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Mays v. Dolgencorp LLC

United States District Court, E.D. Arkansas, Jonesboro Division

April 18, 2018

ELLEN MAYS AND ROBERT MAYS, SR. PLAINTIFFS
v.
DOLGENCORP, LLC D/B/A DOLLAR GENERAL DEFENDANT

          Quattlebaum, Grooms & Tull PLLC Justice J. Brooks, Attorneys for Dolgencorp, LLC

          Ford & Cook, PLC Bryce D. Cook, Paul N. Ford Attorneys for Ellen Mays and Robert Mays, Sr.

          CONFIDENTIALITY ORDER

          HONORABLE D.P. MARSHALL JR. JUDGE.

         With the parties' agreement, and pursuant to Federal Rule of Civil Procedure 26(c), the Court orders:

         1. For purposes of this Confidentiality Order, "Confidential Documents" shall include any documents that a Party or its counsel designates as confidential based upon a good-faith belief that the designation is appropriate because the documents contain proprietary or confidential business or financial information, trade secrets, or non-public information of a commercially sensitive, personal, or private nature. Any documents produced by a non-Party in this Action, pursuant to subpoena or otherwise, may be designated by such non-Party or by any Party or counsel for any Party as "Confidential Documents" under the terms of this Confidentiality Order. Confidential Documents may include information of whatever kind, including but not limited to written information and information otherwise recorded on any medium, including without limitation paper, photographs, recordings, and electronic, optical, and magnetic disks and files.

         2. For purposes of this Confidentiality Order, "Confidential Information" shall include any information provided in disclosures, in response to a written discovery request, or in response to a deposition question that a Party or its counsel designates as confidential based upon a good-faith belief that the designation is appropriate because of the proprietary or confidential business or financial nature of the information, trade secrets contained in the information, or the non-public, sensitive, personal, or private nature of the information.

         3. At the time a Party or non-Party produces documents in this Action, the Party or non-Party producing the documents (the "Producing Party") may designate any such documents as Confidential Documents by stamping on each page of such documents the word "CONFIDENTIAL."

         4. At the time a Party responds to a written discovery request, the Party producing information may designate such information as Confidential Information by stating in writing in response to the written discovery request that the information is Confidential Information and by indicating on the first page of the written discovery responses that the document contains Confidential Information.

         5. In the case of deposition testimony, the designating party shall advise opposing counsel of the specific pages to be maintained in confidence within twenty (20) calendar days after receipt of the transcript of the deposition. Pending notification from opposing counsel during the twenty (20) calendar day period, all transcript pages shall be treated as "CONFIDENTIAL" and may be used only in accordance with such designation under this Protective Order.

         6. If any Party receiving Confidential Documents or Confidential Information (the "Receiving Party") believes that such documents or information are not entitled to the protections set forth in this Confidentiality Order, the Receiving Party shall, within three weeks of receiving such documents or information, indicate to the Producing Party, in writing, the specific documents or information that the Receiving Party believes falls outside of the protections set forth in this Confidentiality Order ("Identified Documents or Information") and state in writing the rationale for the removal of such Identified Documents or Information from the protections set forth in this Confidentiality Order.

         7. If the Producing Party objects, in writing, to the Receiving Party's written notice that the Identified Documents or Information falls outside of the protections set forth in this Confidentiality Order, such objection shall be made within three weeks of receiving such written notice, or the claim of confidentiality shall be waived. If such objection is made in writing, it shall state the rationale for maintaining the Identified Documents or Information under the protections set forth in this Confidentiality Order. If the Receiving Party desires to challenge the claim of confidentiality, then the parties must attempt in good faith to resolve the issue. Counsel should meet and confer in person. If they can't resolve the dispute, then they must file a joint report pursuant to the Final Scheduling Order, N° 8 at 3.

         8. Neither the service of the written notice described in paragraph 6 nor the service of the written objection or filing of a discovery dispute described in paragraph 7 shall remove the Identified Documents or Information from the protections set forth in this Confidentiality Order. Until the Parties resolve the dispute among themselves, the Producing Party waives the claim of confidentiality, or the Court resolves the dispute, the Identified Documents or Information shall retain the protections set forth in this Confidentiality Order.

         9. The Parties agree that Confidential Documents and Confidential Information shall not be disclosed, directly or indirectly, to anyone other than the Parties, attorneys for the Parties, witnesses, consultants, and expert witnesses specially retained or specially employed for purposes of the Action. To the extent any Confidential Documents or Confidential Information are provided to non-Party witnesses, consultants, or expert witnesses, each non-Party witness, consultant, or expert witness shall agree in writing, in the form attached to this Confidentiality Order as Exhibit A, before receiving any Confidential Documents or Confidential Information, that he (a) shall be bound by the terms of this Confidentiality Order and (b) shall return all Confidential Documents and Confidential Information upon conclusion of the Action. Nothing in this Confidentiality Order prevents any Party from disclosing Confidential Documents and Confidential Information to the Court, its staff, and court reporters at deposition or trial, subject to such protections as the Court may order with respect to the treatment of Confidential Documents and Confidential Information at trial. Nothing in this Confidentiality Order restricts what a Producing Party may do with Confidential Documents or Confidential Information it produces.

         10. Confidential Documents and Confidential Information will not be filed on the public docket. If practicable, it shall be redacted. Fed.R.Civ.P. 5.2. If redaction is impracticable, a party must move for permission to file under seal any confidential information and related motion, brief, exhibit, or paper containing that material. The moving party must justify ...


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