IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

CALVIN FLUKER, RICARDO )

WRIGHT, BERYL JACKSON, )

TRACY MARTIN, LISA )

PITCHFORD, KIMBERLY LOVE, )

) CIVIL ACTION NO.:

Plaintiffs, )

) 2:06cv785-MHT

v. )

)

U.S. FOODSERVICE, INC. and )

U.S. FOODSERVICE, INC. - )

MONTGOMERY DIVISION, )

)

Defendants. )

JOINT MOTION FOR ENTRY OF PROTECTIVE ORDER

The parties jointly move the Court for entry of the Protective Order attached

as Exhibit A. The parties are in the process of exchanging documents and have

agreed that the respective parties and the nature of the information is best served

by entry of the attached Protective Order.

Conclusion

For the reasons set forth above, the parties jointly move for entry of the

Protective Order attached as Exhibit A.

Case 2:06-cv-00785-MHT-WC Document 45 Filed 07/11/2007 Page 1 of 2
2

/s/ John C. Goldfarb /s/ Tammy L. Baker

Jon C. Goldfarb

Maury S. Weiner

Ethan R. Dettling

Melissa N. Tapp

Wiggins, Childs, Quinn & Pantazis,

301 19

th

Street North

Birmingham, AL 35203

Phone: (205) 314-0500

Fax: (205) 254-1500

COUNSEL FOR PLAINTIFF

Tammy L. Baker

JACKSON LEWIS LLP

2001Park Place North

Suite 650

Birmingham, Alabama 35203

Phone: (205) 332-3106

Fax: (205) 332-3131

COUNSEL FOR DEFENDANT

Case 2:06-cv-00785-MHT-WC Document 45 Filed 07/11/2007 Page 2 of 2
IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

CALVIN FLUKER, RICARDO )

WRIGHT, BERYL JACKSON, )

TRACY MARTIN, LISA )

PITCHFORD, KIMBERLY LOVE, )

) CIVIL ACTION NO.:

Plaintiffs, )

) 2:06cv785-MHT

v. )

)

U.S. FOODSERVICE, INC. and )

U.S. FOODSERVICE, INC. - )

MONTGOMERY DIVISION, )

)

Defendants. )

PROTECTIVE ORDER

Pursuant to Federal Rules of Civil Procedure 26(c), it is hereby ORDERED:

1. For the purposes of this Protective Order, “protected documents” shall

include all business materials produced and marked “Confidential” by Defendant

U.S Foodservice, Inc. (“U.S. Foodservice” or “defendant”) in response to

plaintiffs’ Interrogatories and Request For Production and/or any document

marked “Confidential” by plaintiffs in response to discovery, except charges or

complaints filed with any government agency or in any court, and documents

disclosed to third parties under circumstances such that disclosure was not

confidential, which shall not constitute “protected documents.”

Case 2:06-cv-00785-MHT-WC Document 45-2 Filed 07/11/2007 Page 1 of 4
2

2. For the purposes of this Protective Order, “protected documents” shall

include, but are not limited to, the confidential employment records or information

pertaining to U.S. Foodservice, plaintiffs’ tax returns and plaintiffs’ medical

records.

3. Unless the parties otherwise agree in writing, and subject to further

Order of this Court, all protected documents produced by U.S. Foodservice or

plaintiffs in response to the other party’s discovery requests shall be retained by

counsel and the plaintiffs in strict confidence as provided by the terms of this

Protective Order.

4. Except as otherwise permitted by the terms of this Protective Order,

no person shall be permitted to examine or copy protected documents, and counsel

(including agents, staff, and employees of counsel) shall not communicate (orally

or in writing) protected information or the contents of protected documents and

shall not distribute or otherwise disseminate protected information or any of the

data contained in protected documents to any other person, firm, or corporation.

5. Protected documents, copies thereof, or protected information may be

disclosed to a deponent during the course of the taking of his or her deposition only

if, during the deposition and prior to the disclosure of such protected document or

information to the deponent, counsel explains to the deponent that a Protective

Order has been entered by the Court in this lawsuit for the purpose of protecting

Case 2:06-cv-00785-MHT-WC Document 45-2 Filed 07/11/2007 Page 2 of 4
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the confidentiality of U.S. Foodservice’s business information as described in this

Order.

6. Counsel may use protected documents or information as evidence in

any pretrial document or hearing in this case, but if protected documents are

introduced as evidence, such protected documents shall be filed and retained

confidentially.

7. Counsel may use protected documents at trial or information

contained therein as evidence at trial without restriction.

8. If counsel desires examination of protected documents by a consulting

expert or an expert witness in preparation for the trial of this case, counsel shall

obtain a statement executed by such person stating that he or she has read,

understands, and agrees to be bound by the terms of this Protective Order.

9. Counsel may also review the document with the plaintiffs and/or

representative of the defendant and prospective witnesses subject to the same

stipulations regarding confidentiality as outlined in paragraph 5.

10. The Confidentiality provisions of this Order shall survive any

settlement, judgment, or other disposition or conclusion of this action, and all

appeals therefrom, and this Court shall retain continuing jurisdiction in Order to

enforce the terms of this Order.

Case 2:06-cv-00785-MHT-WC Document 45-2 Filed 07/11/2007 Page 3 of 4
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11. Upon request at the conclusion of this action, counsel shall return to

counsel for the other party all protected documents and materials produced,

together with all duplicates, copies, reproductions and reprints thereof (except for

those containing any notes, comments, highlighting, or work product-type

delineations made by counsel or counsel’s staff) upon request of counsel. Counsel

for the other party agrees to retain the documents for a minimum of two years.

12. If any party objects to the designation of any document or material as

“CONFIDENTIAL,” that party will inform the designating party in writing

regarding the objection to the “CONFIDENTIAL” designation. Unless the

designating party files a motion with the Court prior to the expiration of fourteen

(14) days after the date of this written notice, the document or material shall

become non-confidential. During this 14-day period the parties shall negotiate in

good faith to resolve the dispute.

ENTERED, this _____ day of _______________, 2007.

____________________________________

U.S. DISTRICT COURT JUDGE

Case 2:06-cv-00785-MHT-WC Document 45-2 Filed 07/11/2007 Page 4 of 4