°R' .....1~'^, ».< lst'vt m HftYS ETflL V EXXOH n08I_6 Pages w>^ »-* ^ I'M .B. • . '\ Documents produced by the parties to which this Protective Order is applicable shall be stamped "CONFIDENTIAL." 2. The inadvertent production, without designation as confidential, of information or a document intended to be designated or that should have been designated as being confidential shall not waive the right to so designate such document or information. Any information or documentation that is inadvertently not designated as being confidential when produced shall be, upon written request of the producing party, thereafter treated as being designated as confidential under this Protective Order. 3. A party may designate as "CONFIDENTIAL" portions of any deposition transcript wherein confidential information or materials designated as "CONFIDENTIAL" are identified, discussed, or disdoeed. Portions of a deposition transcript so designated will be Bubject to the terms of this Protective Order. The designation must be made by letter sent by f&csimile or electronic mail to opposing counsel within twenty-one (21) business days after receipt of the transcript. Any confidentiality designation asserted on the record during a deposition must be confirmed in writmg within this Bame time period, providing the Bpecific pages of the transcript that are designated as "CONFIDENTIAL." The portfone of a deposition transcript that mention or discuss materials designated as "CONFTOBNTIAL" must be treated as "CONFIDENTIAL" and therefore subject to this Protective Older untU 6:00 p.m. Central Time on the twenty first (2l*t) business day after receipt of the transcript. AU portions of the deporitioa tranBcript 12M161-V1 2 ^vl- — -.. ?».R2 9 " • /^ to » i i•^1 ;L_ .L f^l 1'^ not designated as "CONFIDENTIAL" by 5:00 p.m. Central Time on the twenty first (21rt) bueineBB day after receipt of the transcript are excluded from the protections of this Protective Ordey. 4. The parties agree that they wiU protect the confidentiality of documents produced in this case by third parties (Third-Party Confidential Information") and agree to extend the provision of this Protective Order to ThirdParty Confidential Information produced by third parties in this case. To accomplish this purpose, the parties will provide third parties with a copy of this Protective Order and advise those third parties to follow the requirements of this Protective Order with regard to dcBignatmg information as confidential. Any documents or other materials produced by third parties that is designated as "CONFIDENTIAL" pursuant to this Protective Order shall be treated as Third. Party Confidential Information and be subject to this Protective Order'8 provisions governing confidential information. S. A lawyer who wishes to challenge the "CONFIDENTIAL" designation made by the producing party of any materials must first attempt in good faith, to confer with lawyers for the producing party in an effort to reaolve the issue amicably. If agreement cannot be reached, the challenging party may file a motion asking the Court to remove the designation. The motion should describe with specificity the partifeular materials for which the designation is being challenged and set forth with apecificity the particular materials that are not properly designated as "CONFIDENTIAL." The party seeking to maintain materials as UMlBl-vl 3 c";-'...-•-• ^ "CONFIDENTIAL" generally will bear the burden of proving that the designation is proper. Materials deBignated as "CONFIDENTIAL" will continue to be treated as such and subject to the provisions of this Protective Order pending determination by the Court of the merits of any such challenge. 6. Subject to the ArkansaB Rules of Evidence, any confidential information or documents may be offered m evidence at trial or any Court hearing. Any party may move the Court to prevent unneceBsary disclosure of confidential information and documents. 7. Any material submitted to or filed with the Court which contains information covered by this Protective Order shall be filed under seal, in a sealed envelope marked to indicate that the enclosed material is confidential and is to be made available only to the presiding judge and the judge's staff unless and until the Court orders otherwise. The parties may agree subsequently to exclude any information or documents from coverage under this Protective Order and, upon motion of a party or upon the Courfa own motion, the Court may exclude any information or documents from coverage under this Protective Order. Nothing in this Protective Order shall restrict any use by a producing party of its own confidential information or documents. 8. No lawyer for a party may comment in the presence of the )ury on the reaaona or motivation for designating materials as "CONFIDENTIAL" without first having obtained permission from the Court to do so. 3823 "r. c'"-:/ •.•••• .„. ?^.9.^. '-'^^. 9. The information and documentation covered under this Protective Order shall be used only for purposes of this litigation. No individual shall dieclose any of the documents or mformation to any other individual, directly or iadirectly, except as authorized by this Protective Order. No individual fibaU use any of the information or documentation to the detriment of the producing party or for any other business or financial benefit of the individual, 10. In the event of a diedosuie in violation of tbis Protective Order (whether intentional or umntentional), the disclosme party shall immediately notify the opposing party of the disclosure and take immediate action to prevent further disclosure. In the event either party is siApoenaed or othenvise required by legal process to disclose the information, that party shall immediately notify the opposing party and provide it with an opportunity to object before any disclosure is made. 11. Within sixty (60) days after the conclusion of all aspects of tbe Utigation. of this case, whether by settlement, final judgment or appeal, confidential documents and all copies in print (other than exhibits of record), on computer disc or in any type of electronic format shall be destroyed or returned to the party which produced the documents. IT IS SO ORDERED on this ^ day nf Oa^^^i. 2016. CIRCtJltWURT JUDjtfE 12MIM.V1 ~^%^—? By: Michael D. Barnes (88071) Phillip Duncan Richard Quintus William Rob Pointer Jane A. Kim (2007160) Justin C. Zachary 200 West Capitol Avenue, Suite 2300 Little Rock, Arkansas 72201.3699 Michael A. Thompson (2010146) WEIGHT. UNDSEY & JENNINGS LLP Timothy P. Reed Co-counsel for plaintiffs PAUL BYRD LAW FSSM, PLLC 415 N. McKuley, Suite 210 (501) 371.0808 FAX: (501) 376.9442 DEFENDANT MOBIL PIPE LINE COMPANY Little RAArkanrfas. 7^205 By:, -~^^\z: ScottA.Irby(99'192) Gary D. Marts. Jr. (2004116) By:_ Paul] WRIGHT, UNDSEY & JENNINGS LLP Josepti'Gates 200 West Capitol Avenue, Suite 2300 Little Rock, Arkansas 72201-3699 Co-counsel for plaintiffs (601) 371.0808 FAX: (501) 376.9442 DEFENDANT EXXON MOBIL CORPORATION By: ^f/f'7 Edwin L. Lowther, Jr. (81107)' Stephen R. LaocaBter (93061) Michelle M. Kaemmerling (2001227) WEIGHT, LINDSEY & JENNINGS LLP 200 West Capitol Avenue, Suite 2300 Little Rock, AAansas 72201-3699 (501) 371.0808 FAX: (601) 376.9442 1256161'vl