Deposition Designation Instructions; Protective Order Policy; Standard Protective Order

=== Deposition Designation Instructions ===

CHAMBERS OF JUDGE TIMOTHY L. BROOKS INSTRUCTIONS AND PROCEDURES FOR DEPOSITION DESIGNATIONS 1. Exchange Designations, Objections, and Counter-Designations. By the deadline stated in the Case Management Order, the parties must exchange page and line designations for all witness testimony that a party intends to present by deposition. Opposing counsel must then provide notice of objections and/or counter-designations. These designations and objections should not be filed with the Court, but rather exchanged by the parties. The parties must then confer in good faith to resolve objections. 2. Jointly Prepare One Designation Form For Each Witness. For each witness the Plaintiff will present by deposition, counsel must designate excerpts by page and line. Plaintiff must include an opposing parties’ counter-designations, chronologically interspersed throughout a single, joint designation form for each witness. Using the Court’s form, each designated excerpt should note the party making the designation, whether there is an objection, and if so the Rule or shorthand basis. Defendant must complete the same process for witnesses to be presented by deposition in Defendants’ case-in-chief only. 3. Prepare and File Joint Motion To Exclude Deposition Testimony. If there are unresolved objections, then, by no later than the deadline stated in the Case Management Order, the parties must file a single Joint Motion to Exclude Deposition Testimony for each witness. The joint motion shall begin with a concise non-argumentative opening paragraph introducing the witness and his/her connection to the facts. Then, for each objection, the objecting party’s narrative shall identify the excerpt number and a concise but complete basis for the objection (and authority for a “non-routine” objection). The proponent’s response shall appear immediately below the objection. The idea being to “mimic” in writing a “side bar” with the Court. Attach the joint designation form and a condensed copy of the complete deposition transcript, as Exhibits A and B, respectively. 4. Provide Highlighted and Annotated Transcript. The parties must separately provide Chambers with a color-highlighted version of the complete condensed transcript, visually identifying the Plaintiff’s designations in one highlighter color, and the Defendant’s designations in a different color. (Be consistent in the use of highlighter colors). Annotate the margin by drawing attention to the particular Q and A’s to which objections have been asserted. Note the excerpt number and whether it is a plaintiff or defendant objection. 5. Edit Videos and Transcripts. The Court will endeavor to rule on objections by no later than the Final Pre-Trial Conference. After ruling, the proponent will be responsible for preparing the final video version of the deposition to be presented to the jury, edited per the Court’s rulings. The proponent must also prepare a transcript that corresponds exactly to the edited video. A copy of the final edited video and corresponding transcript must be provided to opposing counsel at least one full business day prior to trial, and provided to the courtroom deputy by no later than the first morning of trial.

=== Protective Order Policy ===

JUDGE BROOKS' POLICY ON FILING PROTECTIVE ORDERS AND SEALED DOCUMENTS When an order of protection is submitted to the Court governing documents designated "confidential" by the parties, the following language should be included: Any confidential material disclosed in any pleading, motion, deposition transcript, brief, exhibit, or other filing with the Court shall be maintained under seal. To the extent such confidential filing is capable of redaction, the redacted version of the document is to be filed on the public docket, with the unredacted version filed in CM/ECF using the Civil or Criminal RESTRICTED event-> Sealed Document. The redacted version of a confidential filing may include, when necessary, slip pages appropriately labeled "UNDER SEAL" to indicate the exhibits or other materials that have been omitted in their entirety from the public filing. If the above language is included in a protective order entered by the Court, a motion for leave to file confidential documents under seal will not be required. Instead, the parties will be permitted to file confidential documents without further leave of Court, as contemplated by the parties' protective order. However, in no event will an entire motion or entire brief be filed under seal-without a corresponding redacted version of the motion or brief also filed on the public docket-unless prior leave of Court is sought.

=== Standard Protective Order ===

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION JANE DOE V. CASE NO. 5:XX-CV-XXXX JOHN DOE PLAINTIFF DEFENDANT PROTECTIVE ORDER The parties stipulate to the Court’s entry of the following protective order to govern pretrial discovery in this case: 1. Confidential Information. Confidential information is information that is normally kept secret and that derives independent value from being kept secret. Examples of confidential information include social security numbers, medical information, trade secrets, and other confidential research, development, or commercial information. 2. Designation. When designating information as confidential, the parties must make every effort to limit claims of confidentiality to specific citations—such as sentences, paragraphs, or pages—rather than entire documents or large page ranges. a. To designate documentary information—such as paper or electronic documents but excluding deposition transcripts—as containing confidential information, the producing party must conspicuously mark each page that contains confidential information with the word “CONFIDENTIAL.” If only a portion or portions of the material on a page qualifies for protection, the designating party also must clearly identify the confidential portion(s) (e.g., by making appropriate markings in the margins). 1 b. To designate an interrogatory answer as confidential, the answering party must insert the word “CONFIDENTIAL” in brackets at the beginning of each answer claimed to contain confidential information. c. To designate all other information or items as confidential, the designating party must conspicuously affix the word “CONFIDENTIAL” to the portion or portions of the information or items that warrants protection under this Order. If timely corrected, a party’s inadvertent failure to designate information or items as confidential does not, standing alone, waive the party’s right to secure protection under this Order for such material. 3. Disputes. The designating party has the burden to show designated information is confidential, but the receiving party must treat as confidential all designated information until the designating party removes its designation or the Court rules that the information is not confidential. If the parties cannot agree on a designation or otherwise have a dispute arising under this Order, the parties must follow the procedures for resolution of a discovery dispute provided in the case management order. 4. Dissemination. Confidential Information shall be used only for the purpose of this litigation. Confidential information may not be given, shown, made available, or communicated to anyone except the following: a. the Court and its staff; b. the parties in this case, including a party’s officers, directors, partners, managers, members, employees, and independent contractors; c. counsel of record for any party in this case, including other attorneys and support personnel in counsels’ law firms and third parties engaged for litigation support; 2 d. experts and consultants—including their employees, associates, and support staff—retained by a party for the preparation or trial of this case; e. witnesses who may give deposition or trial testimony in this case and to whom disclosure is reasonably necessary; f. court reporters, videographers, and other support staff engaged for depositions; g. the original author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information; h. any other person for whom the designating party provides prior, written consent; and i. any other person as this Court may order. When giving confidential information to anyone, other than the Court or its staff, the disclosing party must provide the recipient with a copy of this Order and obtain a signed copy of the attached Acknowledgment form from the recipient. 5. Filing. Any confidential material disclosed in any pleading, motion, deposition transcript, brief, exhibit, or other filing with the Court shall be maintained under seal. To the extent such confidential filing is capable of redaction, the redacted version of the document is to be filed on the public docket, with the unredacted version filed in CM/ECF using the Civil or Criminal RESTRICTED event → Sealed Document. The redacted version of a confidential filing may include, when necessary, slip pages appropriately labeled "UNDER SEAL" to indicate the exhibits or other materials that have been omitted in their entirety from the public filing. The parties are permitted to file confidential information without further leave of Court. However, in no event shall an entire motion or brief be filed under 3 seal without a corresponding redacted version of the motion or brief also filed on the public docket unless prior leave of Court is sought and granted. 6. Duration. After the final resolution of this case—including any appeals—the confidentiality obligations imposed by this Order shall remain in effect until a designating party agrees otherwise in writing or a court orders otherwise. 7. Return or Destruction of Information. Within 60 days of the final resolution of this case—including any appeals—the receiving party must return or destroy and, if applicable, permanently delete from all databases all information designated as confidential. However, counsel of record may retain a copy of any confidential information that has been filed with the Court. IT IS SO ORDERED on this ______ day of ____________, 20___. ______________________________ TIMOTHY L. BROOKS UNITED STATES DISTRICT JUDGE 4 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION JANE DOE V. CASE NO. 5:XX-CV-XXXX JOHN DOE PLAINTIFF DEFENDANT PROTECTIVE ORDER ACKNOWLEDGEMENT I have received information designated as confidential and understand disclosure of this information is governed by the Protective Order entered in this case. I have read the Protective Order, understand it, and agree to be bound by its terms. I agree not to disclose any information designated as confidential to anyone other than those people to whom disclosure is allowed by the Protective Order. I agree to return or destroy and, if applicable, permanently delete from all databases all information designated as confidential upon the conclusion of my role in this case or 60 days after the final resolution of the case, whichever comes first. I submit to the jurisdiction of the United States District Court for the Western District of Arkansas in matters relating to the Protective Order. I understand that violating the terms of the Protective Order could expose me to penalties and other punishment for contempt of court. Printed Name Signature Date