United States District Court, E.D. Arkansas, Jonesboro Division
VALERO PARTNERS WEST MEMPHIS, LLC and VALERO MKS LOGISTICS, LLC, Plaintiff,
SMITHLAND TOWING & CONSTRUCTION, LLC and WESTERN RIVERS BOAT MANAGEMENT, INC., Defendants.
Christopher H. Crain (AR#91219), Michael G. Derrick (TN#
14820), Attorneys for Plaintiffs.
Carl Marshall, Mr. Allan C. Crane, The Miller Law Firm
Attorneys for Defendants.
AGREED PROTECTIVE ORDER
being represented to the Court that the Defendants have
requested documents and things from Valero Partners West
Memphis, LLC and Valero MKS Logistics, LLC.
("Plaintiffs"), which involve trade secrets,
confidential research, proprietary materials, certain
financial information, information that may be pertinent to
safety and security, and development and commercial
information belonging to Plaintiffs; and it being represented
to the Court that Plaintiffs are willing to provide certain
documents and things for inspection and review only under a
Protective Order on the following terms; and
being represented to the Court that all of the parties are in
agreement on the terms of the Protective Order; therefore, It
is hereby ORDERED that:
Plaintiffs will disclose documents and things that it
designates as "Confidential" or
"Proprietary" to the parties to this suit and their
attorneys, only pursuant to this Order and under the
conditions that follow.
Confidential or proprietary documents and things, as well as
their contents, shall be maintained in confidence by all
parties this case and their counsel. These materials shall
not be photocopied or reproduced by any means without the
prior consent of counsel for Plaintiffs or until further
Order of this Court.
Confidential or proprietary documents or things must be used
only for purposes of this case and no other purpose. No.
person who examines any document or thing produced pursuant
to this Order shall disseminate orally, in writing, or by any
other means, the document(s) or the information in it, to any
person not also authorized to examine documents under the
terms of this Order.
Confidential or proprietary documents and things shall not be
filed on the public docket. This kind of
material;and its contents, shall be redacted if
practicable from any filing with the Court. Fed R. Civ. P.
5.2. If redaction is impracticable, then a party must move
for permission to file a document or thing under seal. The
party must make a document-by-document showing that sealing
is necessary to protect the information.
parties to this case and their counsel may permit an expert
or experts hired by the parties in this case to review the
documents subject to this Protective Order, but counsel for
the parties must first obtain from each expert a written
statement confirming the expert's agreement to comply
with every element of this Protective Order. The expert shall
agree that the documents or things, and their
contents> shall not be disclosed to any other
person or entity and these documents shall not be photocopied
or reproduced by any means. Any documents provided to experts
must be destroyed or returned to counsel within 30 days of
the conclusion of this case pursuant to the terms of
paragraph 7 below.
Order shall not restrict in any manner the right of any party
to offer or use as evidence at the trial of this action any
of the documents subject to this Protective Order. And
nothing in this Order shall be construed as a waiver of any
objection which might be raised as to the admissibility of
any evidentiary material.
the conclusion of this lawsuit be it by settlement, verdict,
dismissal by judgment;order, or otherwise, all
materials of Plaintiffs, including any and all copies, or
renditions made from the materials or things provided or
disclosed in accordance with this Protective Order, shall be
destroyed or returned to Plaintiffs' counsel within 30
days. This Order shall be in effect for 120 days after this
litigation is concluded.
the event of a dispute about whether a document is
confidential or proprietary, counsel will confer in good
faith in person before bringing the discovery dispute to the
Court. If the parties reach an impasse, then they will file a
joint report explaining the dispute. The parties will follow
the format and procedure for the filing of any Joint Report
of Discovery Dispute as set forth in the Court's Final
Scheduling Order (Doc. 9, page 3) concerning any
material breach of the terms of this Protective Order shall