United States District Court, E.D. Arkansas, Jonesboro Division
D. McNeill, REECE MOORE MCNEILL, PENDERGRAFT, Attorneys for
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.
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:
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.
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.
"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