Civil Action No.: 

2:06-CV-745-WKWCSC

UNITED STATES DISTRICT COURT 

 MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 

GRADY CLIFFORD SMITH, ) 

 ) 

Plaintiff, ) 

 ) 

vs. ) 

 ) 

HYUNDAI MOTOR MANUFACTURING ) 

ALABAMA, LLC, ) 

 ) 

Defendant. )

 ) 

_______________________________________ ) 

JOINT MOTION FOR ENTRY OF

PROTECTIVE ORDER

The parties jointly move the Court for entry of a Protective Order, a copy of which is 

attached as Exhibit “A” and is necessary due to the discovery which is anticipated in this case. 

In support of their Motion, the parties state: 

 1. Through discovery, plaintiff seeks production of personnel files, investigatory files 

and other personnel information of some of Defendant’s employees as well as proprietary and 

financial information. Plaintiff's income tax records and limited medical records will also be 

disclosed. 

 2 The attached Protective Order is designed to protect the legitimate confidentiality and 

privacy expectations of both parties. 

 

Case 2:06-cv-00745-WKW-CSC Document 14 Filed 04/12/2007 Page 1 of 2
This Joint Motion for Protective Order along with Exhibit “A” is respectfully submitted this 

the 12th day of April, 2007. 

THIS WILL CERTIFY THAT ALL PARTIES HAVE AGREED TO THE ABOVE AND 

HAVE AGREED THAT: 

Sandra B. Reiss will e-file the foregoing Joint Motion and Proposed Order. Specifically, the 

above is agreed to by: 

 

FOR PLAINTIFF FOR DEFENDANT 

/s/Cynthia Wilkinson(with permission) /s/Sandra B. Reiss

Cynthia Forman Wilkinson J. Trent Scofield (ASB-1191-e67j) 

Wilkinson Law Firm, PC Sandra B. Reiss (ASB-3650-s80s) 

215 Richard Arrington Jr. Blvd. N. Ogletree, Deakins, Nash, Smoak & Stewart, 

Suite 811 One Federal Place 

Birmingham, AL 35203 Suite 1000 

(205) 250-7866 1819 Fifth Avenue North 

 Birmingham, AL 35203 

 e-mail: Trent.Scofield@odnss.com 

 e-mail: Sandra.reiss@odnss.com

 Ph. (205) 328-1900 

 Fax: (205) 328-6000 

/s/Scott Harwell (with permission)

Scott Harwell 

P. O. Box 380966 

Birmingham, AL 35238 

Ph. (205) 980-1445 

 

4518064.1 

Case 2:06-cv-00745-WKW-CSC Document 14 Filed 04/12/2007 Page 2 of 2
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Civil Action No.: 

2:06-CV-745-WKWCSC

IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 

GRADY CLIFFORD SMITH, ) 

 ) 

Plaintiff, ) 

 ) 

vs. ) 

 ) 

HYUNDAI MOTOR MANUFACTURING ) 

ALABAMA, LLC ) 

 ) 

Defendant. ) 

PROTECTIVE ORDER

Pursuant to Federal Rule of Civil Procedure 26(c), for good cause shown and by 

agreement of all parties, it is hereby ORDERED: 

 1. The purpose of this Protective Order is to protect from general disclosure 

information which is ordinarily and customarily regarded as confidential and/or proprietary by 

plaintiff Grady Clifford Smith and defendant Hyundai Motor Manufacturing Alabama, Inc. 

(“HMMA”) (collectively the “parties”). Control and distribution of all material covered by this 

Protective Order shall be the responsibility of the attorneys of record, and no copies of any 

protected information shall be made, furnished, or disclosed to any other person, firm, or 

corporation except as provided herein. 

 2. The information and documents that are produced in this case by the parties shall 

be utilized in this case only and said information or documents shall not be disclosed to anyone 

other than the following: 

 (a) counsel representing the parties in this litigation, including counsel or any 

other legal staff personnel who are employed by a party and are participating in litigation on 

behalf of a party; 

Case 2:06-cv-00745-WKW-CSC Document 14-2 Filed 04/12/2007 Page 1 of 5
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 (b) direct employees of counsel representing the parties in litigation; 

 (c) any party or director, officer, employee, consultant, or representative of 

any party or attorney for a party who is either required by such party or requested by counsel to 

assist with this litigation; 

 (d) expert consultants and expert witnesses including without limitation 

accountants, analysts, consultants, or engineers and employees or assistants under the control of 

any of the foregoing, who are engaged by counsel for the purpose of this litigation; 

 (e) actual witnesses or deponents as provided in paragraphs 6 and 7; 

 (f) such other persons as may be specifically designated by the Court. 

 3. Upon the production of confidential information or documents, counsel for the 

other parties shall undertake sufficient measures and safeguards to protect the security of said 

records within his or her possession and shall not show or reveal its contents to associates, other 

employees, witnesses, or anyone else who is not involved in this case. Counsel for the other 

parties shall also maintain a list of the names of all persons to whom the confidential records 

have been disclosed further designating that each recipient has agreed to comply with this 

Protective Order. 

4. Confidential records shall not be photocopied, scanned, taped or filmed by anyone 

other than the parties identified in paragraph 2 above and their respective legal staff (and/or third 

party copy vendors who agree to abide by the terms of this Protective Order), and the records 

shall not be distributed outside the custody and control of the parties identified in paragraph 2 

above. Whenever confidential records have been disclosed to those parties identified in 

paragraph 2 above, counsel shall provide the recipient with a copy of this Protective Order and 

shall explain the contents thereof to sufficiently familiarize that person or persons of the 

Case 2:06-cv-00745-WKW-CSC Document 14-2 Filed 04/12/2007 Page 2 of 5
confidential nature of the information and the scope of this Protective Order and shall secure that 

person’s agreement to protect the confidentiality of the information and documents and to abide 

by the terms of this Protective Order by requiring that person or persons to execute the 

acknowledgement form attached as Exhibit A. 

5. Confidential information and documents subject to this Protective Order should 

not be filed with the Clerk of the Court except when required in connection with motions under 

the Federal Rules of Civil Procedure or other matters pending before the Court. Any such 

protected documents filed with the Court shall be filed in sealed envelopes or other sealed 

containers that shall bear the caption of this action, an indication of the nature of the contents of 

such sealed envelope or container, the word “Confidential” and a statement substantially stating 

that the envelope or container is not to be opened, nor the contents thereof to be displayed or 

revealed, except by express order of the Court. 

6. Subject to the provisions of this Protective Order, a deponent during a deposition 

may be shown, and examined about, confidential records. To the extent necessary, confidential 

information within the deposition transcript may be designated as confidential and safe guarded 

by placing the protected testimony under seal and/or by undertaking other measures to protect 

the confidential information, any exhibits which contain confidential information may remain 

under the care and custody of counsel. 

7. In the event counsel for any other party seeks to introduce confidential records 

during the trial of this case, counsel will inform the Court of this intent, and the Court will 

review the document’s confidentiality and make arrangements for the document’s confidentiality 

to be protected. Any such document utilized as exhibits at trial, whether admitted into evidence, 

Case 2:06-cv-00745-WKW-CSC Document 14-2 Filed 04/12/2007 Page 3 of 5
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will be impounded by order of this Court to be returned immediately following final judgment as 

provided herein. 

 8. Upon the conclusion of this litigation by an Order which has become final due to 

the expiration of time for appeal or rehearing or due to the denial of rehearing, or in the event 

that the parties settle their dispute, all confidential and protected documents covered by the 

protective order, including all copies of such documents, summaries of such documents, 

documents containing extracts from such documents, or documents taking information for such 

protective documents shall be within thirty (30) days after the conclusion of this action either (1) 

destroyed by counsel and or their legal staff with written verification being provided to HMMA’s 

counsel as to the destruction of said records or (2) returned to HMMA’s counsel who will retain 

said documents for five years. 

 9. The parties may within fifteen (15) days of receipt of any protected information or 

document apply by motion to the Court for a ruling that such document (or category of 

documents) is not entitled to such status and protection. The non-moving party shall be given 

notice of the application and an opportunity to respond. 

 10. The parties shall have the right to disclose protected information or documents 

designated pursuant to paragraph one (1) of this Protective Order as they deems appropriate. 

 It is hereby further ORDERED that this Court shall retain jurisdiction to enforce the 

provisions of this Order and to make such amendments, modifications, and additions to this 

Order as the Court may deem appropriate upon notice to the parties and good cause shown. 

 DONE this _____ day of ______________, 2007. 

 

 ________________________________ 

 UNITED STATES DISTRICT JUDGE 

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EXHIBIT A 

ACKNOWLEDGMENT 

1. My name is ______________________________________________. I live at 

____________________________________________. 

2. I am aware that an Agreed Protective Order has been entered in the abovecaptioned action and a copy of this Order has been given to me. 

3. I promise that any documents, information, materials or testimony, which are 

protected under the Agreed Protective Order entered in this case and designated as Confidential 

Materials will be used by me only in connection with the above-captioned matter. 

4. I promise that I will not disclose or discuss such protected materials with any 

person other than those individuals permitted by the Order to review such materials. 

5. I understand that any use of such confidential documents, information, materials, 

or testimony obtained by me (or any portions or summaries thereof) in any manner contrary to 

the provisions of the Order may subject me to a sanction from this Court for violating the Order. 

______________________________ 

SWORN TO AND SUBSCRIBED BEFORE ME this ________ day of 

___________________, 2007. 

 

 NOTARY PUBLIC, STATE OF 

 

 Notary’s Printed Name 

My Commission Expires:____________ 

4766613.1 

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