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McGehee v. Hutchinson

United States District Court, E.D. Arkansas, Little Rock Division

April 4, 2017

JASON MCGEHEE, et al. PLAINTIFFS
v.
ASA HUTCHINSON, et al. DEFENDANTS

          PROTECTIVE ORDER

          KRISTINE G. BAKER, UNITED STATES DISTRICT JUDGE

         The parties to the above-styled action, by and through their respective counsel, have agreed and stipulated to the entry of this Agreed Protective Order, subject to the approval of the Court. The Court hereby approves of and enters this Agreed Protective Order. The parties and their counsel agree to comply with all the terms of this Agreed Protective Order as set forth below.

         1) This Agreed Protective Order between the Plaintiffs and Defendants covers the use and disclosure of confidential material (“Confidential Material”) of any kind produced in connection with this case by the parties to this litigation and by third parties (collectively, the “Producing Parties”).

         2) All material produced in this action is deemed Confidential Material, and may not be disclosed to any persons or entities other than those specified in paragraph 9 of this Order, provided such material is designated as Confidential Material by the Producing Party in accordance with the provisions of this Agreed Protective Order. In addition, the following materials and information, if produced in this action, are and shall be deemed “Confidential Material” whether or not so designated by the Producing Party:

a. The written execution protocol adopted by the Arkansas Department of Correction (“ADC”), and any drafts or amendments to the protocol, with the exception of Attachment C;
b. Information contained within the ADC's execution protocol, with the exception of Attachment C;
c. All testimony, documents, or information referring to the ADC's procedures with respect to Death Row inmates that identify or discuss security procedures, security personnel, or pre-execution schedules;
d. Identities of the entities or persons who participate in the execution process or administer the lethal injection; and
e. Identities of the entities or persons who compound, test, sell, or supply the drug or drugs used in the execution procedure, or supply medical supplies or medical equipment for the execution process, as well as information that could lead to the identification of such entities or persons (such as lot and batch numbers on FDA-approved drug labels).

         Documents or other information that are already in the public domain will not become confidential by virtue of this Order. However, to the extent that only a portion of information in a document was in the public domain, only that portion of information-not the entire document-will be considered non-Confidential.

         3) Except where indicated otherwise in the terms of this Order, the term “Confidential Material” includes “Highly Confidential Material.” “Highly Confidential Material” potentially includes the information covered by Paragraphs 2(d) and 2(e). Should the information covered by Paragraphs 2(d) and 2(e) become the subject of court-ordered discovery, the parties will negotiate the status of this material at that time.

         4) The provisions of this Order extend to all Confidential Material regardless of the manner or form in which it is disclosed, including but not limited to documents, interrogatory responses, deposition transcripts, deposition exhibits, testimony and any other materials produced by a party in response to or in connection with any discovery conducted in this litigation, and to any copies, notes, abstracts, summaries, analyses, demonstrative exhibits or other documents that reflect information contained in the foregoing materials.

         5) The designation of Confidential Material for the purposes of this Agreed Protective Order shall be made by plainly marking the item, or where that is not possible, by marking a container or tag, with the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.” In the case of depositions, the parties shall designate the Confidential Material: (i) by a statement on the record by counsel for the Producing Party at the time of such disclosure; or (ii) by written notice, sent by counsel for the Producing Party to counsel of record for the parties to this Action within three (3) business days after receipt of the transcript of the deposition. All deposition transcripts (including exhibits) shall be considered Confidential Material and shall be subject to this Agreed Protective Order until expiration of such three-day period. The court reporter shall be instructed to mark each designated page as “CONFIDENTIAL” and the cover page of any transcript containing Confidential Material shall indicate that the transcript contains such Confidential Material.

         6) Whenever any Confidential Material is to be discussed or disclosed in a deposition, the Producing Party may exclude from the room any person who is not entitled to receive such information. The parties further agree that they can arrange for the review of potentially Confidential Material prior to designation without waiver of any claim to confidentiality. After such Material is reviewed, the Producing Party may designate copies of the ...


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