United States District Court, D. Nebraska
LATANYA THOMAS, PERSONAL REPRESENTATIVE OF THE ESTATE OF TYLER THOMAS, Plaintiff,
BOARD OF TRUSTEES OF THE NEBRASKA STATE COLLEGES AND JOSHUA KEADLE, Defendants.
CHERYL R. ZWART, District Judge.
This matter came before the Court on the Motion of defendant Board of Trustees of the Nebraska State Colleges, said Motion being consented to by counsel for plaintiffs, for a Protective Order regarding information and documents to be produced herein. Defendant Board's Motion sought a Protective Order prohibiting production of information and documents listed in defendant Board's Attorney-Client Privilege Log which was previously served on counsel for plaintiffs, and governing disclosure and use of information and documents which have been or will be produced by the parties in connection with this litigation, including, but not limited to, information and materials to be produced in its initial Rule 26(a) Disclosures, in subsequent responses to Interrogatories and Requests for Production, documents containing attorney-client communications, information and documents the disclosure of which would be prohibited by or limited by the Family Educational Rights and Privacy Act ("FERPA"), U.S.C. § 1232g; 34 C.F.R. Part 99, and information and documents some or all of which might be considered confidential, private or proprietary by the parties and/or by third persons.
The Court being fully advised in the premises and of the consent of counsel for plaintiffs finds generally that the parties and/or others should be protected against public disclosure of such materials and information except insofar as these materials might be strictly relevant to these proceedings, and therefore sustains defendant's Motion.
More particularly, IT IS THEREFORE HEREBY ORDERED:
1. This Order will preclude production of information and documents listed in defendant Board's Attorney-Client Privilege Log which was previously served on counsel for plaintiffs. Should plaintiffs wish to challenge the privileged nature of any of the documents listed on the Privilege Log, they may raise them subsequently by way of Motion.
Beyond those materials noted in paragraph 1, the Court orders that the additional information and documents required to be produced by Rule 24(a) or as subsequently requested in discovery be produced subject to the further provisions of this Order or subsequent Orders of the Court.
2. As noted above, information and documents produced or which will be produced by the parties contain information, some or all of which may be considered confidential, private or proprietary by the parties and/or third persons. To avoid unnecessary expenditure of time by the Court and counsel for the parties in attempting to make a case-by-case determination as to which of these documents contain confidential, private and/or propriety information, all of those marked "Confidential" as provided in paragraph 3 below shall be treated for purposes of this litigation as confidential materials and shall not be utilized by any person involved in the aboveentitled litigation, or by others to whom such documents and/or information may be disclosed pursuant to the terms of this Order, except in connection with the preparation for trial and trial of this action and solely in accordance with the provisions of this Order appearing hereinafter.
3. The parties may designate any confidential information or documents produced or filed in this lawsuit as confidential and subject to the terms of this Order by marking such material "Confidential." If any material has multiple pages, this designation need only be placed on the first page of such material.
4. The confidential documents and information shall not be communicated to or disclosed in any manner either directly or indirectly to anyone other than:
a) The attorneys of records and persons employed by them;
b) The parties or representatives of the parties who are either currently employed by them or who were previously employed by them and who are involved in this litigation;
c) Outside experts who have, prior to disclosure, agreed in writing to be bound by the terms of this Protective Order by placing their initials on the last page of a copy of this Order;
d) Deponents during the course of depositions as is necessary in the view of counsel to the examination of the deponents, but copies of the confidential documents and information are not to be left with ...