Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Scott v. Revclaims LLC

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

September 4, 2018

TRACEY SCOTT AND LORRENZO HAMPTON, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED PLAINTIFFS
v.
REVCLAIMS, LLC and ST. BERNARD'S HOSPITAL, INC. DEFENDANTS

          BRANDON W. LACY ATTORNEYS FOR PLAINTIFFS TRACEY SCOTT AND LORRENZO HAMPTON

          PAUL WADDELL SAM WADDELL WADDELL, COLE & JONES, PLLC ATTORNEYS FOR DEFENDANT ST. BERNARDS HOSPITAL, INC.

          JOSEPH L. ADAMS JONES WALKER LLP, JEFFREY W. PURYEAR, MARK MAYFIELD, RYAN M. WILSON WOMACK PHELPS PURYEAR MAYFIELD & McNEIL, P.A. ATTORNEYS FOR DEFENDANT REVCLAIMS, LLC

          AGREED PROTECTIVE ORDER

          Hon. J. Leon Holmes,' United States District Judge

         On this day, the following matter comes before the Court on the parties' joint request for entry of a protective order:

         1. For purposes of this Order, "Confidential Documents" shall include any documents that a party or its counsel designated 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 the non-party, any party, or counsel for any party as "Confidential Documents" under the terms of this 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. Notwithstanding any other provision of this Order, this Order is not intended to comply with the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), or the Privacy Rule, 45 C.F.R. § 160.101 et seq., and this Order shall not serve as a basis to demand production of any documents or information that are or would be protected or prohibited from disclosure under HIPAA and/or the Privacy Rule.

         3. For purposes of this Order, "Confidential Information" shall include any information provided in disclosures, in response to a written discovery request, as an exhibit to a motion or other filing, or in response to a deposition question that a party or its counsel, or a deponent 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.

         4. At the time a party or non-party produces documents in this action, the producing party may designate documents as Confidential Documents by stamping on each page of the documents the work "Confidential." 5. At the time a party makes a disclosure or responds to a written discovery request, the producing party may designate information as Confidential Information by stating in writing in the disclosure or in response to the written discovery request that the information is Confidential Information and by indicating on the first page of the disclosure or written discovery responses that the document contains Confidential Information.

         6. During any deposition, a deponent or counsel for a deponent, or a party or counsel for a party, may designate testimony being provided in response to a deposition question as Confidential Information. In addition, a deponent or counsel for a deponent, or a party or counsel for a party, may designate additional Confidential Information by indicating to all parties, in writing, 21 days following receipt of a deposition transcript the specific line numbers and page numbers of the transcript that contain Confidential Information.

         7. If any party receiving Confidential Documents or Confidential Information believes that the documents or information is not entitled to the protections set forth in this Order, the receiving party shall, within 30 days of receiving the documents or information, indicate to the producing party, in writing, copying all parties to this action, the specific documents or information that the receiving party believes fall outside the protections set forth in this Order, and shall state in writing the rationale for the removal of the documents or information from the protections set forth in this Order.

         8. If the producing party or any party to this action objects to the receiving party's written notice that the identified documents or information falls outside the protections set forth in this Order, the objection shall be made in writing to all counsel within 21 days of receiving the written notice, or the claim of confidentiality shall be waived. If an objection is made is writing, it shall state the rationale for maintaining the identified documents or information under the protections set forth in this Order. Counsel shall confer in good faith in person. If the parties are unable to resolve their dispute over the designation of that material, the parties shall follow the Court's Final Scheduling Order provisions regarding Discovery Disputes.

         9. Neither the service of the written notice described in ¶ 7, nor the service of the written objection described in¶ 8, shall remove the identified documents or information from the protections set forth in this Order. Until the parties resolve the dispute among themselves or the producing party or the party claiming confidentiality waives the claim of confidentiality, or the Court resolves the dispute (including any appeals), the identified documents or information shall retain the protections set forth in this Order.

         10. 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 and potential witnesses, consultants, and expert witnesses specially retained or specially employed for purposes of the action. To the extent any Confidential Documents or Confidential Information is provided to non-party witnesses or potential witnesses, consultants, or expert witnesses, each non-party witness or potential witness, consultant, or expert witness shall agree in writing, in the form attached to this Order as Exhibit A, prior to receiving any Confidential Documents or Confidential Information, that he or she shall be bound by the terms of this Order and shall return all Confidential Documents and Confidential Information upon conclusion of the action. Each party shall keep its Exhibit A(s) containing original or electronic signatures until such time as each person or entity receiving Confidential Documents and Confidential Information pursuant to Exhibit A has returned or destroyed all Confidential Documents and Confidential Information. Nothing in this Order prevents any party from disclosing Confidential Documents and Confidential Information to the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.