United States District Court, E.D. Arkansas
QUATTLEBAUM, GROOMS & TULL PLLC Michael N. Shannon,
Joseph W. Price, II, Thomas H. Wyatt, Attorneys for Plaintiff
Propst Properties, LLC.
RAGON OWEN, P.A. Little Rock, Dylan H. Potts, Wm. David Duke,
Danielle M. Whitehouse, Attorneys for Defendants Zigurds
Vitols and Westbrook Willow, LLC.
MITCHELL, WILLIAMS, SELIG, GATES & WOODYARD, P.L.L.C.
Little Rock, John Keeling Baker, Attorneys for Defendants
Select Sands Corporation, Select Sands America Corporation,
and Rasool Mohammad.
AGREED PROTECTIVE ORDER
D.P. MARSHALL JR. UNITED STATES DISTRICT JUDGE.
Parties (the "Parties") intheabove-captioned action
(the "Action"), through their undersigned
attorneys, have represented to the Court and the Court finds
A. Prior to the July 20, 2018 Amended Complaint filed by
Plaintiff, Plaintiff and Westbrook Willow, LLC anticipated
the need for discovery in the action, including the
production and disclosure of documents, data, and other
materials and information, the answering of interrogatories
and requests for admission, and the taking of testimony by
oral deposition from each other and from third persons and
they secured from the Pulaski County Court entry of a
Protective Order on January 19, 2018 ("State Court
B. Prior to the removal of this action to this Court,
Plaintiff and Westbrook Willow, LLC exchanged Discovery
Material that was marked as Confidential and filed redacted
papers with the Clerk, all in accordance with the State Court
C. Some information sought to be produced by the Parties
during discovery likely will represent or contain personal
health information or confidential research, development,
financial, technical, or commercial information including
policies and procedures developed for a particular party to
this case within the scope and meaning of Fed.R.Civ.P.
D. The need for prompt and orderly discovery in this
proceeding may make it impossible or impracticable for the
Parties to ensure that their rights under Fed.R.Civ.P.
26(c)(1)(G) are fully protected at the time that discovery
material is produced or disclosed absent an Order from the
Court to protect the confidentiality of the materials and
information likely to be produced in this Action.
support of this Order, the Court finds:
Discovery Material. "Discovery Material,
"as used herein, shall refer to:
(a) all deposition or transcribed hearing testimony of the
Parties; however, the marking of deposition testimony as
"CONFIDENTIAL" shall be limited to areas that
specifically quote or discuss areas of
"CONFIDENTIAL" testimony or that include the
marking of exhibits that are "CONFIDENTIAL;"
(b) all documents and other discovery materials produced by
any Party (i) in response to any discovery request or initial
disclosure requirement, (ii) pursuant to any Order of the
Court, or (iii) pursuant to any agreement of the Parties;
(c) all deposition or transcribed hearing testimony of any
person or entity that is not a party to the Action; and,
(d) all documents or other information submitted or produced
by any Non-Party (i) in response to any subpoena issued in
connection with or arising from this Action, (ii) pursuant to
any Order of the Court, or (iii) pursuant to any agreement
with the Parties, or with any Party, in the Action.
Scope. All Discovery Material disclosed by the
Parties and by any non-parties to the Action shall be handled
by the Parties in accordance with this Agreed Protective
Order (the "Order"). This Order does not affect the
rights of the Party producing or disclosing Discovery