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Kerkove v. National Railroad Passenger Corp.

United States District Court, N.D. Mississippi, Greenville Division

December 3, 2018

JEAN KERKOVE PLAINTIFF
v.
NATIONAL RAILROAD PASSENGER CORPORATION D/B/A AMTRAK, ET AL. DEFENDANTS

          George H. Ritter Jeremy L. Birdsall Counsel for Amtrak & Illinois Central

          John T. Lamar, III Counsel for Plaintiff

          Arnold U. Luciano Counsel for the Bennett Defendants

          Scott C. Campbell Counsel for Arnold Transportation & Macker Montgomery

          COUNSEL FOR AMTRAK: Jeremy L. Birdsall Wise Carter Child & Caraway, P.A.

          AGREED PROTECTIVE ORDER

         THIS CAUSE came on for hearing upon the Motion for Protective Order of National Railroad Passenger Corporation (“Amtrak”), and the Court having considered this matter and having found that all parties have consented to this Protective Order, hereby orders as follows:

1. The Locomotive Digital Video Recording (LDVR) of the subject incident, bearing production No. KERK/AMK 00001, including the substance and content thereof, is considered confidential information that is subject to the terms of this Protective Order.
2. The LDVR is sensitive and proprietary property of Amtrak and may be used solely for the purpose of this litigation subject to the terms of this order. The transmission or production of the LDVR by Amtrak does not create any interest or right, intellectual or otherwise, in the LDVR and shall not result in any waiver by Amtrak of its property rights, intellectual or otherwise, or of the developer, manufacturer, and/or distributor of the software.
3. The term "LDVR" as used in this order specifically includes any and all CDs, DVDs, videos, electronic copies, recordings and duplicates of the LDVR.
4. Prior to producing the LDVR, or any part thereof, to any party to this lawsuit, Amtrak shall stamp it with the word "Confidential" or other similar language; and in the event that there is deposition or other testimony regarding the LDVR, or any part thereof, in this lawsuit, counsel of record for Amtrak shall designate those parts of the transcript as "Confidential" by making a statement to that effect on the record and by later confirming that designation, in writing, to all other counsel of record.
5. Counsel of record who receive the LDVR from counsel of record for Amtrak shall not, except as provided in Paragraph 6, divulge or disclose the LDVR, or any part thereof, to any person or entity other than their clients or individuals employed by them to assist in the preparation or trial of this case -- such as secretaries or legal assistants who work with and for said attorneys -- and who have a need to know the content of the LDVR for purposes of this lawsuit. In addition, counsel of record who receive the LDVR from counsel of record for Amtrak may disclose it, or any part thereof, to consulting or testifying expert witnesses who are employed to assist in the preparation or trial of this case.
6. Counsel receiving the LDVR, on behalf of themselves, their secretaries, legal assistants, and staff, shall provide to counsel for Amtrak a signed acknowledgement that he/she has reviewed and understands this Protective Order; that he/she agrees to be bound by all of its terms; that he/she will not reveal the Confidential Information, or any part thereof, to any other person or entity; and that he/she will not discuss the Confidential Information, or any part thereof, with anyone other than the counsel of record who retained him/her. Counsel receiving the LDVR shall also provide to counsel for Amtrak an identical acknowledgement signed by any testifying or consulting expert provided the LDVR pursuant to paragraph 5 of this order. Such written acknowledgements shall be in the form attached to this order as Exhibit A.
7. Any person who receives the LDVR in accordance with Paragraphs 5 and 6 above, shall use it solely for the purpose of this lawsuit and except as expressly authorized by this Court, the recipients thereof shall not use, give, show, divulge or otherwise disclose the LDVR, or any part thereof, to any other person or entity.
8. Prior to filing the LDVR, or any part thereof, with the Court as an exhibit or otherwise, the filing party shall give at least five (5) days notice to counsel for Amtrak so that Amtrak may move the Court, pursuant to L. U. Civ. R. 79, to have the LDVR sealed. Provided further, if the Court pursuant to L. U. Civ. R. 79 denies a motion to seal, the party desiring to use ...

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