United States District Court, D. Nebraska
ORIENTAL TRADING COMPANY, INC., a Delaware corporation, and FUN EXPRESS LLC, a Nebraska limited liability corporation, Plaintiffs,
YAGOOZON, INC., a Rhode Island corporation, Defendant.
Jill Robb Ackerman, Krista M. Eckhoff, BAIRD HOLM LLP, Omaha, NE, THEIR ATTORNEYS, ORIENTAL TRADING, INC. and FUN EXPRESS, INC., Plaintiffs.
Daniel E. Klaus, Andrew S. Pollack, Sheila Bentzen, REMBOLT LUDTKE LLP, Omaha, NE, ITS ATTORNEYS, YAGOOZON, INC., Defendant.
STIPULATED PROTECTIVE ORDER
LYLE E. STROM, Senior District Judge.
To protect the confidentiality of confidential information sought to be discovered in this action, Plaintiffs Oriental Trading Company, Inc. and Fun Express, LLC ("Plaintiffs") and Defendant Yagoozon, Inc. (collectively the "Parties" or individually a "Party"), through their undersigned counsel, jointly request that the Court enter this Stipulated Protective Order. Upon Stipulation of the Parties (Filing No. 29), and the Court's acceptance of the same, IT IS ORDERED that the Stipulated Protective Order ("Protective Order") is granted and entered as follows:
1. The terms and conditions of this Protective Order shall govern the production and handling of documents and things (including Electronically Stored Information), answers to interrogatories, depositions, exhibits, pleadings and other information exchanged by the parties, in this action. This Protective Order is made without prejudice to the Parties' rights to stipulate to other terms of confidentiality regarding Confidential Information as defined herein.
2. The Parties anticipate that they will seek information that may be designated as containing confidential, proprietary, business, commercial, technical, scientific, financial, personnel, and/or trade secrets information that is not generally known and that the designating party would not normally reveal to third parties or would cause third parties to maintain in confidence, or information, the present disclosure of which would, in the good faith judgment of the designating party, be detrimental to the designating party in the conduct of its business (hereinafter "Confidential Information").
3. When used in this 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.
4. For purposes of this Protective Order, the term "Party" includes a Party's agents, attorneys, directors, employees, members, officers and partners.
5. The protections afforded by this Protective Order shall in no way affect a Party's right to withhold Confidential Information as privileged under the Attorney-Client Privilege, any other applicable privilege, the Attorney Work-Product Doctrine, or as otherwise exempted from discovery pursuant to the laws of the United States or the State of Nebraska.
6. A Party may designate Confidential Information as "CONFIDENTIAL" under this Protective Order if the designating party reasonably believes that such materials and information contain non-public, confidential, technical, proprietary, financial, secret or other commercially sensitive or otherwise private information.
7. A Party may designate Confidential Information as "CONFIDENTIAL-ATTORNEYS' EYES ONLY" under this Protective Order if the designating party reasonably believes that such materials and information contain such highly confidential or proprietary informations that their dissemination should be limited to those persons described in paragraph 11 below.
8. Any documents produced or Confidential Information provided by a Party, pursuant to or in response to any discovery request or by agreement, may be designated by the responding party as Confidential Information in the following manner:
a) By imprinting the word "CONFIDENTIAL" or "CONFIDENTIAL-ATTORNEYS' EYES ONLY" on the first page or cover of any document produced;
b) By imprinting the word "CONFIDENTIAL" or "CONFIDENTIAL-ATTORNEYS' EYES ONLY" next to or above any answer to any interrogatory or any other discovery request;
c) With respect to portions of a deposition transcript, by making arrangements with the attending court reporter to bind the confidential portion(s) of such transcripts separately and labeling them as "CONFIDENTIAL" or "CONFIDENTIAL-ATTORNEYS' EYES ONLY;" and
d) With respect to electronic information, by describing the information to the fullest extent possible and noting, in writing, that the described information is confidential. If such information is reproduced in paper form, such paper document may also be designated as "CONFIDENTIAL or "CONFIDENTIAL-ATTORNEYS' EYES ONLY."
9. All documents and information provided by a Party in response to a discovery request, or deposition testimony designated as "CONFIDENTIAL" or "CONFIDENTIAL-ATTORNEYS' EYES ONLY" ...