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United States ex rel. James v. Midlands Choice, Inc.

United States District Court, Eighth Circuit

December 13, 2013

UNITED STATES OF AMERICA Ex rel. DEBRA K. JAMES, Plaintiff,
v.
MIDLANDS CHOICE, INC., Defendant.

Christopher E. Hoyme NE #18993, Susan M. Schneider, NE #24192, JACKSON LEWIS P.C., Omaha, NE, Attorneys for Defendant MIDLANDS CHOICE, INC.

Terry A. White NE #18282, Thompson Law Office, PC, LLO, Omaha, NE, Attorneys for Plaintiff DEBRA K. JAMES.

JOINT CONFIDENTIALITY AGREEMENT AND STIPULATED PROTECTIVE ORDER

THOMAS D. THALKEN, Magistrate Judge.

Plaintiff Debra K. James ("Plaintiff"), and Defendant Midlands Choice, Inc. ("Defendant"), by and through their respective counsel, enter into this Joint Confidentiality Agreement and Stipulated Protective Order ("Confidentiality Agreement") and thereby agree to the following terms and conditions:

I. Definitions

1. Confidential Information. As used in this Confidentiality Agreement, "Confidential Information" shall mean: (i) personnel, medical, insurance, or payroll information concerning any current or former employee of Company; (ii) other documents, including business records, policies and protocols disclosed by Plaintiff or Defendant that are generally considered to be confidential and protected by the privacy interests held by the disclosing party. Use of Confidential Information during this judicial proceeding shall be governed by this Confidentiality Agreement.

2. Highly Confidential/Attorneys' Eyes Only: To the extent it is otherwise discoverable, Confidential Information regarding highly sensitive confidential or proprietary commercial or financial information (including without limitation information about employees, customers, customer contracts, may be further designated as "Highly Confidential/Attorneys' Eyes Only."

II. Procedure for Identification of Confidential Information

3. Other than as set forth in paragraphs four, five and six below, the designation of information as "CONFIDENTIAL" or "Highly Confidential/Attorneys' Eyes Only" shall be made by placing or affixing on the designated information, in a manner that will not interfere with its legibility, the word "CONFIDENTIAL" or "Highly Confidential/Attorneys' Eyes Only, " as applicable. The designation of information as "Confidential Information" or "Highly Confidential/Attorneys' Eyes Only" shall be made prior to, or contemporaneously with, the production or disclosure of said information. However, should the disclosing party discover after disclosure that the words "CONFIDENTIAL" or "Highly Confidential/Attorneys' Eyes Only" was omitted inadvertently from a document or documents, then upon written notice of same, the other party shall return all such documents. The disclosing party shall then mark the returned documents as "CONFIDENTIAL" or "Highly Confidential/Attorneys' Eyes Only" and produce them to the other party within seven (7) business days of the disclosing party's receipt of same.

4. Any commercial, financial, business or regulatory records of Plaintiff shall be deemed Confidential Information whether or not marked "CONFIDENTIAL" or "Highly Confidential/Attorneys' Eyes Only" and shall be governed by this Confidentiality Agreement.

5. Any personnel files, policies, payroll records, employment records, commercial records, financial records, business records or regulatory records of Defendant or any employee or former employee of Defendant shall be deemed Confidential Information whether or not marked "CONFIDENTIAL" or "Highly Confidential/Attorneys' Eyes Only" and shall be governed by this Confidentiality Agreement.

III. Effect of Designation as Confidential or Highly Confidential

6. Information designated as Confidential Information under this Confidentiality Agreement shall not be used or disclosed by any party, counsel for any party, expert witness, consultant, or their employees, for any purpose whatsoever other than in connection with the prosecution and defense of this matter up through and including any appeals.

7. Counsel for each party who obtains information designated as Confidential Information under this stipulation shall not disclose or permit disclosure of this information to any person or entity other than the following: (i) the specific attorneys of record for the parties; (ii) office personnel employed by attorneys of record for the parties to the extent necessary to assist in trial preparation or motion practice; (iii) expert witnesses who may be used in preparation for trial or in the trial of this action; (iv) the parties, (v) employees, officers and directors of ...


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