MELVIN A. MORRISS III, an individual, Plaintiff,
BNSF RAILWAY COMPANY, a Delaware corporation, Defendant.
Jennifer L. Turco Meyer, #23760, MARKS CLARE & RICHARDS, L.L.C., Omaha, NE, ATTORNEY FOR PLAINTIFF.
Nichole S. Bogen, #22552, Andrew D. Weeks, #22733, SATTLER& BOGEN LLP, Lincoln, NE, ATTORNEYS FOR DEFENDANT.
JOINT STIPULATION AND PROTECTIVE ORDER
CHERYL R. ZWART, Magistrate Judge.
The parties hereby stipulate and agree to the entry of the following Protective Order for purposes of expediting the flow of discovery, facilitating the resolution of disputes over claims of confidentiality, providing adequate protection for material deemed confidential, and assuring protection is afforded only to such designated material.
1. In connection with any and all discovery in this action, any party may designate any document or other information produced (collectively referred to herein as "Material") to be "Confidential Information" or "Attorney Only Information" under the terms of this Stipulation.
2. A party may designate Material as Confidential Information if that party in good faith believes that such Material constitutes confidential medical, employment or personal information; financial information, proprietary information; trade secrets; internal audit practices and procedures and/or confidential business or project-related information.
3. A party may also designate Material as Attorney Only Information or Confidential and Attorney Only Information if that party in good faith believes that such Material constitutes Material that only the party's attorneys should have access to for the prosecution or defense of this case. Attorney Only Information includes but is not limited to medical, employment or personal information of other job applicants and/or employees of Defendant and third parties that are not parties to the present litigation.
4. Designation of Material may be made by stamping or otherwise marking the Material prior to filing or production as follows: "CONFIDENTIAL" and/or "ATTORNEY ONLY". Such marking shall occur on every page of the Material that is designated as Confidential and/or Attorney Only Information.
5. Testimony given at deposition, conference, hearing, or other informal proceeding may be designated as Confidential and/or Attorney Only Information by making a statement to that effect on the record at such proceeding. Arrangements shall be made with the court reporter, if any, transcribing such testimony to bind separately any portions of the transcript containing Confidential and/or Attorney Only Information, including Confidential and/or Attorney Only Information introduced as exhibits at the proceeding, and to label such portions "CONFIDENTIAL" and/or "ATTORNEY ONLY". A party may designate testimony and/or exhibits to a deposition as Confidential and/or Attorney Only Information by notifying the other party of such designation within twenty (20) days of the party's receipt of the deposition transcription. Such information is not protected by this Stipulation and Protective Order until it has been designated as Confidential and/or Attorney Only Information.
6. Material disclosed in response to written discovery may be designated as Confidential and/or Attorney Only Information by indicating the same in bold and capitalized letters in the response.
7. Confidential and/or Attorney Only Information may be disclosed or made available only to the following individuals and to the extent reasonably necessary for the purpose of assisting in the prosecution or defense of this litigation:
a. The Court, including its staff;
b. Counsel to the parties in this litigation, including partners and associate attorneys, paralegals, clerical and other support staff who are employed by such counsel ...