United States District Court, W.D. Arkansas, Texarkana Division
WHITE & OSBORN LLP CALEB E. MASON Attorneys for
Propounding Party Aldo Daniel Gastelum
DONOVAN & TILLEY, P.A. STACID. CARSON Attorneys for
Responding Party Thrifty, Inc.
PROPOSED STIPULATED PROTECTIVE ORDER
SUSAN O. HICKEY UNITED STATES DISTRICT JUDGE.
Party Defendant Aldo Gastelum ("Mr. Gastelum") and
Responding Party Thrifty, Inc. ("Thrifty")
(collectively "the parties"), by and through their
respective counsel of record, hereby submit the following
Stipulated Protective Order to govern Thrifty's
production of documents in response to Mr. Gastelum's
subpoena served on or about October 15, 2018
PURPOSES AND LIMITATIONS
production of documents in response to the Subpoena is likely
to involve production of confidential or private information,
specifically, employment records of identified Thrifty
employees, for which special protection from public
disclosure and from use for any purpose other than litigating
this case may be warranted. Accordingly, the parties hereby
stipulate to and petition the Court to enter the following
Stipulated Protective Order. The parties acknowledge that
this Order does not confer blanket protections on all
disclosures or responses to discovery and that the protection
it affords from public disclosure and use extends only to the
limited information or items that are entitled to
confidential treatment under the applicable legal principles.
GOOD CAUSE STATEMENT
action is likely to involve private information and records
for which special protection from public disclosure and from
use for any purpose other than prosecution of this action is
warranted. That confidential material and information may
consist of, among other things, employment records of
identified Thrifty employees, which is otherwise generally
unavailable to the public, or which may be privileged or
otherwise protected from disclosure under state or federal
statutes, court rules, case decisions, or common law.
Accordingly, to expedite the flow of information, to
facilitate the prompt resolution of disputes over
confidentiality of discovery materials, to adequately protect
information the parties are entitled to keep confidential, to
ensure that the parties are permitted reasonable necessary
uses of such material in preparation for and in the conduct
of trial, to address their handling at the end of the
litigation, and serve the ends of justice, a protective order
for such information is justified in this matter. It is the
intent of the parties that information will not be designated
as confidential for tactical reasons and that nothing be so
designated without a good faith belief that it has been
maintained in a confidential, non-public manner, and there is
good cause why it should not be part of the public record of
ACKOWLEDGMENT OF PROCEDURE FOR FILING UNDER
parties further acknowledge, as set forth in Section 12.3,
below, that this Stipulated Protective Order does not entitle
them to file confidential information under seal; and a
specific showing of good cause or compelling reasons with
proper evidentiary support and legal justification, must be
made with respect to Protected Material that a party seeks to
file under seal. The parties' mere designation of
Disclosure or Discovery Material as CONFIDENTIAL does not-
without the submission of competent evidence by declaration,
establishing that the material sought to be filed under seal
qualifies as confidential, privileged, or otherwise
protectable- constitute good cause.
each item or type of information, document, or thing sought
to be filed or introduced under seal in connection with a
dispositive motion or trial, the party seeking protection
must articulate compelling reasons, supported by specific
facts and legal justification, for the requested sealing
order. Again, competent evidence supporting the application
to file documents under seal must be provided by declaration.
document that is not confidential, privileged, or otherwise
protectable in its entirety will not be filed under seal if
the confidential portions can be redacted. If documents can
be redacted, then a redacted version for public viewing,
omitting only the confidential, privileged, or otherwise
protectable portions of the document, shall be filed. Any
application that seeks to file documents under seal in their
entirety should include an explanation of why redaction is
Action: this pending federal lawsuit, United
States of America v. Aldo Daniel Gastelum, No.
4:18-cr-40020-001-HFB (W.D. Ark.).
Challenging Party: a Party or Non-Party that
challenges the designation of information or items under this
"CONFIDENTIAL" Information or Items:
information (regardless of how it is generated, stored or
maintained) or tangible things that qualify for protection
under Federal Rule of Civil Procedure 26(c), and as specified
above in the Good Cause Statement.
Counsel: Outside Counsel of Record and House Counsel
(as well as their support staff).
Designating Party: a Party or Non-Party that
designates information or items that it produces in
disclosures or in responses to discovery as
Disclosure or Discovery Material: all items or
information, regardless of the medium or manner in which it
is generated, stored, or maintained (including, among other
things, testimony, transcripts, and tangible things), that
are produced or generated in disclosures or responses to
discovery in this matter.
Expert: a person with specialized knowledge or
experience in a matter pertinent to the litigation who has
been retained by a Party or its counsel to serve as an expert
witness or as a consultant in this Action.
House Counsel: attorneys who are employees of a
party to this Action. House Counsel does not include Outside
Counsel of Record or any other outside counsel.
Non-Party: any natural person, partnership,
corporation, association, or other legal entity not named as
a Party to this action.
Outside Counsel of Record: attorneys who are not
employees of a party to this Action but are retained to
represent or advise a party to this Action and have appeared
in this Action on behalf of that party or are affiliated with
a law firm which has appeared on behalf of that party, and
includes support staff.
Party: any party to this Action, including all of
its officers, directors, employees, consultants, retained
experts, and Outside Counsel of Record (and their support
Producing Party: a Party or Non-Party that produces
Disclosure or Discovery Material in this Action.
Professional Vendors: persons or entities that
provide litigation support services (e.g., photocopying,
videotaping, translating, preparing exhibits or
demonstrations, and organizing, storing, or retrieving data
in any form or medium) and their employees and
Protected Material: any Disclosure or Discovery
Material that is ...