United States District Court, D. Nebraska
F.A. GOSSETT, Magistrate Judge.
The parties expect the disclosure of documents in this case may involve the exchange of sensitive information, including, inter alia, medical information, financial and tax information, other personal or business financial information, personally identifying information with respect to students or employees, and/or other information that would be subject to protection from public disclosure pursuant to the Privacy Act, 5 U.S.C. § 522a. Accordingly, the parties have stipulated to the entry of a protective order. The parties have further agreed that certain forms of contact between Defendants and witnesses for the United States can and should be avoided.
Based on the parties' stipulation, a protective order is hereby entered as follows:
I. Contact Between Defendants and Witnesses or "Aggrieved Persons"
1. Defendants and their agents, employees or anyone operating on their behalf or at their direction (excluding counsel of record and their employees) shall not contact or attempt to contact any persons identified by the United States, whether in its initial disclosures or other discovery responses, as victims of or witnesses to Defendants' alleged discriminatory housing practices.
II. Treatment of Confidential Information
2. All documents containing information that is to be considered confidential information pursuant to this Order shall be marked "CONFIDENTIAL" in large letters on the first page and on each page of the document on which confidential information is contained. If a multi-page document is deemed to be confidential in its entirety, a party may so indicate by marking "CONFIDENTIAL - ENTIRE DOCUMENT" in large letters of the first page of the document. Any party involved in this case, or counsel for such party, may designate as confidential any document, testimony, or information disclosed, or to be disclosed, or portion thereof, if the material includes sensitive information. Such designation shall, without more, subject the information produced or provided under said designation to the provisions of this Confidentiality Agreement.
3. Any party in this case, or counsel for such party, may designate as confidential its responses to interrogatories by labeling each response "CONFIDENTIAL."
4. Counsel for any party in this case may designate deposition testimony or any portion of deposition testimony as confidential by advising the court reporter and counsel of such designation during the course of the deposition.
5. Whenever any material designated as confidential is identified as an exhibit in the above-captioned case, it shall be marked "CONFIDENTIAL" and it shall be subject to all of the requirements of this Confidentiality Agreement.
6. Inadvertent failure to designate a document as "CONFIDENTIAL" may be corrected by supplemental written notice given as soon as practicable.
7. The parties must have a good-faith basis in fact and law to designate the material as confidential. For example, the parties will not designate any publicly-available material as confidential.
8. The parties shall act in good faith when determining whether any documents they intend to disclose may contain confidential information and shall make a good-faith effort to designate any such material as being "Confidential, " including but not limited to social security numbers and medical/healthcare-related information.
9. The parties shall treat as confidential any information related to the medical history and/or treatment of any aggrieved person identified by the United States or any person identified by Defendants as having information relevant to this litigation, regardless of the method by which such information was obtained and regardless of whether such information has been disclosed in any manner prior to the date of this Order. Without limiting the foregoing, any of the parties' discovery requests or responses that reference, contain, or attach information or documents related to such medical history and/or treatment are hereby designated as confidential and subject to the provisions of this Order. The fact that such information is ...