United States District Court, N.D. Mississippi, Greenville Division
STEVIE M. LITTLE PLAINTIFF
WAL-MART STORES, INC.; BARNETT OUTDOORS, LLC; JOHN DOES 1 - 5 AND JOHN DOE ENTITY IES 1 - 5 DEFENDANTS
L. Strain, JEFFREY P. HUBBARD, STACEY L. STRAIN HUBBARD,
MITCHELL, WILLIAMS & STRAIN, PLLC Attorneys for Wal-Mart
Kyle Williams, WILLIAM E. JONES, L. KYLE WILLIAMS BRUNINI
GRANTHAM GROWER & HEWES, PLLC
CHRISTOPHER T. SHEEAN, SWANSON, MARTIN & BELL, Attorneys
for Barnett Outdoors, LLC
STEPHANIE H. BAIRD, SCHWARTZ & ASSOCIATES, P.A. Attorney
AGREED CONFIDENTIALITY ORDER
M. VIRDEN U.S. MAGISTRATE JUDGE.
parties have agreed to and have submitted to the Court, and
for good cause shown the Court hereby enters, the following
Confidentiality Order shall govern the disclosure of
materials designated as Confidential Material. Confidential
Material, as used in this Order, shall refer to any document
or item designated as Confidential or Highly Confidential -
Attorneys' Eyes Only, including but not limited to,
documents or items produced during discovery, all copies
thereof, and the information contained in such material.
Confidential Material, as used in this Order, consists of the
following materials and categories of materials:
a. Materials relating to any privileged, confidential, or
nonpublic information, including, but not limited to, trade
secrets, research, design, development, financial, technical,
marketing, planning, personal, or commercial information, as
such terms are used in the Federal Rules of Civil Procedure
and any applicable case law interpreting Rule 26(c)(1)(G) or
the former Rule 26(c)(7), contracts; proprietary information;
vendor agreements; personnel files; claim/litigation
information; or certain policies and procedures.
b. Materials containing corporate trade secrets, nonpublic
research and development data, pricing formulas, inventory
management programs, confidential business information not
generally known to the general public, and customer-related
Protected Data are considered Highly Confidential Material
and shall be deemed “ATTORNEYS' EYES ONLY”.
Qualified recipients of materials marked "ATTORNEYS'
EYES ONLY" shall include only the following: In-house
counsel and law firms for each party and the secretarial,
clerical and paralegal staff of each.
c. Protected Data shall refer to any information that a party
believes in good faith to be subject to federal, state or
foreign data protection laws or other privacy obligations.
Examples of such data protection laws include but are not
limited to The Gramm-Leach-Bliley Act, 15 U.S.C. § 6801
et seq. (financial information); and, The Health Insurance
Portability and Accountability Act and the regulations
thereunder, 45 CFR Part 160 and Subparts A and E of Part 164
(medical information). Certain Protected Data may compel
alternative or additional protections beyond those afforded
Highly Confidential Material, in which event the parties
shall meet and confer in good faith, and, if unsuccessful,
shall move the Court for appropriate relief.
any party seeks to designate additional documents or
categories of documents as Confidential Material, it will be
the burden of the party seeking protected status to move for
a Court Order designating the materials as confidential after
the parties confer.
parties agree that such Confidential Material as described in
paragraph 2 should be given the protection of an order of
this Court to prevent injury through disclosure to persons
other than those persons involved in the prosecution or
defense of this litigation.
designate information as confidential, the producing party
shall mark Confidential Material with the legend
“CONFIDENTIAL- SUBJECT TO PROTECTIVE ORDER” or
“HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY -
SUBJECT TO PROTECTIVE ORDER” and shall submit
confidential discovery, such as answers to interrogatories or
answers to requests for admissions, in a separate document
stamped with the appropriate legend. The Receiving Party may
make copies of ...