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Lee v. Figueron

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

April 29, 2019

ARNELL LEE PLAINTIFF
v.
F. FIGUEROA, WARDEN TCCF; T. ELROD COB TCCF; SECRETARY SCOTT KERNAN CDC&R; DOES 1 THROUGH 5; CORRECTIONAL CORPORATION OF AMERICA; SUED IN THEIR INDIVIDUAL, OFFICIAL & PERSONAL CAPACITIES DEFENDANTS ANSWER AND AFFIRMATIVE DEFENDANTS

          AGREED PROTECTIVE ORDER

          JANE M. VIRDEN UNITED STATES MAGISTRATE JUDGE

         Because discovery in the above-captioned case is likely to involve the disclosure of confidential information, it is ORDERED as follows:

         1. Any party to this litigation and any third-party shall have the right to designate as “Confidential” and subject to this Protective Order any information, document, or thing, or portion of any document or thing that: (a) contains trade secrets, competitively sensitive technical, marketing, financial, employee, sales, or other confidential business information; (b) contains private or confidential personal information; (c) contains prison policies, procedures, protocols, post orders, or investigative documents, or contains the identity of prison officials involved in the incident at issue in this litigation (the “Subject Incident” or related, relevant events; or (d) is a document the producing party otherwise believes in good faith to be entitled to protection under Rule 26(c)(1)(G) of the Federal Rules of Civil Procedure. Any party to this litigation or any third party covered by this Protective Order, who produces or discloses any Confidential material, including without limitation any information, document, thing, interrogatory answer, admission, pleading, or testimony, shall mark the same with the following or similar legend: “CONFIDENTIAL” or “CONFIDENTIAL-SUBJECT TO PROTECTIVE ORDER” (hereinafter “Confidential”). For purposes of this Protective Order, “disclosure” or “to disclose” shall mean to divulge, reveal, describe, summarize, paraphrase, quote, transmit, or otherwise provide or communicate to any person or entity the Confidential materials, whether pursuant to request, interrogatory, process, or otherwise, and whether in accordance with the Federal Rules of Civil Procedure or otherwise.

         2. Confidential material and the contents of Confidential material may be disclosed only to the following individuals under the following conditions:

a. Outside counsel (defined as any attorney at the parties' outside law firms) and relevant in-house counsel for the parties;
b. Outside experts or consultants retained by outside counsel for purposes of this action, provided that they have signed a non-disclosure agreement in the form attached as Exhibit A;
c. Secretarial, paralegal, clerical, duplicating, and data-processing personnel of outside counsel, outside experts, or consultants retained by outside counsel or experts;
d. The Court and court personnel;
e. Any deponent, witness, or potential witness, provided that they have signed a non-disclosure agreement in the form attached as Exhibit A; and
f. Vendors retained by or for the parties to assist in preparing for pretrial discovery, trial, or hearings, including, but not limited to, court reporters, litigation-support personnel, jury consultants (including mock jurors), individuals to prepare demonstrative and audiovisual aids for use in the courtroom or depositions or mock-jury sessions, as well as their staff, stenographic, and clerical employees whose duties and responsibilities require access to such materials.

         Confidential materials shall not be disclosed to Plaintiff Arnell Lee or any other current or former inmate under any circumstances without prior written consent of Defendants' counsel.

         Confidential material shall be used only by individuals permitted access to it under Paragraph 2.

         Confidential material, copies thereof, and the information contained therein, shall not be disclosed in any manner to any other individual, until and unless (a) outside counsel for the party asserting confidentiality consents; or (b) the Court orders such disclosure. With respect to any depositions that involve a disclosure of Confidential material of a party to this action, such party shall have until thirty (30) days after receipt of the final deposition transcript within which to inform all other parties that portions of the transcript are to be designated Confidential, which period may be extended by agreement of the parties. No. such deposition transcript shall be disclosed to any individual other than the individuals described in Paragraph 2 above and the deponent during these thirty (30) days, and no individual attending such a deposition shall disclose the contents of the deposition to any individual other than those described in Paragraph 2 above during that period. Upon being informed that certain portions of a deposition are to be designated as Confidential, all parties shall immediately cause each copy of the transcript in its custody or control to be appropriately marked and limit disclosure of that transcript in accordance with Paragraph 2.

         5. If counsel for a party receiving documents or information designated as Confidential objects to such designation, ...


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