United States District Court, E.D. Arkansas, Western Division
CRYSTAL RAINEY, Individually and on Behalf of All Others Similarly Situated PLAINTIFF
MEDPARTNERS, INC. DEFENDANT
Maximilian R. X. Sprinkle (ABN 2013030) ATTORNEY FOR
Burks, ABN 2010207 Josh Sanford, ABN 2001037 SAN FORD LAW
FIRM, PLLC One Financial Center ATTORNEYS FOR PLAINTIFF
PROTECTIVE ORDER PURSUANT TO STIPULATION AND
HONORABLE D. P. MARSHALL JR. U.S. DISTRICT JUDGE.
Confidential Information, as defined below, and produced by
either party or pursuant to a release for medical or
employment records or subpoena 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) Those personnel files, medical reports, rates of pay,
interview information, insurance coverage information,
benefits information, financial information, and other
matters requested by the parties or relating to the operation
and organization of Defendants.
b) Any information produced and declared by the party at the
time of production to be "Confidential Information"
and subject to this Order. This designation must be in
writing and may be by letter of transmittal to the party.
Except with the prior written consent of the party or
pursuant to further Order of this Court on motion with notice
to the party, no Confidential Information may be disclosed to
any person other than "Qualified Persons" who shall
be defined to include the parties, any future counsel of
record for the parties in this action, potential witnesses
during investigation, discovery, trial preparation, and
trial, and secretaries, paraprofessional assistants, and
other employees of such counsel who would be actively engaged
in assisting counsel in connection with this action.
Plaintiff agrees that Confidential Information shall not be
disclosed to anyone, unless used in the course of trial
preparation, depositions, or the actual trial proceedings.
Plaintiff agrees that if Confidential Information is
disclosed during trial preparation or depositions, Plaintiff
shall advise the recipient of the information that he/she
must keep the information confidential except during
depositions or the actual trial proceedings. Plaintiff
specifically agrees that Confidential Information contained
in the personnel files of current or former employees will
not be disclosed to anyone, unless used in the course of the
actual trial proceedings.
Disputes. Counsel must confer in good faith in person before
bringing any dispute over whether material is confidential to
the Court. If the parties reach an impasse, they should file
a joint report explaining the disagreement. They should file
this paper under the CM/ECF event called "Joint Report
of Discovery Dispute". The joint report must not exceed
ten pages, excluding the style and signature block. Each side
gets five pages. Do not file a motion asking for more pages.
Use double spacing and avoid footnotes. Attach documents as
needed. Redact any attachments as required by Federal Rule of
Civil Procedure 5.2 to protect confidential information. The
Court will rule or schedule a hearing. Alert the law clerk on
the case to the joint report's filing. If a dispute
arises during a deposition, call chambers so the Judge can
rule during the deposition.
Order, insofar as it restricts the communication in any way
and use of Confidential Information, shall remain in effect
for one year after the end of this case, including any
appeals. Thereafter, it shall remain in effect, subject to
its terms, only as a matter of contract between the parties
and signers of the agreement. Within one year after the
conclusion of this action, including all appeals, counsel may
destroy the confidential information, or counsel shall return
all Confidential Information to the party to this litigation
who produced the information, including any originals and
copies of correspondence, memoranda, notes, or any other
documents embodying such information, in whole or in part,
and pay reasonable expenses for the return of the documents.
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
them from the application of this Order.
an electronic or paper filing with the Court, Confidential
Information shall be redacted if practicable. When redaction
is impracticable, then a party must move for permission to
file a document under seal. The party must make a
document-by-document showing with specifics that the
information is not public and that sealing is necessary to
protect it. Only the Court, Court personnel, and ...