United States District Court, D. Nebraska
COLOMBO CANDY & TOBACCO WHOLESALE CO. d/b/a COLOMBO DISTRIBUTION, Plaintiff,
AMERISTAR CASINO COUNCIL BLUFFS, INC., Defendant,
UNION INSURANCE, Intervenor.
STIPULATION FOR PROTECTIVE ORDER
THOMAS D. THALKEN, Magistrate Judge.
WHEREAS, the parties to this proceeding, Colombo Candy & Tobacco Wholesale Co., d/b/a Colombo Distribution, Ameristar Casino Council Bluffs, Inc, and Union Insurance (referred to herein individually as "Party, " or collectively as "Parties"), wish to protect certain confidential documents and information from public dissemination and agree to prevent such dissemination pursuant to the terms of the following Stipulated Protective Order;
The Parties anticipate that they will produce each respective Party's proprietary business records; financial records and documents, including tax filings or records; personnel files; customer records and files; business plans and pro forma statements; and/or trade secrets that are not otherwise publicly available (hereinafter, collectively referred to as "Confidential Information").
WHEREAS Confidential Information should not be released into the public domain, but rather should be treated as confidential pursuant to the privacy interests of the Parties;
WHEREAS the Parties, through counsel, have agreed to be bound by this Stipulated Protective Order and consent to the entry of this Stipulated Protective Order to prevent unnecessary disclosure or dissemination of Confidential Information.
IT IS HEREBY STIPULATED, AGREED AND ORDERED that the terms and conditions of this Stipulated Protective Order shall govern the handling of the documents and other information produced by any Party:
1. This Stipulated Protective Order is entered for the purposes of this case and shall remain in full force and effect unless modified by an Order of this Court. Without limiting the foregoing, this Stipulated Protective Order shall survive and remain in full force and effect after the termination of this litigation.
2. This Stipulated Protective Order shall become effective upon the signature of the Honorable Thomas D. Thalken, United States Magistrate Judge for the District of Nebraska.
3. Nothing in this Stipulated Protective Order shall limit or preclude the Parties from applying to the Court to modify the terms herein, or for further or additional protective orders as the Court may deem appropriate.
4. When used in this Stipulated Protective Order, the word "documents" means all written, recorded, graphic, or Electronically Stored Information whatsoever including, but not limited to, documents produced by a producing Party to this action whether pursuant to Federal Rules of Civil Procedure 34, a subpoena, or by agreement.
5. For purposes of this Stipulated Protective Order, the term "Party" includes a Party's agents, attorneys, directors, employees, members, officers and partners.
6. Portions of documents and materials produced or provided by any Party and that are marked "CONFIDENTIAL" shall be considered confidential material so long as such materials fall within the above definition of "Confidential Information". The producing Party shall designate clearly on any document or other material produced that its contents should be confidential, by labeling or identifying each document or other material as "CONFIDENTIAL."
7. Confidential Information shall not include documents or information that a Party acquired from, or made available to, a third party or non-party to this suit, which documents or information, at the time of acquisition by, or transmittal to, the possessing Party to or from the third party or non-party, were not subject to a separate express, written protective order or confidentiality agreement between the possessing ...