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