Cumberland and Ohio Co. of Texas v. Goff

Filing 63

AGREED PROTECTIVE ORDER. Signed by Magistrate Judge Joe Brown on 8/10/11. (rd)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
CUMBERLAND AND OHIO CO. OF
TEXAS, INC., RUSS E. BELSAAS,
TIMOTHY R. DIENHART,
TOM MARTIN, KATHY MARTIN,
LAIRD ROBINSON, LORETTA
ROBINSON, GREGORY A. STEPRO,
ERIC R. TAYLOR, FRED VOGEL,
RICHARD WEBER, AND CHUCK
GREENE d/b/a CG INVESTMENTS,
LLC,
Plaintiffs,
vs.
CLINTON C. GOFF,
Defendant.

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Docket No.: 3:09-cv-436
Judge Traugher
Magistrate Judge Brown

AGREED PROTECTIVE ORDER
It appears that the parties have agreed as evidenced by the signatures of respective counsel
hereto that pursuant to Rule 26(c)(g) of the Federal Rules of Civil Procedure that Plaintiffs and their
counsel be prevented from disclosing except as authorized by the court or by Defendant Goff,
information produced by Defendant Goff in pursuit of settlement negotiations. The same being
reasonable to the Court, it is hereby ordered by the Court as follows:
1.

Information supplied to Plaintiffs in furtherance of settlement negotiations shall only

be disclosed to those individuals in the following categories who are actively engaged with the
preparation of this case: (a) trial counsel for Plaintiffs; (b) Plaintiffs; and (c) technical experts
retained by Plaintiffs.

2.

The recipients of such information shall treat such information as confidential and not

reveal it to third parties without authorization from Goff or as ordered by the Court.
3.

It is further ordered by this Court that Defendant shall designate each document listed

above as confidential if it contains confidential information and submit it to Plaintiffs’ counsel in
a sealed envelope marked “Confidential.”
4.

It is further ordered by this court that all such information submitted by Defendant that

is designated as confidential, as well as documents or memoranda that paraphrase or quote such
information, shall be returned to counsel for Defendant or destroyed at the termination of settlement
negotiations, unless otherwise ordered by this Court.
5.

All such information supplied to Plaintiff is in furtherance of settlement and

compromise and is subject to the provisions of Rule 408 of the Federal Rules of Evidence.
ENTERED this _10TH____ day of ___August__, 2011.

____________________________________
JOE B. BROWN
U.S. MAGISTRATE JUDGE
Approved for Entry:
/s James W. Price, Jr.
James W. Price, Jr., #3538
Attorney for Defendant Goff
201 4th Avenue North, Suite 1800
Nashville, TN 37219
Phone: [phone]
/s Rebecca Brinkley
Rebecca Brinkley, #24333
Waller Lansden Dortch & Davis, LLP
Nashville City Center
511 Union Street, Suite 2700
Nashville, TN 37219
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