IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

EASTERN DIVISION

KEITH LAWSON, )

)

PLAINTIFF, )

)

V. ) CASE NO.: 03:06-CV-641-WKW

)

CITY OF ALEXANDER CITY, )

MAYOR BARBARA H. YOUNG AND )

DANNY PEPPERS in their individual )

capacities, )

)

DEFENDANTS )

MOTION FOR ENTRY OF PROTECTIVE ORDER

COME NOW the Defendants in the above-styled case and by and through their attorney

of record and with permission of Plaintiff’s counsel move this Honorable Court to enter the attached

Protective Order. In support of this motion, the Defendants state as follows:

1. The parties have agreed to the entry of the attached order.

2. The Defendants have agreed to produce personnel files. The attached protective

order will preserve the confidentiality of these documents.

WHEREFORE, the Defendants move the Court to enter the attached Order with permission

of the Plaintiff.

Respectfully submitted this the 26 day of March 2007. th

 /S/ Elizabeth Brannen Carter 

 RANDALL MORGAN [MORG8350]

ELIZABETH BRANNEN CARTER[CARTE3272]

Attorneys for Defendant City of Alexander City

Case 3:06-cv-00641-WKW-TFM Document 13 Filed 03/26/2007 Page 1 of 2
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OF COUNSEL:

Hill, Hill, Carter, Franco, Cole & Black, P.C.

425 South Perry Street

Montgomery, AL 36104

(334) 834-7600

(334) 263-5969 Facsimile

Certificate of Service

I Hereby Certify that I have this date served a true and correct copy of the foregoing

Motion for Entry of Protective Order with the Clerk of the Court for the United States District

Court, for the Middle District of Alabama, Eastern Division, using the CM/ECF system

which will send notification of such filing to: Jon C. Goldfarb, Esquire

(jgoldfarb@wcqp.com) this the 26 day of March 2007. th

/S/ Elizabeth Brannen Carter 

Of Counsel

Case 3:06-cv-00641-WKW-TFM Document 13 Filed 03/26/2007 Page 2 of 2
IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

EASTERN DIVISION

KEITH LAWSON, )

)

PLAINTIFF, )

)

V. ) CASE NO.: 03:06-CV-641-WKW

)

CITY OF ALEXANDER CITY, )

MAYOR BARBARA H. YOUNG AND )

DANNY PEPPERS in their individual )

capacities, )

)

DEFENDANTS )

PROTECTIVE ORDER

Pursuant to the Federal Rules of Civil Procedure 26(c), for good cause shown by agreement

of all parties, it is hereby ORDERED:

1. Plaintiff has requested documents containing confidential personnel information

regarding current and/or former employees of Alexander City and various internal policies of

defendant. To protect the privacy interests of individuals not parties to this action and the

proprietary interests of Defendants, such documents, and only such documents, shall be treated

as confidential under the terms of this Order, and those documents copied by or at the request of

Plaintiff or his counsel shall be designated as “CONFIDENTIAL INFORMATION” in the manner set

forth in this Order.

2. All documents designated “CONFIDENTIAL INFORMATION” shall be identified as

confidential information by placing the word “CONFIDENTIAL” on the face of such documents. 

3. Plaintiff and his counsel shall not give, show, or otherwise divulge any

CONFIDENTIAL INFORMATION produced in this action by Defendant, or the substance or

contents thereof, or any copies or summaries thereof, to any entity or person except employees,

experts and consultants employed or retained by Plaintiff’s counsel in connection with this action;

court personnel, court reporters; and person noticed for depositions or potential trial witnesses only

to the extent reasonably necessary in preparing to testify in this lawsuit and said use or disclosure

Case 3:06-cv-00641-WKW-TFM Document 13-2 Filed 03/26/2007 Page 1 of 3
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shall be further restricted as stated in section 4 below. Plaintiff and his counsel shall use the

CONFIDENTIAL INFORMATION only for purposes of this litigation.

4. Plaintiff’s counsel acknowledges and understands that Defendant’s demand that

personnel files, and the substantive information contained in those files such as salary, bonus, and

benefits, be held in the strictest of confidence, specifically includes confidentiality between and from

employees or agents of the Defendant. Plaintiff’s counsel agrees to not question any nonsupervisory or managerial employee about, or disclose to any non-supervisory or managerial

employee, the salary, bonus and benefits information from any other employee’s personnel file

without first seeking approval from the Court as set out herein below (or through agreement with

counsel). Plaintiff’s counsel agrees that such disclosure could cause harm to Defendant and agrees

that a breach of this agreement could result in damages. Plaintiff’s counsel may question individual

employees about their personnel file information and may question Defendant’s designated

Corporate Representative or other supervisors and managers of the Defendant about said

information without violating this Protective Order.

5. The employees, experts and consultants of Plaintiff’s counsel to which such

CONFIDENTIAL INFORMATION is intended to be presented, shall first be presented with a copy

of this protective order and instructed to read the same. These employees, experts and

consultants shall use said CONFIDENTIAL INFORMATION only for the purposes of this litigation

and shall not give, show or otherwise divulge any CONFIDENTIAL INFORMATION, or the

substance or contents thereof, or any copies or summaries thereof, to any other entity or person

without prior approval of Court.

6. Upon a written request from the Defendant or its counsel, two years from the final

termination of this action, whether via completion of trial and any appeal in this action and the

satisfaction of any judgment, or upon the conclusion of settlement of this action, all persons subject

to this order shall destroy (or return to counsel for Defendant) all CONFIDENTIAL INFORMATION,

including any and all copies, prints, negatives or summaries thereof, and including any and all

copies, prints, negatives and summaries in the possession of employees, experts or consultants

Case 3:06-cv-00641-WKW-TFM Document 13-2 Filed 03/26/2007 Page 2 of 3
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employed or retained byPlaintiff’s counsel, except those items compromising any appellate record,

trial court record, privileged communications or attorney work product.

7. Before prior approval for further disclosure of CONFIDENTIAL INFORMATION is

sought from the Court, counsel for Plaintiff must confer with counsel for Defendant and attempt to

reach agreement on the extent of further disclosure. Counsel must advise the Court of their

compliance with the preceding sentence and their agreement or lack thereof when prior approval

for further disclosure is sought.

8. If Plaintiff or Plaintiff’s counsel is served with a subpoena for any CONFIDENTIAL

INFORMATION, the person served shall give to counsel for Defendant seven (7) days notice, or

reasonable notice if the time for compliance with the subpoena is seven days or less after service,

before producing any CONFIDENTIAL INFORMATION demanded in the subpoena.

9. Nothing in this Order shall prejudice Defendant’s right to make any use of, or

disclose to any person, any material it has designated as CONFIDENTIAL INFORMATION, during

the course of its normal business operations, without prior Court order, or to waive the provisions

of this Order with respect to any CONFIDENTIAL INFORMATION.

10. Nothing in this Order shall prevent or affect the right of any party to use any

CONFIDENTIAL INFORMATION at trial; however, the parties will approach the Court regarding

the procedures for handling CONFIDENTIAL INFORMATION prior to the commencement of trial.

DONE and ORDERED this the day of March 2007.

 

UNITED STATES DISTRICT COURT JUDGE

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