Miles v. McLane Food Service, Inc.

Filing 29

STIPULATED AMENDED JOINT PROTECTIVE ORDER. Signed by Magistrate Judge Debra C. Poplin on 1/14/19. (ADA)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE

CHEYENNE MILES,
Plaintiff,
v.
MCLANE FOODSERVICE
DISTRIBUTION, INC. f/k/a
MEADOWBROOK MEAT
COMPANY, INC., and MFS
FLEET, INC.
Defendants.

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No.: 3:18-CV-0189
JUDGE HARRY S. MATTICE, JR.
MAGISTRATE JUDGE
DEBRA C. POPLIN

STIPULATED AMENDED JOINT PROTECTIVE ORDER
WHEREAS, plaintiff Cheyenne Miles (“Plaintiff”), by and through counsel, has requested
that defendant McLane Foodservice Distribution, Inc. f/k/a Meadowbrook Meats (hereinafter
referred to as “Defendant”) make available for inspection and/or copying, copies of files associated
with Kevin Fuller, the driver of the tractor trailer involved in the accident, and confidential and
proprietary information of Defendant, including but not limited to their training materials; and
WHEREAS, Defendant contends that the contents of the said requested documents contain
personally identifiable information and confidential and proprietary information; and
WHEREAS, Defendant requires that the confidentiality of the contents of the said
requested documents be maintained; and
WHEREAS, Plaintiff, Defendant, and their attorneys have agreed to comply with the letter
and intent of said confidentiality;
IT IS HEREBY STIPULATED that:

1.

Plaintiff, Defendant, and their attorneys shall not give, show, or otherwise disclose

any such documents, materials, or information contained in the above-referenced documents
marked “Confidential Under Protective Order,” and produced by Defendant in this action; or any
copies, prints, negatives, or summaries thereof, to any entity or person except Plaintiff, her
attorneys, the Court, the Court’s employees and staff, court reporters for depositions and/or trial,
witnesses to the extent reasonably necessary to the prosecution or defense of this litigation, any
agents, experts, or consultants employed by Plaintiff or his attorneys, in connection with and solely
for this action, and any person mutually agreed upon in writing by the parties.
2.

Any and all experts, consultants, and counsel associated in this litigation and any

other individuals who have access to confidential documents subject to this Stipulated Amended
Joint Protective Order, or to the substance thereof, or to any copies, prints, negatives, or summaries
thereof, shall be presented with a copy of this Stipulated Amended Joint Protective Order. Those
experts, consultants, counsel, and other individuals shall not give, show, or otherwise directly or
indirectly disclose any of the confidential documents and/or materials subject to this Stipulated
Amended Joint Protective Order, or the existence or substance thereof, or any copies, prints,
negatives, or summaries thereof, to any entity or person, except as may be necessary in preparing
to render, or rendering, expert advice or assistance in this lawsuit.
3.

At the conclusion of the work of such experts, consultants, counsel, or other persons

as described in paragraph 2 herein, all confidential documents and materials and all copies, prints,
negatives, and summaries thereof shall be returned to the attorneys who retained the expert or
consultant or otherwise provided access to the confidential documents and/or materials upon
written request of Defendant. Upon completion of the trial and any appeals in this action and the
satisfaction of any judgment, or upon the conclusion of any settlement, Plaintiff’s attorneys shall

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return all copies made from the above-referenced documents and produced under the terms of this
Stipulated Amended Joint Protective Order to the attorneys representing the producing Defendant
in response to the written request of said Defendant’s attorneys.
4.

The parties to this action and their attorneys agree that all objections, including, but

not limited to, objections based on relevancy, materiality, and privilege are reserved and all
questions of admissibility except authenticity may be asserted at the time of trial of any action in
which such confidential documents and/or materials are used or proffered should any such party
deem it proper.
5.

No party hereto shall be bound by this Stipulated Amended Joint Protective Order

as to any information or documents which it possessed prior to this action, unless that information
or document was obtained from the other party under circumstances from another party requiring
such producing party to treat it as confidential, or such information can be obtained publicly or
without entry into a protective order.
6.

Any party claiming that documents contained in the said referenced documents

have been in the possession of such first party or have been in the possession of the public prior to
disclosure of such information in discovery herein shall have the burden of proving such earlier
possession or such public knowledge of such information.
7.

This Stipulated Amended Joint Protective Order shall be without prejudice to the

rights of the parties in any other action and applies solely to the above-captioned action; however,
the Stipulated Amended Joint Protective Order shall apply to documents produced which may be
used by Plaintiff’s attorneys in any other case.

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8.

By this Stipulated Amended Joint Protective Order, the parties do not waive any

rights they may possess to compel further discovery responses or to object to any discovery
requests made by either party.
9.

The terms of this Stipulated Amended Joint Protective Order shall remain fully

active until released by written consent of Defendant or court order. The provisions of the
Stipulated Amended Joint Protective Order shall continue to be binding as to the contents of the
referenced documents produced pursuant to it.
10.

The parties to this action and their attorneys reserve the right to request the Court

to determine and rule whether it is necessary or appropriate for documents or materials originally
produced under the provisions of this Stipulated Amended Joint Protective Order to remain subject
to the provisions of this Stipulated Amended Joint Protective Order.
Based upon the agreement of the parties, they are hereby ordered and directed to abide by
the terms of this Stipulated Amended Joint Protective Order.
IT IS SO ORDERED.
ENTER:
___________________________
Debra C. Poplin
United States Magistrate Judge

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APPROVED FOR ENTRY:
LEWIS THOMASON
By:/s/Mary Beth White
Mary Beth White, BPR #24462
Mikel Towe, BPR #032404
424 Church Street, Suite 2500
P.O. Box 198615
Nashville, TN 37219
[phone]
[e-mail]
[e-mail]
Attorneys for defendant McLane Foodservice Distribution, Inc.
f/k/a Meadowbrook Meat Company, Inc. and MFS Fleet, Inc.

LAW OFFICES OF HENRY S. QUEENER
By:/s/Henry S. Queener
Henry S. Queener, BPR #021249
213 Fifth Avenue North
2nd Floor, Suite 200
Nashville, TN 37219
[phone]
Attorneys for plaintiff Cheyene Miles

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