United States District Court, E.D. Arkansas, Jonesboro Division
MARK
N. GELLER. BAR NO. 2014020, Attorney for Plaintiff
AGREED PROTECTIVE ORDER
D. P.
MARSHALL JR., UNITED STATES DISTRICT JUDGE
The
parties to this action have requested that a Protective Order
be entered, and good cause appearing therefore, it is so
ordered by the Court as follows:
1. The
term "Confidential Information" is defined as
information that the producing party designates in good faith
has been previously maintained in a confidential manner and
should be protected from disclosure and use outside the
litigation because its disclosure and use are restricted by
statute or could potentially cause harm to the interests of
the disclosing party or nonparties. For purposes of this
Order, the parties will limit their designation of
"Confidential Information" to the following
categories of information or documents:
a. Commercial information that is not publicly known, the
disclosure of which would provide a competitor with an
advantage or otherwise could be used to the financial
detriment of the producing party;
b. Documentation revealing sensitive or personal data or
information; and
c. Documentation that the providing party is under a legal or
contractual obligation to maintain as confidential.
Information
or documents that are available to the public may not be
designated as Confidential Information.
2. The
producing party may designate documents as containing
Confidential Information and therefore subject to protection
under this Order by marking or placing the words
"CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER'"
on the document and all copies in a manner that will not
interfere with the legibility of the document.
3. The
following shall govern as to all "Confidential
Information":
a. All
documents designated as "Confidential Information"
and the information contained therein shall be treated as
confidential by the parties and their attorneys, and they
shall not permit disclosure of any such document, its
contents or any portion thereof. "Confidential
Information" may be disclosed or made available to the
Court, to counsel for a party (including the paralegal,
clerical and secretarial staff employed by such counsel),
and, to the "qualified" persons designated below:
1) Experts or consultants (together with their clerical
staff) retained by such counsel to assist in the prosecution,
defense, or settlement of this action;
2) Court reporters employed in this action;
3) A witness at a deposition or other proceeding in this
action with the express understanding that any portions of
testimony describing or otherwise addressing
"Confidential Information" will be ...