Marks v. U.S. Xpress Inc.

          AGREED PROTECTIVE ORDER

          BILLY ROY WILSON UNITED STATES DISTRICT JUDGE.

         Plaintiff has served discovery requests on U.S. Xpress, Inc., wherein he requested inter alia confidential employment/personnel records for U.S. Xpress, Inc.'s driver, Mr. Jeremiah Layklermoo. U.S.Xpress, Inc., submitted responses to these requests, inter alia, by objecting to providing information that is confidential, private, or proprietary, but agreeing to provide various documents provided that they be produced subject to a Protective Order.

         The Court finds as follows:

1. Pursuant to the Court's authority under Fed.R.Civ.P. 26(c), a protective order should issue with regard to the production of certain proprietary or otherwise confidential company records that defendant has agreed to produce (subject to this order) including certain of Mr. Laykermoo's employment records, (henceforth all collectively referred to as the “protected materials”) in connection with this litigation.

2. Defendants shall designate any protected materials by writing or stamping the words “protected materials” or other similar designation on the document being produced.

3. The protected materials produced during the discovery and litigation of this matter shall not be disclosed by Plaintiff, by his counsel or representatives, or by their witnesses to any person other than to counsel for the parties and counsel's employees actively engaged in the conduct of this litigation, to any experts retained for the purpose of assisting counsel in trial preparation for this case, and to those specific witnesses who may testify in this action about topics pertaining to the protected materials provided that prior to disclosure, each individual to whom disclosure is made is advised of, and specifically agrees to abide by, this order by executing a Confidentiality Acknowledgement in the form attached hereto as Exhibit A. The protected materials shall not be distributed for use in connection with any other claim or litigation absent specific written authorization of U.S. Xpress, Inc. If any of these materials are filed with the Court, the documents must be filed under seal. If utilized in depositions, the court reporter shall be notified that such documents will be kept confidential and attached under cover. Nothing in this Order affects the admissibility of any such documents at trial as ruled upon by the Court pursuant to the Federal Rules of Evidence.

4. The non-disclosure provisions of this order shall not terminate at the conclusion of this action. Also, any disclosure shall be made in a manner such that the confidential information does not become a matter of public record unless Plaintiff is granted authorization by this Court to introduce them into evidence at trial. Furthermore, in the event that any protected material is ultimately used in any Court proceedings, it shall not lose its proprietary or confidential status through such use.

5. Any party may request that any document containing protected materials be filed under seal.

6. Within 45 days after final conclusion of all aspects of this litigation, all protected materials (and all copies thereof) shall be returned to counsel for U.S. Xpress, Inc., together with a certificate of compliance signed by Plaintiff's counsel; however, it is agreed that Plaintiff's counsel may (for a period of three years) retain one copy of all protected materials for counsel's file, which will be kept confidential until destroyed no later than three years after all aspects of this litigation have concluded.

7. All lingering issues, if any, regarding disclosure or production of other documents (for which agreement among the parties has not been reached) shall be addressed by separate order.

         IT IS ORDERED

         EXHIBIT A

         CONFIDENTIALITY ACKNOWLEDGEMENT

         I have been designated by Plaintiff (or by his counsel) as a person who may have access to “Protected Materials” as that term is defined in the Agreed Protective Order (the ...