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Onstead v. Johnson & Johnson Inc.

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

April 3, 2019

CHARLES LEE ONSTEAD AND ERNESTINE ONSTEAD Plaintiffs
v.
JOHNSON & JOHNSON, INC., DEPUY SYNTHES PRODUCTS, INC., DEPUY SYNTHES SALES, INC., And JOHN DOE MANUFACTURERS, DISTRIBUTORS, SUCCESSOR OR PREDECESSOR COMPANIES, SUBSIDIARIES AND PARENT ENTITIES Defendants.

          Paul D. McNeill, REECE MOORE MCNEILL, PENDERGRAFT, Attorneys for Plaintiffs

          W. Kennedy Simpson, THOMPSON MILLER & SIMPSON, PLC, And WRIGHT, LINDSEY & JENNINGS LLP, Attorneys for Defendants.

          AGREED PROTECTIVE ORDER

          HONORABLE D.P. MARSHALL, JR. UNITED STATES DISTRICT JUDGE.

         Plaintiffs, Charles Lee Onstead and Ernestine Onstead, and defendants, Johnson & Johnson, Inc., DePuy Synthes Products, Inc., and DePuy Synthes Sales, Inc., by counsel, pursuant to the provisions of FRCP 26(c)(1)(G), agree to the entry of this Protective Order, which shall govern certain designated discovery information in this case:

         1. For purposes of this Order, "Confidential" information shall mean any documents, including but not limited to electronically stored information ("ESI"), tangible things, or deposition testimony that is designated by any party with a CONFIDENTIAL watermark and the following legend:

CONFIDENTIAL. This document is subject to a Protective Order entered by the United States District Court, Eastern District of Arkansas, No. 3:18cv-222-DPM.

         2. The following procedures shall apply to "Confidential" information subject to this Order and disputes arising from such a designation:

a. Any party may designate any document, material, other thing, or portions thereof (and the information contained therein) as "Confidential." The party disclosing "Confidential" information shall mark the information at the time of disclosure.
b. If a party in good faith disagrees with a "Confidential" designation by the other party, the party shall inform counsel for the party that made the "Confidential" designation in writing of the disagreement within 30 days of receipt of such a designation.
c. Upon written notification that a party disagrees with a "Confidential" designation, counsel will confer in good faith in person in an effort to resolve the dispute without Court intervention.
d. If the parties cannot resolve the dispute after conferring, the parties shall file a joint report explaining the disagreement under the CM/EMF event "Joint Report of Discovery Dispute" following the procedure for Discovery Disputes set out in the Final Scheduling Order (Docket # 9).
e. Failure to follow the procedures outlined herein shall constitute a waiver of any rights a party may have regarding a "Confidential" designation.

         3. All "Confidential" information shall be used only for the purposes of this case, including trial and preparation for trial, shall not be used for any other purpose, including other litigation (except as allowed by applicable rules of evidence), and shall not be disclosed to any person or governmental agency or otherwise made public except in compliance with the terms of this Order.

a. Except as otherwise provided herein, "Confidential" information may be disclosed by the ...

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