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Leeper v. Alliance Resource Partners, L.P.

United States District Court, S.D. Illinois

November 6, 2017

CARL LEEPER, individually and on behalf of all others similarly situated, Plaintiff,
v.
ALLIANCE RESOURCE PARTNERS, L.P., HAMILTON COUNTY COAL, LLC, and DOE DEFENDANTS, 1-20, Defendants.

          Thomas P. Rosenfeld, Thomas J. Lech, Kevin P. Green, Goldenberg Heller & Antognoli, P.C., Kreig B. Taylor, Cully, Feist, Kuppart & Taylor, L.L.C., COUNSEL FOR PLAINTIFF.

          Richard G. Griffith Elizabeth S. Muyskens Kif H. Skidmore Stoll Keenon Ogden PLLC COUNSEL FOR DEFENDANT.

          AGREED PROTECTIVE ORDER

          DONALD G. WILKERSON United States Magistrate Judge.

         The parties, having stipulated to the entry of this Protective Order, and the Court being sufficiently advised;

         IT IS ORDERED that the following provisions and conditions shall govern the use and disclosure of all “Confidential Information” produced by or on behalf of the parties, any third party or furnished by any person associated with the parties in any deposition, interrogatory, request for admission, document production or any other discovery proceeding or exchange of information in this action:

         1. “Confidential Information” as used in this Protective Order shall mean documents and other material or information containing or reflecting a trade secret or other confidential employee, medical, financial or business information, or as otherwise considered confidential under applicable law.

         2. Any party may designate as “Confidential” any documents or other materials or information which the designating party and his/its counsel believe contain or reflect Confidential Information. The designation of documents or other materials as “Confidential” may be made by written notice in the documents or materials designated or by separate written notice to the other party. Documents so marked and all Confidential Information derived therefrom shall be treated in accordance with the terms of this Protective Order.

         3. Confidential Information shall not be used by any of the parties in this action or by any other person or entity given access thereto in accordance with this Protective Order, except solely for the purpose of prosecuting or defending claims in this action, including any appeals, and/or for settlement purposes. Confidential Information shall not be used for any business, commercial, media, or other purpose whatsoever.

         4. Except upon further Order of the Court or by express written consent of counsel of record, Confidential Information designated as “Confidential” shall not be shown, described or otherwise revealed to any person or entity other than the following:

(a) In-house or outside counsel for any party;
(b) The parties to this action, and any officers, directors or employees of such parties, to whom disclosure is required for the prosecution or defense of this action and/or evaluation or settlement purposes;
(c) Any deponent to whom disclosure is required for the prosecution or defense of this action and who have signed an agreement in a form substantially similar to that attached as Exhibit A;
(d) Paralegals, office clerks, secretaries and clerical or support personnel employed or retained by counsel for the parties;
(e) The Court in this action, and any court reporter, videographer or typist recording or transcribing testimony in this action, and any outside, ...

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