Material, if the
requirements of Paragraph 1 above are met, by cover letter referring generally to such material.
Whenever any person to whom Computer Data designated as Confidential Material is produced
reduces such material to hard-copy form, such person shall mark such hard-copy material with
the legend provided for in Paragraph 2 above.
4.

Confidential Material shall only be used for purposes of the Litigation and for no

other purpose whatsoever except as otherwise permitted by this Order or required by law, and
may be disclosed only to the following persons:
a.

Counsel for any party to the litigation and their associates, paralegals, or

clerical or other support staff;
b.

Plaintiff and Employees, officers, and directors of Defendant who have a

need to review the material in connection with the Litigation;
c.

Experts or consultants (including their employees, associates, and/or other

support staff) retained by a party to the Litigation;

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d.

Interviewees, and potential witnesses, deponents or hearing witnesses that

counsel for a party to the Litigation in good faith determines need to have access to
Confidential Material in order for counsel to effectively prosecute or defend the
Litigation;
e.

The Court, its personnel, and the jury; and

f.

During trial confidential material may be used during witness

examination, filed as Exhibits and used during argument without having to comply with
this Protective Order. However, the designating party may move the Court that any such
material should be filed under seal, and if such motion is granted the material shall
remain part of the record and will be included in the record of any appeal, under seal.
5.

Confidential Material shall not be disclosed to any person referred to

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subparagraphs 4(b), 4(c) or 4(d), unless and until such person has read and agreed to be bound by
the terms and conditions of this Order. Counsel shall ensure that all persons referred to in
paragraph categories 4(b), 4(c) or 4(d) are familiar with this Protective Order and shall instruct
such persons that they are bound by the terms thereof.

Attached Exhibit A, Agreement of

Confidentiality, shall be signed by the above-referenced persons before they are granted access
to Confidential Material.
6.

All persons governed by this Protective Order, by reviewing Confidential

Material, shall agree to the jurisdiction of this Court over their person for the purpose of any
action seeking to enforce the terms and conditions of this Protective Order, or for any action for
contempt for violation of the terms ofthis Protective Order.

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7.

The persons governed by this Protective Order shall not disclose, advertise, or

otherwise publish or use the Confidential Material or the information contained in the
Confidential Material, except in connection with this Litigation.
8.

The terms of this Protective Order shall govern the Confidential Material, all

copies thereof, and any notes, lists, memoranda, indices, or compilations which are based wholly
or in part upon the examination of such Confidential Material and which also disclose their
contents.
9.

Confidential Material may be included in affidavits, statements and responses to

interrogatories or requests for admission prepared in connection with the Litigation, provided
that the party including Confidential Material places the "CONFIDENTIAL" legend on the front
of any such document and each page thereafter which is part of the document alleged to be
confidential.
10.

Any party to the Litigation may use Confidential Material in the course of a

deposition provided the deponent is furnished a copy of this Order and has signed a copy of
Exhibit A before examination of any confidential documents. Counsel for Plaintiff will show
Plaintiff this Order and have Plaintiff sign Exhibit A prior to his deposition and counsel for
Defendant will take the same steps for its employees that are going to be deposed. Any party
may designate the portion of the transcript (including exhibits) that contains Confidential
Material with a statement to such effect on the record in the course of the deposition. The party
should also advise the court reporter. In addition, counsel for a party shall be permitted in good
faith to designate those portions of the transcript and exhibits containing Confidential Material as
confidential within twenty (20) days following receipt of the transcript of such depositions.
Until such time, all parties shall treat the deposition as Confidential. If portions of the transcript

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or exhibits are designated as confidential, the "CONFIDENTIAL" legend shall be placed on the
original and each copy of the transcript identifying the pages of its deposition so designated as
Confidential Material.

If the transcript or a portion of a transcript containing Confidential

Material is filed with the Court, it shall be filed under seal and bear the "CONFIDENTIAL"
legend as described above. If all or part of a videotaped deposition is designated as confidential,
the videocassette or other videotape container shall be labeled with the "CONFIDENTIAL"
legend.
11.

Confidential Material which is desired to be disclosed (whether by way of

verbatim or summary reference or as an exhibit) in any court filing shall be filed under seal in an
envelope conspicuously labeled "Confidential Material" and in accordance with E.D.TN. LR
26.2. In filing materials with the Court in pretrial proceedings, where practicable, counsel shall
file under seal only those specific documents and testimony designated "CONFIDENTIAL," and
only those specific portions of court filings which contain Confidential Material.
12.

If any party to the Litigation disputes the designation of any document,

information or deposition transcript as Confidential Material, the Parties shall attempt to resolve
by agreement the question of whether or on what terms the document is entitled to confidential
treatment. If the Parties are unable to agree as to whether the document or deposition transcript
is properly designated as Confidential Material, counsel for the party objecting to the designation
may file an appropriate motion with the Court to determine the confidentiality of the material.
The burden rests upon the person or entity seeking confidentiality to demonstrate that such
designation is proper. Until a final resolution of the dispute is achieved either through consent or
court order, all parties shall treat the designated documents or deposition transcripts as
Confidential Material.

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13.

Nothing in this Order shall prevent any person or entity from using or disclosing

its own documents or information.
14.

A person's compliance with the terms of this Order shall not operate as an

admission that any particular document is or is not (a) confidential, (b) privileged, or (c)
admissible in evidence at trial.
15.

This Order shall survive the termination of the Litigation and shall continue in full

force and effect thereafter. Confidential documents shall be returned to the producing person or
entity or destroyed within ninety (90) days after a Court Order finally terminating the Litigation.
Upon request, each person or entity shall provide the producing person or entity with a
declaration certifying that all documents required to be returned or destroyed pursuant to the
provisions of this paragraph have been returned or destroyed.
16.

Any person in possession of Confidential Material who receives a subpoena (or

other process) from any person (including natural persons, corporations, partnerships, firms,
governmental agencies, departments or bodies, boards, or associations) who is not a party to this
Order seeking production or disclosure of such Confidential Material shall promptly give
telephonic notice and written notice by overnight delivery and/or telecopier to counsel for the
person or entity who produced and/or designated the materials as "CONFIDENTIAL",
identifying the materials sought and enclosing a copy of the subpoena or other process where
possible at least ten (l0) business days before production or other disclosure shall be given. In
no event shall production or other disclosure be made before the latest of (a) the date on which
notice is given, or (b) the return date of the subpoena.
17.

This Order may be modified or amended by order of the Court.

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18.

The inadvertent production of any privileged or otherwise protected materials

shall not be deemed a waiver or impairment of any claim of privilege or protection, including but
not limited to, the attorney-client privilege and the protection afforded to work-product materials,
or the subject matter thereof. Neither shall the inadvertent production of documents without the
"CONFIDENTIAL" legend which should be so designated be deemed a waiver of the right to
designate such materials in accordance with Paragraphs 2 and 3.
19.

If information inadvertently produced in discovery is subject to designation as

Confidential Information or is subject to a claim of privilege or of protection as trial-preparation
or work product material, the party making the claim that the information is confidential or
privileged may notify any party that received the information of the claim and the basis for it.
After being notified, a party must promptly return, sequester, or destroy the specified information
and any copies thereof. The receiving party must not use or disclose the information until the
claim regarding the information is resolved, and must take reasonable steps to retrieve the
information if the party disclosed it before being notified of the claim. The receiving party may
present the information to the Court under seal for a determination of the claim. The producing
party must preserve the information until the claim is resolved.
20.

If a party receives information that reasonably appears to be subject to a claim of

privilege or of protection as trial-preparation or work product material, the receiving party shall
immediately notify the producing party of its receipt of such information and shall promptly
return or sequester such information until the producing party has had an opportunity to review
the information and determine whether it is subject to such a claim. The receiving party must not
use or disclose the information until the claim regarding the information is resolved, and must
take reasonable steps to retrieve the information if the party disclosed it before discovering or

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being notified that the information is subject to a claim of privilege or protection as trialpreparation or work product materials. If the receiving party disputes the producing party's
claim, it may present the information to the Court under seal for a determination of the claim.
The producing party must preserve the information until the claim is resolved.
IT IS SO ORDERED this 12th day efFebmary,

201~ 2J

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G- LJ ~t

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APPROVED FOR ENTRY:
BURKHALTER, RAYSON & ASSOCIATES

WOOLF, MCCLANE, BRIGHT
ALLEN & CARPENTER, PLLC

slDavid A. Burkhalter, II
David A. Burkhalter, II, BPR #004771
Ronald A. Rayson, BPR #013393
P.O. Box 2777
Knoxville, Tennessee 37901
[phone]
Attorneys for Plaintiff

slJ Chadwick Hatmaker
J. Chadwick Hatmaker, BPR # 018693
900 S. Gay Street
Knoxville, TN 37901·0900
[phone]
Attorneys for Defendant

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IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TENNESSEE

AT KNOXVILLE

)

LAURIE GILBERT,
Plaintiff,

v.
PILOT TRAVEL CENTERS, LLC,
Defendant.

)
)
)
)
)
)
)

No.3:10-CV527
Judge: Guyton

)

AGREEMENT OF CONFIDENTIALITY

The undersigned hereby acknowledges that, having read the Agreed Protective Order on
confidentiality entered in the above-captioned action, he/she understands the terms thereof and
agrees to be bound thereby and to ensure that any employees and/or clerical assistants will also
abide thereby, under penalty of contempt.
Entered under penalty of perjury this _ _ day of _ _ _ _ _ _ _, 2011

Name:

-----------------------------

Title: __________________________

Address:

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