AGREED PROTECTIVE ORDER Page 1 

IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

WICHITA FALLS DIVISION

JACKI PICK,

Plaintiff,

v. 

BRADLEY JAY RAFFENSPERGER, 

Defendant. 

§

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

Civil Action No. 7:22-cv-00112-O 

JURY TRIAL DEMANDED

AGREED PROTECTIVE ORDER

Before the Court is the parties’ Agreed Motion for Entry of Agreed Protective Order (the 

“Motion”).1 Having carefully considered the Motion, the Court finds there is good cause for 

entering this Protective Order. Accordingly, the Court GRANTS the Motion and the following is 

hereby ordered: 

Proceedings and Information Governed.

1. This Order (“Protective Order”) is made under FED. R. CIV. P. 26(c). It governs any 

document, information, or other thing furnished by any party to any other party in the course of 

the above-captioned action (the “Action”), and it includes any nonparty who receives a subpoena 

in connection with this Action.2 The information protected includes, but is not limited to: answers 

to interrogatories; answers to requests for admission; responses to requests for production of 

documents; deposition transcripts and videotapes; deposition exhibits; and other documents or 

things produced, given, or filed in this action that are designated by a party as “Confidential 

1 The Court grants this Motion without prejudice to Defendant’s pending motions seeking to dismiss or transfer the 

underlying action pursuant to Federal Rule of Civil Procedure 12 and/or on any other grounds. The relief granted 

herein is made subject to the above-referenced motions and shall not waive or impact the relief sought in Defendant’s 

pending motions. 

2 This Protective Order also governs all previously produced documents and depositions conducted during 

jurisdictional discovery. 

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AGREED PROTECTIVE ORDER Page 2 

Information” in accordance with the terms of this Protective Order, as well as to any copies, 

excerpts, abstracts, analyses, summaries, descriptions, or other forms of recorded information 

containing, reflecting, or disclosing such information. 

Designation and Maintenance of Information. 

2. For purposes of this Protective Order, the “Confidential Information” designation 

means that the document is comprised of trade secrets or commercial or personal information that 

is not publicly known and is of technical or commercial advantage to its possessor, in accordance 

with FED. R. CIV. P. 26(c)(1)(G), or other information required by law or agreement to be kept 

confidential. Confidential Information does not include, and this Protective Order does not apply 

to, information that is already in the knowledge or possession of the party to whom disclosure is 

made unless that party is already bound by agreement not to disclose such information, or 

information that has been disclosed to the public or third persons in a manner making such 

information no longer confidential. 

3. Documents and things produced during the course of this litigation within the scope 

of paragraph 2(a) above, may be designated by the producing party as containing Confidential 

Information by placing on each page and each thing a legend substantially as follows: 

CONFIDENTIAL 

A party may designate information disclosed at a deposition as Confidential Information 

by requesting the reporter to so designate the transcript or any portion of the transcript at the time 

of the deposition. If no such designation is made at the time of the deposition, any party will have 

ten (10) calendar days after the date of the deposition to designate, in writing to the other parties 

and to the court reporter, whether any portion of the transcript is to be designated as Confidential 

Information. If no such designation is made at the deposition or within the ten (10) calendars day 

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AGREED PROTECTIVE ORDER Page 3 

period (during which period, the transcript must be treated as Confidential Information, unless the 

disclosing party consents to less confidential treatment of the information), the entire deposition 

will be considered devoid of Confidential Information. Each party and the court reporter must 

attach a copy of any final and timely written designation notice to the transcript and each copy of 

the transcript in its possession, custody or control, and the portions designated in such notice must 

thereafter be treated in accordance with this Protective Order. It is the responsibility of counsel for 

each party to maintain materials containing Confidential Information in a secure manner and 

appropriately identified so as to allow access to such information only to such persons and under 

such terms as is permitted under this Protective Order.

Inadvertent Failure to Designate.

 4. The inadvertent failure to designate or withhold any information as confidential or 

privileged will not be deemed to waive a later claim as to its confidential or privileged nature, or 

to stop the producing party from designating such information as confidential at a later date in 

writing and with particularity. The information must be treated by the receiving party as 

confidential from the time the receiving party is notified in writing of the change in the designation.

Challenge to Designations. 

5. A receiving party may challenge a producing party’s designation at any time. Any 

receiving party disagreeing with a designation may request in writing that the producing party 

change the designation. The producing party will then have three (3) business days after receipt of 

a challenge notice to advise the receiving party whether or not it will change the designation. If 

the parties are unable to reach agreement after the expiration of this three (3) businesses day time

frame, and after the conference required under Local Rule 7.1(a), the receiving party may at any 

time thereafter seek an order to alter the confidential status of the designated information. Until 

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any dispute under this paragraph is ruled upon by the presiding judge, the designation will remain 

in full force and effect, and the information will continue to be accorded the confidential treatment 

required by this Protective Order. 

Disclosure and Use of Confidential Information. 

6. Information designated as Confidential Information may only be used for purposes of 

preparation, trial, and appeal of this Action. Confidential Information may not be used under any 

circumstances for any other purpose. 

7. Subject to paragraph 9 below, Confidential Information may be disclosed by the 

receiving party only to the following individuals, provided that such individuals are informed of 

the terms of this Protective Order: 

(a) the parties to this Action, including any of their employees or agents; 

(b) counsel for the parties in this Action; 

(c) supporting personnel employed by (b), such as paralegals, legal secretaries, dataentry clerks, legal clerks, private photocopying and litigation support services; 

(d) experts or consultants assisting any party in connection with this Action; and 

(e) any persons requested by counsel to furnish services such as document coding, 

image scanning, mock trial, jury profiling, translation services, court-reporting 

services, demonstrative-exhibit preparation, or the creation of any computer 

database from documents; and

(f) any witness called to give testimony in this Action by deposition, provided that the 

witness shall not be allowed to retain a copy of the document or material but may 

be shown the document or material; and 

(g) the Court and Court personnel. 

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9. Further, prior to disclosing Confidential Information to a receiving party’s 

proposed expert or consultant, the receiving party must provide to the producing party a signed 

Confidentiality Agreement in the form attached as Exhibit A, the resume or curriculum vitae of 

the proposed expert or consultant, the expert or consultant’s business affiliation, and any current 

and past consulting relationships in the industry. The producing party will thereafter have ten (10) 

business days from receipt of the Confidentiality Agreement to object to any proposed individual. 

The objection must be made for good cause and in writing, stating with particularity the reasons 

for the objection. Failure to object within ten (10) business days constitutes approval. If the parties 

are unable to resolve any objection, the receiving party may file a motion to resolve the matter. 

There will be no disclosure to any proposed individual during the ten (10) business day objection 

period, unless that period is waived by the producing party, or if any objection is made, until the 

parties have resolved the objection, or the presiding judge has ruled upon any resultant motion. 

10. Counsel is responsible for the adherence by third-party vendors to the terms and 

conditions of this Protective Order. Counsel may fulfill this obligation by obtaining a signed 

Confidentiality Agreement in the form attached as Exhibit B. 

11. Confidential Information may be disclosed to a person who is not already allowed 

access to such information under this Protective Order if:

(a) the information was previously received or authored by the person or was authored 

or received by a director, officer, employee, or agent of the company for which the 

person is testifying as a designee under FED. R. CIV. P. 30(b)(6); 

(b) the person is the designating party, or is a director, officer, employee, consultant, 

or agent of the designating party; or 

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(c) counsel for the party designating the material agrees that the material may be 

disclosed to the person. 

In the event of disclosure under this paragraph, only the reporter, the person, his or her 

counsel, the presiding judge and Court personnel, and persons to whom disclosure may otherwise 

be made under and who are bound by this Protective Order, may be present during the disclosure 

or discussion of the Confidential Information. Disclosure of material pursuant to this paragraph 

does not constitute a waiver of the confidential status of the material so disclosed.

Nonparty Information. 

12. The existence of this Protective Order must be disclosed to any person producing 

documents, tangible things, or testimony in this Action who may reasonably be expected to desire 

confidential treatment for such documents, tangible things, or testimony. Any such person may 

designate documents, tangible things, or testimony confidential pursuant to this Protective Order. 

Filing Documents With the Court.

13. If any party wishes to submit Confidential Information to the Court, the submission 

must be filed using the Sealed and/or Ex Parte Motion event. If the producing party does not “dedesignate” the Confidential Information during meet and confer discussions related to the sealing 

of the documents, the producing party must agree to the relief requested by the receiving party’s 

motion to seal. The word “Sealed” must appear in the title or caption of any document intended 

for filing under seal (and any proposed order you believe should be filed under seal if entered by 

the judge). If filed in hard copy, the submission must be in a sealed envelope bearing the caption 

of this Action and a notice in the following form: 

CONFIDENTIAL INFORMATION

Jacki Pick v. Bradford Jay Raffensperger, Case No. 7:22-cv-00112-O (N.D. Tex.) 

This envelope, which is being filed under seal,

contains documents that are subject to a Protective

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AGREED PROTECTIVE ORDER Page 7 

Order governing the use of confidential discovery material.

No Prejudice.

Other Effects of Designation. 

14. Producing or receiving Confidential Information, or otherwise complying with the 

terms of this Protective Order, will not (a) operate as an admission by any party that any particular 

Confidential Information contains or reflects trade secrets or any other type of confidential or 

proprietary information; (b) prejudice the rights of a party to object to the production of 

information or material that the party does not consider to be within the scope of discovery; 

(c) prejudice the rights of a party to seek a determination by the presiding judge that particular 

materials be produced; (d) prejudice the rights of a party to apply to the presiding judge for further 

protective orders; or (e) prevent the parties from agreeing in writing to alter or waive the provisions 

or protections provided for in this Protective Order with respect to any particular information or 

material.

Conclusion of Litigation. 

15. Within sixty (60) calendar days after final judgment in this Action, including the 

exhaustion of all appeals, or within sixty (60) calendar days after dismissal pursuant to a settlement 

agreement, each party or other person subject to the terms of this Protective Order is under an 

obligation to destroy or return to the producing party all materials and documents containing 

Confidential Information, and to certify to the producing party that this destruction or return has 

been done. However, outside counsel for any party is entitled to retain all court papers, trial 

transcripts, exhibits, and attorney work provided that any such materials are maintained and 

protected in accordance with the terms of this Protective Order.

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AGREED PROTECTIVE ORDER Page 8 

Other Proceedings.

16. By entering this Protective Order and limiting the disclosure of information in this 

case, the presiding judge does not intend to preclude another court from finding that information 

may be relevant and subject to disclosure in another case. Any person or party subject to this 

Protective Order who may be subject to a motion to disclose another party’s information 

designated Confidential Information pursuant to this Protective Order must promptly notify that 

party of the motion so that the party may have an opportunity to appear and be heard on whether 

that information should be disclosed. 

Remedies.

17. It is Ordered that this Protective Order will be enforced by the sanctions set forth in 

FED. R. CIV. P. 37(b) and any other sanctions as may be available to the presiding judge, including 

the power to hold parties or other violators of this Protective Order in contempt. All other remedies 

available to any person injured by a violation of this Protective Order are fully reserved. 

18. Any party may petition the presiding judge for good cause shown if the party desires 

relief from a term or condition of this Protective Order. 

SO ORDERED on this ____ day of _____, 2023. 

 _________________________________ 

 Reed O’Connor 

 UNITED STATES DISTRICT JUDGE

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AGREED PROTECTIVE ORDER Page 9 

AGREEMENT TO ENTRY OF ORDER:

Dated: May 18, 2023 

/s/ William S. Snyder

GENE R. BESEN

Texas Bar No. 24045491 

gbesen@bradley.com 

WILLIAM S. SNYDER

Texas Bar No. 00786250 

wsnyder@bradley.com 

HYEWON HANNAH CHOI

Texas Bar No. 24131129 

hchoi@bradley.com 

Bradley Arant Boult Cummings LLP 

Fountain Place 

1445 Ross Avenue, Suite 3600 

Dallas, TX 75202 

(214) 257-9800 (Telephone) 

(214) 939-8787 (Facsimile) 

Attorneys for Defendant.

/s/ Matthew Sarelson

MATTHEW SETH SARELSON, ESQ.

Attorney Bar No. 888281FL 

msarelson@dhillonlaw.com

KARIN M. SWEIGART, ESQ. 

(pro hac vice forthcoming) 

ksweigart@dhillonlaw.com 

CHRISTOPHER HALBOHN, ESQ. 

Texas Bar No. 24109967 

chalbohn@dhillonlaw.com 

Dhillon Law Group, Inc. 

1601 Forum Place, Suite 403 

West Palm Beach, FL 33401

T 305.773.1952 

Counsel for Plaintiff

WILLIAM G. WHITEHILL 

Texas Bar No. 21356550 

bwhitehill@condontobin.com 

Condon Tobin Sladek Thornton 

Nerenberg, PLLC

8080 Park Lane, Suite 700 

Dallas, Texas 75231 

T 214.265.3862 | F 214.691.6311 

Local Counsel for Plaintiff

Case 7:22-cv-00112-O Document 18-1 Filed 05/18/23 Page 9 of 13 PageID 156
CONFIDENTIALITY AGREEMENT PAGE 1 

Exhibit A

IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

WICHITA FALLS DIVISION

JACKI PICK,

Plaintiff,

v. 

BRADLEY JAY RAFFENSPERGER, 

Defendant. 

§

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

Civil Action No. 7:22-cv-00112-O 

JURY TRIAL DEMANDED

CONFIDENTIALITY AGREEMENT FOR EXPERT,

CONSULTANT OR EMPLOYEES OF ANY PARTY

I hereby affirm that:

Information, including documents and things, designated as “Confidential Information” as 

defined in the Protective Order entered in the above-captioned action (“Protective Order”), is being 

provided to me pursuant to the terms and restrictions of the Protective Order. 

I have been given a copy of and have read the Protective Order. 

I am familiar with the terms of the Protective Order and I agree to comply with and to be 

bound by its terms. 

I submit to the jurisdiction of this Court for enforcement of the Protective Order. 

I agree not to use any Confidential Information disclosed to me pursuant to the Protective 

Order except for purposes of the above-captioned litigation and not to disclose any of this 

information to persons other than those specifically authorized by the Protective Order, without 

the express written consent of the party who designated the information as confidential or by order 

of the presiding judge. 

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CONFIDENTIALITY AGREEMENT PAGE 2

I also agree to notify any stenographic, clerical, or technical personnel who are required to 

assist me of the terms of this Protective Order and of its binding effect on them and me.

I understand that I am to retain all documents or materials designated as or containing 

Confidential Information in a secure manner, and that all such documents and materials are to 

remain in my personal custody until the completion of my assigned duties in this matter, 

whereupon all such documents and materials, including all copies thereof, and any writings 

prepared by me containing any Confidential Information are to be returned to counsel who 

provided me with such documents and materials.

_________________________________

Signed

_________________________________

Printed Name

_________________________________

Date

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CONFIDENTIALITY AGREEMENT PAGE 1 

Exhibit B

IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

WICHITA FALLS DIVISION

JACKI PICK,

Plaintiff,

v. 

BRADLEY JAY RAFFENSPERGER, 

Defendant. 

§

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

Civil Action No. 7:22-cv-00112-O 

JURY TRIAL DEMANDED

CONFIDENTIALITY AGREEMENT FOR THIRD-PARTY VENDORS

I hereby affirm that:

Information, including documents and things, designated as “Confidential Information” as 

defined in the Protective Order entered in the above-captioned action (“Protective Order”), is being 

provided to me pursuant to the terms and restrictions of the Protective Order.

I have been given a copy of and have read the Protective Order. 

I am familiar with the terms of the Protective Order and I agree to comply with and to be 

bound by its terms. 

I submit to the jurisdiction of this Court for enforcement of the Protective Order.

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CONFIDENTIALITY AGREEMENT PAGE 2

I agree not to use any Confidential Information disclosed to me pursuant to the Protective 

Order except for purposes of the above-captioned litigation and not to disclose any of this 

information to persons other than those specifically authorized by the Protective Order, without 

the express written consent of the party who designated the information as confidential or by order 

of the presiding judge.

 

_________________________________

Signed

_________________________________

Printed Name

_________________________________

Title or Position

_________________________________

Company

_________________________________

Date

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