IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION

GREGORY SCOTT, 

 Plaintiff, 

vs. 

NORMENT SECURITY GROUP, 

INC., 

 Defendant. 

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CASE NO.: 2:06-CV-00654-MEF 

JOINT MOTION FOR A PROTECTIVE ORDER

Come now the parties and jointly move the court for a protective order, protecting the 

confidentiality of certain discovery materials. As grounds therefore, the parties show that certain 

materials produced in response to discovery requests contain private and personal matters

relating to individuals and certain others contain confidential and/or proprietary materials 

belonging to the corporate defendant. A copy of the requested order accompanies this motion. 

Dated: February 16, 2007. 

s/Braxton Schell, Jr. _____________

BRAXTON SCHELL, JR. 

Attorney for Plaintiff Gregory Scott 

s/Bruce J. Downey, III 

BRUCE J. DOWNEY, III (DOW006) 

Attorney for Defendant Norment Security 

Group, Inc. 

OF COUNSEL: 

Braxton Schell, Jr., P.C. 

1330 – 21st Way S., Ste. 210 

Birmingham, AL 35205 

OF COUNSEL: 

CAPELL & HOWARD, P.C. 

150 South Perry Street (36104) 

Post Office Box 2069 

Montgomery, Alabama 36102-2069 

Telephone: (334) 241-8000 

Facsimile: (334) 323-8888 

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Case 2:06-cv-00654-MEF-WC Document 13 Filed 02/16/2007 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION

GREGORY SCOTT, 

 Plaintiff, 

vs. 

NORMENT SECURITY GROUP, 

INC., 

 Defendant. 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

CASE NO.: 2:06-CV-00654-MEF 

AGREED PROTECTIVE ORDER

The parties have jointly moved the Court for a protective order to protect the 

confidentiality of certain discovery materials and the privacy of certain individuals. It is therefore 

ORDERED:

1. The term “confidential material” shall initially be deemed to refer to any 

documents produced by any of the parties in this case. The term “confidential material” also

refers to any deposition testimony, or transcripts or recordings thereof, designated as confidential 

by any of the Parties in this case. 

Party’s counsel shall notify opposing counsel in writing if they do not agree that such 

documents or deposition testimony contain confidential material. If opposing counsel objects in 

writing to such notice within seven (7) calendar days, such documents or deposition testimony 

shall continue to be considered confidential material subject to this Protective Order unless 

otherwise ordered by the Court. Parties shall act in good faith and shall not unreasonably object

to such a request by opposing party’s counsel. In the event of a written objection by opposing

party’s counsel, counsel may petition the Court for an order declaring that such documents or 

deposition testimony are not subject to this Protective Order. 

2. The inadvertent or unintentional disclosure of confidential material will not be 

construed to be a waiver, in whole or in part, of (1) the producing party’s claims of 

confidentiality either as to the specific information disclosed or (2) the parties’ rights later to

designate such materials as “Confidential” pursuant to this Order. 

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3. If for any reason confidential material is to be filed with the Court (as part of any 

motion, brief, deposition or otherwise), it shall be placed in a sealed envelope marked 

“CONFIDENTIAL” and shall not be made available or accessible to any person other than those 

specified in paragraphs 5 and 6 below. Confidential material filed with the Court and marked 

“CONFIDENTIAL” shall bear substantially the following legend: 

This envelope containing documents which are filed in this case by 

(name of party) is not to be opened nor the contents thereof to be 

displayed or revealed except by order of the Court. 

4. Until further agreement among the parties or order of the Court, the attorneys for 

all parties will treat the claimed confidential material or information as confidential, using it for 

purposes of this lawsuit only, confidential information shall not be used for any other purposes, 

including but not limited to, other cases, proceedings or disputes or any commercial, business or 

competitive purpose. Said attorneys shall take all reasonable precautions to prevent its disclosure 

to any person except themselves and secretaries or paralegal personnel in the attorneys’ offices 

who are aiding the attorneys in the litigation of the claims herein. Nothing in this Paragraph 4

shall operate to prevent any party from seeking an order of the Court, upon notice to opposing 

counsel, for permission to use confidential information in other cases, proceedings or disputes. 

5. Confidential material may be disclosed to the attorneys for the named parties, and 

persons regularly employed in the attorney’s offices whose assistance is required by the

attorneys for the named parties in the preparation of trial of this action. Confidential material

may also be disclosed to the named plaintiffs in this litigation and the experts and consultants 

employed by the attorneys, provided that these parties agree in writing to be bound by the terms

of this Order in accordance with the provisions of paragraph 6 below. 

6. Before confidential material may be disclosed to experts or consultants, counsel 

for the party seeking disclosure shall first advise opposing counsel in writing of his intent to 

disclose confidential material, specifying in reasonable detail the person(s) to whom disclosure is

to be made and the materials to be disclosed. If opposing counsel objects to such disclosure 

within seven (7) calendar days, such disclosure shall not be made. Counsel may then petition the 

Court for permission to disclose such information over the objection of opposing counsel. Any 

such person to whom confidential material is to be disclosed, either by agreement or by 

permission granted by the Court, shall first be advised by the attorney making the disclosure that 

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pursuant to this protective order such person may not divulge any such confidential material to 

any other person. The attorney shall secure from such person a statement that he/she has read this 

protective order and understands that, pursuant to this protective order, he/she may not, and that 

he/she undertakes not to divulge any confidential material except as provided in this Order. Such 

agreement shall be maintained in the possession of the attorney until further order of the Court. 

 7. After this case is finally completed, including the final exhaustion of all appeals, 

all materials coming within the provisions hereof, either shall be returned to the parties or, at the 

written direction of the parties, shall be destroyed by the party possessing them. 

 8. The provisions of this Order will survive and remain in full force and effect after 

the entry of a final judgment, including any appellate proceeding in this case, either by 

settlement or litigation. This Court retains jurisdiction, including the period after the entry of a 

final judgment, to enforce, construe, interpret and amend the provisions of this Order. 

9. Nothing in this Order shall operate to prevent any confidential document from 

being admissible into evidence in this action at trial. 

10. Nothing in this Order shall prevent any party from seeking modification of this 

Order or from objecting to discovery that it believes to be otherwise improper. 

11. In addition to other remedies available to the parties, violation of this Order shall 

subject the violator to all appropriate sanctions as provided under law, including but not limited 

to contempt citation. 

 DONE on this the _____day of ____________________, 2007. 

____________________________________ 

HONORABLE MARK E. FULLER 

Copies to: 

Braxton Schell, Jr., Esq. 

Braxton Schell, Jr., P.C. 

1330 - 21st Way S., Ste. 210 

Birmingham, AL 35205 

Bruce J. Downey, III 

Attorney for Defendant 

CAPELL & HOWARD, P.C. 

P.O. Box 2069 

Montgomery, Alabama 36102-2069 

Case 2:06-cv-00654-MEF-WC Document 13-2 Filed 02/16/2007 Page 3 of 3