United States District Court, D. Nebraska
CYNTHIA L. HOSSACK, Plaintiff,
CSG SYSTEMS, INC., Defendant.
CHERYL R. ZWART, Magistrate Judge.
The parties' motion, (filing no. 30), is granted, and a protective order is entered as follows:
1. Facts Establishing Good Cause and "Confidential Information, " Defined. Plaintiff Cynthia L. Hossack brings this lawsuit alleging Defendant CSG Systems, Inc. is liable to her for terminating her employment. Plaintiff asserts the three following claims against Defendant: (1) promissory estoppel; (2) fraud; and (3) negligent misrepresentation. It is anticipated that non-public confidential financial, educational, and/or personnel information about Plaintiff, as well as non-public confidential financial, educational, and/or personnel information about current and/or former employees of Defendant, and non-public confidential information regarding the policies, practices, procedures, training, performance, finances, taxes, compensation data, employee personnel information, clients, business strategies, and operation of Defendant may be requested through discovery (hereafter, "Confidential Information"). The parties recognize that the public disclosure of such Confidential Information may cause injury to Plaintiff and Defendant, and the release of Confidential Information may affect the privacy of Plaintiff, the Defendant, and/or current or former employees of Defendant who are not parties to this Action. This Order protects Plaintiff and Defendant and prohibits the public release of Confidential Information, while allowing the parties access to information each seeks to discover and minimizing any potential harmful effects on either the parties or non-parties. The Court finds that the parties properly seek to protect such Confidential Information as well as to protect all parties and non-parties from any annoyance or embarrassment that unrestricted disclosure may potentially cause.
2. Limited Use of Confidential Information. "Confidential Information, " as defined above in paragraph 1, shall be used by the parties only for purposes of preparing for and conducting the Action (including the trial and any appeals) styled Hossack v. CSG Systems, Inc., Case No. 8:13cv-03178-JMG-CRZ (hereinafter the "Action").
3. Designating Information As Confidential. Any party to this Action may designate information as "Confidential Information" consistent with the above definition by affixing the legend "Confidential" to every page of the document so designated or otherwise affixing such legend in a readily visible location on any other item so designated. In the event that Confidential Information is produced without a "Confidential" designation, any party may seek to have it designated as "Confidential" by advising the other party of the same within thirty (30) days. In addition, this Protective Order shall apply to confidential documents produced before or after the entry of this order. Any documents produced prior to this Protective Order may be identified as Confidential by designating said document(s) by page number or some other means that clearly identifies the document designated as confidential and said identification shall be communicated to the other party within thirty(30) days of entry of this order. With respect to Confidential Information contained in testimony, any party may designate portions of testimony as "Confidential" by notifying all counsel in writing of the page(s) and line(s) of such testimony within thirty (30) days of receipt of a copy of the transcript, or such other time period as may be mutually agreed upon by the parties. All testimony shall be deemed confidential for a period of thirty (30) days after counsel's receipt of a copy of the transcript, or such other time period as may be mutually agreed upon by the parties. There shall be no need to re-designate documents used in or exhibits to transcripts which have been previously designated as confidential.
4. Disputes Concerning Designation(s) Of Confidential Information. If any party disputes the designation of any information, document, or testimony as "Confidential, " that party shall attempt to resolve by agreement the question of whether or on what terms the information is entitled to confidential treatment. If the parties are unable to agree as to whether the information is properly designated, counsel for either party may file an appropriate motion with the court. The burden rests upon the person asserting "Confidential" status to demonstrate that the designation is proper. Until a resolution of the dispute is achieved either through consent or order of the court, all persons shall treat the designated information in accordance with its designation.
5. Qualified Persons To Whom Confidential Information May Be Disclosed. Confidential Information may only be disclosed or made available on a need-to-know basis by the party receiving such information to "qualified persons" who are defined to consist of:
a. The United States District Court for the District of Nebraska, including court personnel and members of the jury;
b. The parties named in this Action, including the corporate representative(s) of Defendant (including any of its former and/or current officers, directors, employees, or agents);
c. Counsel to all parties in this Action and the clerical, secretarial, and paralegal staff employed by such counsel;
d. Court reporters and videographers and related staff employed by such service providers in this Action;
e. Independent document reproduction services or document recording and retrieval services;
f. Persons with prior knowledge of the documents or the Confidential Information contained therein;
g. Retained and/or potential experts, consultants, and/or investigators (including their employees and/or support staff) selected by a party to this Action to assist in ...