United States District Court, W.D. Arkansas, Texarkana Division
RONALD C. PERKINS, JR., Individually; and as the Personal Representative of THE ESTATE OF VELMA MARIE PERKINS PLAINTIFF
KAIMICHI RAILROAD COMPANY, LLC, and JOHN DOES Number 1 through 5, inclusive DEFENDANT
H. McGowan, Attorneys for Plaintiff.
P. McKay Friday, Eldredge & Clark, LLP., Attorneys for
Defendant Union Pacific Railroad Company.
O. HICKEY UNITED STATES DISTRICT JUDGE.
the Court is a Joint Motion for Protective Order. ECF No. 13.
Upon consideration, the Court finds that the motion should be
and hereby is GRANTED. The Court enters the following
Protective Order as proposed by the parties:
parties have information to disclose which may require
protection due to their confidential or proprietary nature.
Accordingly, the parties agree:
Scope. All documents produced in the course of
discovery, including initial disclosures, all responses to
discovery requests, all deposition testimony and exhibits,
other materials which may be subject to restrictions on
disclosure for good cause and information derived directly
therefrom (hereinafter collectively “documents”),
shall be subject to this Agreement concerning confidential
information as set forth below.
Form and Timing of Designation. A party may
designate documents as confidential and restricted in
disclosure under this Order by placing or affixing the words
“CONFIDENTIAL” on the document in a manner that
will not interfere with the legibility of the document and
that will permit complete removal of the designation.
Documents shall be designated CONFIDENTIAL prior to or at the
time of the production or disclosure of the documents. The
designation “CONFIDENTIAL” does not mean that the
document has any status or protection by statute or otherwise
except to the extent and for the purposes of this Order.
Documents Which May be Designated. Any party may
designate documents as CONFIDENTIAL upon making a
determination that the documents contain information
protected from disclosure by statute or that should be
protected from disclosure as confidential personal
information, medical or psychiatric information, trade
secrets, personnel records, proprietary, or such other
sensitive commercial information that is not publicly
Protection of Confidential Material.
(a) General Protections. Documents
designated CONFIDENTIAL -under this Agreement shall not be
used or disclosed by the parties, counsel for the parties or
any other persons identified in ¶5(b) for any purpose
whatsoever other than to prepare for and to conduct discovery
and trial in this action, including any appeal thereof.
(b) Limited Third-Party Disclosures. The
parties and counsel for the parties shall not disclose or
permit the disclosure of any CONFIDENTIAL documents to any
third person or entity except as set forth in subparagraphs
(1)-(5). Subject to these requirements, the following
categories of persons may be allowed to review documents that
have been designated CONFIDENTIAL:
(1) Counsel. Counsel (or the parties and
employees and agents of counsel) who have responsibility for
the preparation and trial of the action;
(2) Parties. Parties and employees of a
party to this Order.
(3) Court Reporters and Recorders. Court
reporters and recorders engaged for ...