United States District Court, E.D. Arkansas, Northern Division
CONFIDENTIALITY AND PROTECTIVE ORDER
Kristine G. Baker United States District Judge
Before
the Court is the motion for protective order filed by
consolidated defendants Larry Norris, Ray Hobbs, Wendy
Kelley, Linda Dixon, John Maples, Maggie Capel, Nurzuhal
Faust, Christopher Budnik, John Mark Wheeler, Don Yancey, and
Linda Dykes (collectively, the “ADC defendants”)
(Dkt. No. 47). Plaintiff Leticia Villarreal opposes the
motion (Dkt. No. 48). ADC defendants filed a reply (Dkt. No.
49).
For
good cause shown, the Court grants ADC defendants' motion
for protective order pursuant to Federal Rule of Civil
Procedure 26(c) (Dkt. No. 47). The Court enters this
Confidentiality and Protective Order (“Order”),
which shall govern the above-captioned action and any action
consolidated therewith. References to “this
action” or “this litigation” shall refer to
the above-captioned action and any action or litigation
consolidated therewith.
The
Court drafted this Order based upon its understanding of the
parties' concerns and proposals with respect to
anticipated discovery in this matter. To the extent the
parties believe the Court did not address or fully appreciate
issues presented by anticipated discovery in this matter, the
parties may file a motion for reconsideration with the Court
raising these issues specifically.
1.
PURPOSES AND LIMITATIONS
Disclosure
and discovery activity in this action are likely to involve
production of confidential, proprietary, or private
information for which special protection from public
disclosure and from use for any purpose other than
prosecuting this litigation may be warranted. Accordingly,
the Court enters the following Order that shall govern the
handling of any information, document or thing, or portion of
any document or thing that warrants confidential treatment as
provided for herein. 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.
2.
DEFINITIONS
2.1.
Acknowledgment and Agreement to Be Bound: the
Acknowledgment and Agreement to Be Bound that is attached
hereto as Exhibit A. Counsel who disclose Confidential
Information or Items or Highly Confidential Information or
Items pursuant to this Order must maintain each
Acknowledgment and Agreement to Be Bound executed by persons
to whom counsel has disclosed Confidential Information or
Items or Highly Confidential Information or Items.
2.2.
Challenging Party: a Party or Non-Party who
challenges the designation of information or items under this
Order.
2.3.
“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). Confidential
Information or Items also means and includes derivations,
abstracts, excerpts, summaries, compilations, or analyses of
Confidential Information.
2.4.
Counsel (without qualifier): Outside Counsel and
In-House Counsel (as well as their support staff) and future
counsel of record.
2.5.
Designating Party: a Party or Non-Party that
designates information or items that it produces in
disclosures or in responses to discovery as
“CONFIDENTIAL” or “HIGHLY
CONFIDENTIAL.” 2.6. 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
action.
2.7.
“HIGHLY CONFIDENTIAL” Information or
Items: information (regardless of how it is generated,
stored, or maintained) or tangible things that qualify for
the heightened protection described in this Order and under
Federal Rule of Civil Procedure 26(c). Highly Confidential
Information or Items also means and includes derivations,
abstracts, excerpts, summaries, compilations, or analyses of
Highly Confidential Information.
2.8.
Non-Party: any natural person, partnership,
corporation, association, or other legal entity not named as
a Party to this action.
2.9.
Party: any named party to this action, including all
of its officers, directors, and employees.
2.10.
Privileged Material: any document or information
that is protected from disclosure by a privilege, immunity,
or other protection, including, without limitation, the
attorney-client privilege, the work product doctrine, or the
joint defense or common interest privilege.
2.11.
Producing Party: a Party or Non-Party that produces
Disclosure or Discovery Material in this action.
2.12.
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 subcontractors
to the extent they provide such services.
2.13.
Protected Material: any Disclosure or Discovery
Material that is defined and/or designated as
“CONFIDENTIAL” or “HIGHLY
CONFIDENTIAL.” This term also includes any document
which, due to its format or type, is not amenable to physical
branding or stamping but for which the Producing Party has
notified the Receiving Party in writing is Confidential
Information or Highly Confidential Information.
2.14.
Receiving Party: a Party that receives Disclosure or
Discovery Material from a Producing Party.
3.
SCOPE
The
protections conferred by this Order cover not only Protected
Material (as defined above), but also (1) any information
copied or extracted from Protected Material; (2) all copies,
excerpts, summaries, or compilations of Protected Material;
and (3) any testimony, conversations, or presentations by
Parties or their Counsel that might reveal Protected
Material. However, the protections conferred by this Order do
not cover the following information: (a) any information that
is in the public domain at the time of disclosure to a
Receiving Party or becomes part of public domain after its
disclosure to a Receiving Party as a result of publication
not involving a violation of this Order, including becoming
part of the public record through trial or otherwise; and (b)
any information obtained by the Receiving Party after the
disclosure from a source who obtained the information
lawfully and under no obligation of confidentiality to the
Designating Party. Any use of Protected Material at trial
shall be governed by a separate agreement or order.
4.
DURATION
Even
after final disposition of this litigation, the
confidentiality obligations imposed by this Order shall
remain in effect until a Designating Party agrees otherwise
in writing or a court order otherwise directs. Final
disposition shall be deemed to be the later of (1) dismissal
of all claims and defenses in this action, with or without
prejudice; and (2) final judgment herein after the completion
and exhaustion of all appeals, rehearings, remands, trials,
or reviews of this action, including the time limits for
filing any motions or applications for extension of time
pursuant to applicable law.
5.
DESIGNATING PROTECTED MATERIAL
5.1.
Exercise of Restraint and Care in Designating Material
for Protection.
Each
Party or Non-Party that designates information or items for
protection under this Order must take care to limit any such
designation to specific material that qualifies under the
appropriate standards. To the extent it is practical to do
so, the Designating Party must designate for protection only
those parts of material, documents, items, or oral or written
communications that qualify-so that other portions of the
material, documents, items, or communications for which
protection is not warranted are not unjustifiably included
within the ambit of this Order.
Mass,
indiscriminate, or routine designations made without
reasonable, good faith efforts to assess whether the
underlying material is Confidential or Highly Confidential
are ...