United States District Court, E.D. Arkansas, Pine Bluff Division
JIMMY G. SMITH PLAINTIFF
CRETE CARRIER CORPORATION and CURTIS PEAVY, INDIVIDUALLY DEFENDANTS
WRIGHT, LINDSEY & JENNINGS LLP Jerry J. Sallings (84134)
Attorneys for defendants
LAW FIRM, P.A. John Richard Byrd, Jr. (200430) Attorneys for
LAW FIRM, APC Ross Downs (2006061) Attorneys for plaintiff
HONORABLE D. P. MARSHALL, JR. Judge
ordered that as to all confidential, privileged, financial,
business secret, medical and sensitive information
("Confidential Information"), including
electronically stored information, produced by parties in
this case, the directives of this protective order will apply
to parties and their attorneys, agents, employees,
contractors, and anyone to whom parties publish the
Parties may mark any Confidential Information being produced
subject to this protective order in a manner that would
provide reasonable notice that the documents/items are
intended to be covered by this order. However, the absence of
such markings does not relieve a party from the obligation to
abide by this order as to items that are clearly meant to be
covered such as medical records and financial records.
Confidential Information subject to this protective order
shall only be disclosed as follows: (a) to counsel of record
for the respective parties including their office and
clerical staff; (b) officers, directors and necessary
employees of any party in connection with the trial
preparation of that party in this case; (c) expert witnesses
or consultants engaged by a party to assist in the
prosecution or defense of the action provided such witnesses
and consultants separately agree to be bound and governed by
the terms of this order; (d) the court and court personnel
subject to such safeguards as the court may deem necessary;
(e) non-party witnesses and their counsel only to the extent
disclosure is necessary for their testimony and provided that
they shall separately agree to be bound and governed by the
terms of this order.
Parties and other persons to whom Confidential Information is
disclosed shall not publicize or disclose in any fashion
Confidential Information other than in the context of
development of this action through witnesses or experts, and
such disclosure shall be made in a manner so that the
Confidential Information does not become a matter of public
record, unless authorization by this Court is first granted
to allow the information to become a matter of public record
for the purpose of using such information in the pursuit of
Order does not constitute a finding that the Confidential
Information is relevant or otherwise admissible at trial.
This Order does not constitute a finding that any party has
waived any objections to the authenticity, confidentiality,
relevance or other objections to admissibility of the files
or information at trial; nor does it constitute a finding
that any party has waived any objections to the production of
the same or similar information which may be sought in other
litigation or other proceedings.
Parties and other persons to whom Confidential Information
has been disclosed shall be required at the conclusion of
this action, including any appeal, to shred, destroy, or
return to counsel for the producing party the documents which
constitute the Confidential Information designated herein and
all copies of the documents within ninety (90) days of the
conclusion of this action.
any party disputes the designation of any document or item as
confidential and subject to this protective order, then the
parties should adhere to the procedures set out in the this
court's Final Scheduling Order under the heading of
"Discovery Disputes." However, in no event may any
party apply for relief under this paragraph AFTER the
conclusion of this action.
requirements of Rule 5.2 of the FRCP apply to any and all
documents covered by this order.
provisions of this Order shall extend to any discovery that
may arise in the future in this matter between the parties in
which additional Confidential Information, or other
information which the parties agree shall be subject to this
Protective Order, is provided by either party. Should a party
contest the applicability of this Order to such possible
future discovery, the party shall be entitled to file a
Motion with the Court for determination of the issue.
Court retains jurisdiction to enforce this protective order
for one year after conclusion of this case by final judgment.
Thereafter, this protective order shall be ...