United States District Court, E.D. Arkansas, Helena Division
Gillham, Ark. Bar #99199 SUTTER & GILLHAM, P.L.LC.
Attorneys at Law Attorneys for Plaintiff
AGREED PROTECTIVE ORDER
Marshall Jr., United States District Judge
this, the 9th day of October 2018, the Court
reviewed the stipulation and agreement for a Protective
Order, and makes the following Orders:
Confidential Information, as later defined herein, and
obtained by the Plaintiff from the Defendant in this action,
shall be used only for the purpose of this litigation and for
no other purpose whatsoever, and shall not be given, shown,
made available or communicated in any way to anyone except
Qualified Persons, as herein defined.
Confidential Information shall be deemed to include, without
(a) Documents containing confidential personal information,
such as social security numbers, contact information, medical
information, dates of birth, and information and other
matters now requested or hereinafter requested by a party and
such other information as may be deemed by this Court to be
relevant or material herein.
(b) Any information concerning such as set forth in 2(a)
herein above as maybe, from time to time, produced by a party
and declared by the party at the time of production to be
"Confidential Information" and subject to this
Order. Materials that are being designated as confidential
that do not fall into one of the specific categories named in
Section 2(a) above, should be stamped confidential, or if
Bates numbers are used, documents may be designated as
confidential by bates number in a letter. Any designation of
confidentiality must be made in good faith to protect
legitimate privacy interests. A party may oppose a
confidentiality designation in writing within
4£-ten days of the designation, at which time
the parties shall engage in a good faith effort to resolve
the issue, and may move to remove the confidentiality
designation if that fails.
(c) Confidential information shall not include any
information which would normally be required to be disclosed
pursuant to the Arkansas Freedom of Information Act.
(d) Documents which could be disclosed under the Arkansas
Freedom of Information Act to members of the public will not
be confidential. Documents which could be disclosed under the
Arkansas Freedom of Information Act, with redactions made,
may only be considered confidential to the extent that they
would not be required to be redacted under the Arkansas
Freedom of Information Act.
Except with the prior written consent of the Defendant, or
pursuant to further Order of this Court on motion with notice
to the Defendant, no Confidential Information may be
disclosed to any person other than "Qualified
Persons" who shall be defined to include the Plaintiff,
any future counsel of record for the Plaintiff in this
action, and secretaries, para-professional assistants,
experts and other employees of such counsel who would be
actively engaged in assisting counsel in connection with this
action, court personnel, witnesses at trial or deposition,
and the jury.
delivery of Confidential Information to the Plaintiff's
counsel herein, the Defendant (or Defendant's counsel)
shall execute and submit to the Plaintiffs counsel a document
entitled "inventory of Confidential Documents
Delivered" in the form affixed hereto as Exhibit 1.
Documents containing confidential information shall be
stamped or otherwise marked as confidential.
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. When this case ends, the
parties shall return to their respective counsel all
confidential documents, material, and deposition transcripts
including all copies of all these things, or shall certify
the destruction thereof. Counsel for the parties may retain
confidential information in their files, for three years
after this case ends. Then they must destroy all confidential
information, including notes or memoranda that contain it.
Nothing in this Order shall prevent any party from seeking
modification of this Order at any time as to specific matters
designated "Confidential Information" to remove
such from the application of this Order. In the event there
is a dispute as to confidentiality, the procedures contained
in the Final Scheduling Order for discovery disputes will be
followed by the parties to address the issue (D.E. 9, p. 3).
Confidential information 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 confidential information,
substituting a page marked "Redacted" is an
acceptable redaction method. If redaction is impracticable, a
party must move for permission to file any confidential
information and a related motion, brief, or paper, containing
that material under seal. The moving party ...