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Stearns v. Wal-Mart Stores, Inc.

United States District Court, D. Nebraska

April 29, 2014

DAVID STEARNS, Plaintiff,
v.
WAL-MART STORES, INC., Defendant.

STIPULATED PROTECTIVE ORDER

F.A. GOSSETT, Magistrate Judge.

The parties believe that certain documents and information have been and may be sought, produced, or exhibited by and between the parties in this proceeding (the "Proceeding") and that some of these documents relate to the parties' and non-parties' financial information, competitive information, or other types of sensitive information which the party making the production deems confidential.

1. This Order shall be entered pursuant to the Federal Rules of Civil Procedure and the Local Rules of the United States District Court, District of Nebraska.

2. This Order shall govern all documents, the information contained therein, and all other information produced or disclosed during the Proceeding whether revealed in a document, deposition, other testimony, discovery response or otherwise, by any party, including any non-party, in this proceeding (the "Supplying Party") to any other party, including any non-party, (the "Receiving Party"), when the same is designated with the procedures set forth herein. This Order is binding upon the parties to the Proceeding, including their respective corporate parents, subsidiaries, and affiliates, as well as their respective attorneys, agents, representatives, officers, and employees, and others as set forth in this Order. This Order is also binding on and applies to all non-parties who either produce or receive documents or information in connection with this Proceeding.

3. Under this Order, any Supplying Party shall have the right to identify and designate as "Confidential" any document or other information it produces or provides, or any testimony given in this Proceeding, which testimony or discovery material is believed in good faith by that Supplying Party, and by the Supplying Party's counsel, to constitute, reflect, or disclose trade secrets or other confidential research, development, or commercial information contemplated under the Federal Rules of Civil Procedure.

4. "Confidential Information" as used herein means any Designated Material that is designated pursuant to this Protective Order as "Confidential" by the Supplying Party, whether it is a document, information contained in a document, information revealed during a deposition or other testimony, information revealed in an interrogatory answer, or information otherwise revealed.

5. A party may designate as "Confidential" information in the possession of and supplied by a non-party if the information was transmitted to the non-party under an agreement or an obligation that it would remain confidential and the information otherwise complies with Paragraph 4.

6. All information produced in this action, whether deemed Confidential or not, shall be used for purposes of this litigation and not for any other purpose.

7. Documents or information may be designated "Confidential" within the meaning of this Order in the following ways:

a. Specific documents produced by the Supplying Party shall, if appropriate, be designated "Confidential" by marking the first page of the document and each subsequent page thereof containing Confidential Information with the legend: "CONFIDENTIAL" or "CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER."
b. In the case of interrogatory answers and responses to requests for admissions, if appropriate, designation of Confidential Information shall be made by means of a statement in the answers or responses specifying that the answers or responses or specific parts thereof are designated "Confidential." The following legend shall be placed on each page of interrogatory answers or responses to requests for admission containing Confidential Information: "CONTAINS CONFIDENTIAL INFORMATION."
c. In the case of depositions and the information contained in depositions (including exhibits), designation of the portions of the transcript (including exhibits) which contain Confidential Information shall be made by a statement to such effect on the record in the course of the deposition by counsel for the party or witness providing such information, or by letter from such counsel within thirty (30) days of receipt of the deposition transcript or copy thereof (or written notification that the transcript is available). The entire deposition transcript (including exhibits) shall be treated as Confidential under this Order until the expiration of the above referenced thirty-day period for designation by letter, except that the deponent may review the transcript of his or her own depositions during this thirty-day period. After the expiration of the thirty (30) day period, the following legend shall be conspicuously placed on the front and back of any original deposition transcript, and on each copy thereof, which contains Confidential Information: "CONTAINS CONFIDENTIAL INFORMATION." If portions of a videotaped deposition are designated as "Confidential", the videocassette or other videotape container shall be labeled with the same legend provided in Paragraph 7(a) above.
d. To the extent that matter stored or recorded in the form of electronic or magnetic media (including information, files, databases, or programs stored on any digital or analog machine readable device, computers, discs, networks, or tapes) ("Computerized Material") is produced by any party in such form, the Supplying Party may designate such material as "Confidential" by cover letter referring generally to such matter or by affixing to such media a label with the legend provided for in Paragraph 7(a) above. Whenever any party to whom Computerized Material designated as "Confidential" is produced reduces such material to hard-copy form, such party shall mark such hard-copy form with the legend provided for in Paragraph 7(a) above.
e. To the extent that any party or counsel for any party creates, develops, or otherwise establishes on any digital, or analog machine-readable device, recording media, computer, disc, network, tape, file, database, or program designated "Confidential, " that party and/or its counsel must take all necessary steps to ensure that access to such media is properly restricted to those persons who, by terms of this Order, may have access to Confidential Information, ...

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