Protective order agreed upon in suit against Wal-Mart

Christina Stueve Hodges Nov. 15, 2012, 12:59pm

Both sides in a lawsuit against Wal-Mart requested a protective order pertaining to human resources documents, business information, financial records of the parties and compensation of Wal-Mart personnel.

Rachel Madden sued the Glen Carbon store and her former supervisors in November 2011, saying she was fired from her job in retaliation for filing a workers’ compensation claim.

Madden, Wal-Mart and the plaintiff’s former supervisors, Tom Archer, Judy McDonald and Shawn Davidson, filed the protective order Oct. 31.

According to the protective order, confidential information shall be held by in-house counsel and law firms for each party and their staff; deposition notaries and staff; persons other than legal counsel who have been retained or employed by a party as an expert witness for the lawsuit or to perform investigative work or fact research.

“No copies of confidential information shall be made except by or on behalf of attorneys of record, in-house counsel or the parties in this action," the order states. "Any person making copies of such information shall maintain all copies within their possession or the possession of those entitled to access to such information under the Protective order.

“All information produced in this action, whether deemed confidential or not, shall be used only for purposes of this litigation and not for any other purpose.”

Wal-Mart submitted a motion to compel the plaintiff to respond to discovery on Sept. 18, claiming the plaintiff had not submitted responses or objections to the defendants’ written discovery.

In order to avoid the expense of a motion to compel, defense counsel waited to see if responses would be forthcoming, but nothing was received, according to court documents.

Madden claims she was allegedly injured in two separate incidents and then attempted to file a workers’ compensation claim, her suit says.

Wal-Mart supervisors responded to the lawsuit May 25, stating Madden had no right to recover damages, because the actions the company took were for legitimate reasons.

Madden is seeking more than $50,000 in damages.

The plaintiff is represented by Michael J. Brunton of Brunton Law Offices in Collinsville.

Norma W. Zeitler and Jennifer Cervin of the Chicago law firm Barnes & Thornburg also represent the defense.

Madison County Circuit Judge Andreas Matoesian is assigned to the case.

Madison County Circuit Court Case No. 11-L-1217

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