United States District Court, E.D. Arkansas, Western Division
ADKINS, ASSISTANT ATTORNEY GENERAL, WILLIAM C. BIRD III,
ASSISTANT ATTORNEY GENERAL ATTORNEYS FOR THE DEFENDANTS
WILLIAM WHITFIELD HYMAN, KING LAW GROUP, PLLC ATTORNEY FOR
MARSHALL JR. UNITED STATES DISTRICT JUDGE
Protective Order governs the parties to this action and their
lawyers, as follows:
documents, information, copies, transcriptions, or other
reproductions of documents or information (hereinafter
"Information") produced in this action that
contain, describe, identify, or refer to confidential and/or
private Information may be stamped "CONFIDENTIAL"
by the producing party and, if so stamped, will be subject to
the provisions of this Protective Order.
lawyer who wishes to challenge the "CONFIDENTIAL"
designation made by the producing party of any Information
must first attempt in good faith to confer in person with
lawyers for the producing party in an effort to resolve the
issue amicably. If agreement cannot be reached, the parties
should file a joint report explaining the disagreement; the
joint report shall be drafted and filed and in accordance
with the Final Scheduling Order (DE 10) issued by this Court.
Information designated as "CONFIDENTIAL" will
continue to be treated as such and subject to the provisions
of this Protective Order pending determination by the Court.
Information designated as "CONFIDENTIAL" may be
used only for this action and for no other action or purpose.
Information designated as "CONFIDENTIAL" may not,
without leave of this Court, be disclosed to any person or
entity other than this Court (under seal) except as stated in
this Protective Order.
disclosure by a lawyer of Information designated as
"CONFIDENTIAL" to that lawyer's client, to
paralegals and clerical staff employed by that lawyer's
office, or to experts retained by that lawyer, will not
constitute a violation of or waiver of the protection
afforded by this Protective Order so long as the person to
whom disclosure is made has executed an Affidavit in the form
attached hereto as Exhibit A. A lawyer who discloses
Information designated as "CONFIDENTIAL" pursuant
to this paragraph must maintain each Affidavit executed by
persons to whom that lawyer has disclosed Information
designated as "CONFIDENTIAL." 5. If Information
designated as "CONFIDENTIAL" is to be identified,
discussed, or disclosed during a deposition taken in this
action of any person or entity other than those persons or
entities described in paragraphs 3 and 4 above, the deponent
must be required to acknowledge on the record, before any
identification, discussion or disclosure of Information
occurs, that he or she has been advised of and has agreed to
be bound by the terms of this Protective Order.
party may designate as "CONFIDENTIAL" portions of
any deposition transcript wherein Information designated as
"CONFIDENTIAL" is identified, discussed, or
disclosed. Portions of a deposition transcript so designated
will be subject to the terms of this Protective Order. The
designation must be made on the record during the deposition
or by letter sent by facsimile or electronic mail to opposing
counsel within five business days after receipt of the
transcript. The portions of a deposition transcript that
mention or discuss Information designated as
"CONFIDENTIAL" must be treated as
"CONFIDENTIAL" and therefore subject to this
Protective Order until 5:00 p.m. Central Time on the fifth
business day after receipt of the transcript. All portions of
the deposition transcript not designated as
"CONFIDENTIAL" by 5:00 p.m. Central Time on the
fifth business day after receipt of the transcript are
excluded from the protections of this Protective Order.
during the course of pre-trial or trial proceedings, a lawyer
for a party intends to identify, discuss, or disclose
Information produced by the opposing party and designated as
"CONFIDENTIAL," that lawyer must give prior notice
to opposing counsel so that the producing party may seek
Information designated as "CONFIDENTIAL" must not
be filed on the public docket. If practicable, it should be
redacted. Fed.R.Civ.P. 5.2. If an entire page contains
Information designated as "CONFIDENTIAL,"
substituting a page marked "Redacted" is an
acceptable redaction method. If redaction is impracticable, a
party must move for permission to file any Information
designated as "CONFIDENTIAL" and an related motion,
brief, or paper, containing that material under seal. The
moving party must justify sealing with specifics and solid
reasons, including an explanation about why redaction cannot
be done. Sealed papers must be filed in compliance with
Section IV.B of this Court's CM/ECF Administrative
Policies and Procedures Manual for Civil Filings.
Accordingly, affixed to the exterior of the envelope shall be
a cover sheet containing: (1) the case caption; (2) the name
of the document if it can be disclosed publicly, otherwise an
appropriate title by which the document may be identified on
the public docket; and (3) the name, address, and telephone
number of the person filing the document.
lawyer for a party may comment in the presence of the jury on
the reasons or motivation for designating Information as
"CONFIDENTIAL" without first having obtained
permission of the Court to do so.
This Order shall remain in effect for one year after this
case ends, including any appeal. Thereafter, the obligations
imposed shall continue, but shall be solely a matter of
contract between the parties.
Within sixty (60) days after final adjudication of this
action, all Information designated as
"CONFIDENTIAL" by the producing party must be
destroyed or returned. Upon request by the producing party, a
party must verify that all such items have been destroyed or
returned to the producing party. The verification ...