United States District Court, W.D. Arkansas, Texarkana Division
KAREN
TALBOT GEAN, # 2001041 Bell & Boyd, PLLC Attorney for
Plaintiff
Seth
T. Creed Attorney for Defendant Assistant U.S. Attorney
PARTIES' JOINT STIPULATION AND PROTECTIVE ORDER
REGARDING CONFIDENTIALITY
HON.
SUSAN O. HICKEY U.S. DISTRICT JUDGE.
The
Parties to this action, Plaintiff, The AGRED Foundation
("Plaintiff') and Defendants United States Army
Corps of Engineers and the Honorable Mark T. Esper in his
official capacity as Secretary of the United States Army
(collectively, the "United States" or
"Defendants"), have stipulated, through their
respective counsel, to the entry of this Protective Order
Regarding Confidentiality (the "Protective Order").
1.
During the course of the litigation of this matter, Plaintiff
and Defendants may identify and agree to produce certain
documents containing confidential and personal information
pertaining to the parties as well as individuals who are not
parties to this action. The purpose of this Protective Order
is to ensure that said documents are restricted to persons
involved with the litigation of this matter. Accordingly, the
documents and information identified in this Paragraph are
subject to the provisions of this Protective Order.
2.
Moreover, during the course of discovery, the Parties may
request additional personal, confidential, or proprietary
documentation from each other or from third parties. If any
documents which will be produced contain personal,
confidential, or proprietary information, the producing Party
(including any third party producing such documents) may mark
the documents "CONFIDENTIAL." Any document so
marked shall not be disclosed to any person except as may be
permitted by this Protective Order. The designation of any
document as "CONFIDENTIAL" will be made in good
faith, and the Parties shall have ten (10) days after service
of documents marked "CONFIDENTIAL" to challenge
such designation by filing a motion with the Court.
3. In
the event that personal, confidential or proprietary
information is disclosed in response to an interrogatory, the
answering party may designate the response as confidential
information by conspicuously stamping the interrogatory
answer with the word "CONFIDENTIAL." Parties to
this action may also designate deposition testimony that
reveals personal, confidential or proprietary information as
confidential by advising all persons present that the party
believes that the portion of the deposition in question falls
under the scope of this Protection Order.
4. The
parties will redact confidential information from any
documents produced in the course of this litigation pursuant
to Rule 5.2 of the Fed.R.Civ.P. However, they reserve the
right to file a motion to produce with the Court should same
become relevant to the litigation of this matter.
5. The
use of any documents or information therein subject to this
Protective Order shall be restricted to the following
persons:
(a) The Parties to this litigation;
(b) Counsel for the Parties, including their respective
paralegals and clerical employees;
(c) Witnesses or prospective witnesses, including but not
limited to persons requested by counsel to furnish technical
or other expert service, to give testimony or to otherwise
prepare for any deposition, hearing, trial, or any other
proceeding in this action, provided such witness or
prospective witness agrees to be expressly bound by the terms
of this Protective Order and not disclose the documents or
information therein to any party or person outside this
litigation; and
(d) The Court and its personnel, including the stenographic
reporters not regularly employed by the Court who are engaged
by the Parties or the Court during the litigation of this
case.
6. Upon
final termination of this action, whether via completion of
the litigation process, trial and any appeal in this action
and the satisfaction of any judgment, or upon the conclusion
of settlement of this action, all persons subject to this
Protection Order shall return to the producing Party, upon
request, all documents and information subject to this
Protective Order, including any and all copies, prints,
negatives, or summaries, in the possession of employees,
experts, or consultants employed or retained by counsel for
the Parties, ...