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Menard, Inc. v. Dial-Columbus, LLC

United States District Court, D. Nebraska

July 23, 2014

MENARD, INC., a Wisconsin corporation, Plaintiff,
v.
Dial-Columbus, LLC a/k/a Dial Columbus, LLC, a Nebraska limited liability company; DKC-Columbus, LLC, a Nebraska limited liability company; and Terry L. Clauff, a Nebraska resident. Defendants.

STIPULATED CONFIDENTIALITY PROTECTIVE ORDER.

CHERYL R. ZWART, Magistrate Judge.

Plaintiff Menard, Inc., ("Menard") and Defendant Terry L. Clauff ("Clauff") have moved that the Court enter a protective order pursuant to Fed.R.Civ.P. 26(c). The Court has determined that the terms set forth herein are appropriate to protect the respective interests of the parties, the public, and the Court. Accordingly, it is ORDERED:

1. Scope. All information and documents produced by Clauff in conjunction to the proceedings in aid of execution of judgment ("Judgment Execution Proceedings"), which may be subject to restrictions on disclosure for good cause and information derived directly therefrom (hereinafter collectively "Documents"), shall be subject to this Order concerning confidential information as set forth below. The Order is also subject to the applicable rules of procedure and local rules on matters of procedure and calculation of time periods.

2. Form and Timing of Designation. Clauff may designate Documents as confidential and restricted in use and disclosure under this Order by placing or affixing the words "CONFIDENTIAL" on the document in a manner that will not interfere with the legibility of the document. Documents shall be designated CONFIDENTIAL prior to or at the time of the production or disclosure of the documents. Any document produced by Clauff prior to entry of this Order may be designated and deemed confidential subject the terms of this Order by identifying each such document in writing within twenty (20) days of the date this Order is entered. The designation "CONFIDENTIAL" does not mean that the Document has any status or protection by statute or otherwise except to the extent and for the purposes of this Order.

Additionally, if the CONFIDENTIAL documents contain highly sensitive trade secrets or other highly sensitive competitive or confidential information and disclosure to Menard would result in demonstrable harm to Clauff, then Clauff may add the additional designation of "CONFIDENTIAL-ATTORNEY EYES ONLY" or "HIGHLY CONFIDENTIAL." The documents designated "CONFIDENTIAL-ATTORNEY EYES ONLY" or "HIGHLY CONFIDENTIAL" shall constitute an additional category of protection that carries all of the same protections as documents designated "CONFIDENTIAL" and the additional protections as outlined in ¶ 6(c) below.

3. Documents Which May be Designated CONFIDENTIAL. Clauff may designate Documents as CONFIDENTIAL upon a good faith belief that the documents contain information protected from disclosure by statute or that should be protected from disclosure as confidential personal or business information, medical or psychiatric information, trade secrets, personnel records, or such other sensitive commercial and/or financial information that is not publicly available.

4. Documents Which May be Designated CONFIDENTIAL-ATTORNEY EYES ONLY. Clauff may designate any document as CONFIDENTIAL-ATTORNEY EYES ONLY upon a good faith belief that the document contains highly sensitive trade secrets or other highly sensitive competitive or confidential information and disclosure to Menard would result in demonstrable harm to Clauff or related business entities.

5. Depositions. Deposition testimony and testimony during a Debtor's Exam shall be deemed CONFIDENTIAL only if designated as such within 30 days of receipt of the deposition transcript, in writing. Such designation shall be specific as to the portions of the transcript or any exhibit to be designated as CONFIDENTIAL. Thereafter, the transcripts and any those portions so designated shall be protected as CONFIDENTIAL, pending objection, under the terms of this Order. However, a party may designate any portion of the deposition or debtor's exam as testimony is being taken, in which case any individual not authorized to access Documents with such designation shall leave the room.

6. Protection of Confidential Material.

(a) General Protections. Documents designated CONFIDENTIAL under this Order shall not be used or disclosed by the parties, counsel for the parties or any other persons identified in ¶ 6(b) for any purpose whatsoever other than to prepare for and to conduct discovery related to the Judgment Execution Proceedings, including any appeal thereof.
(b) Limited Third-Party Disclosures. The parties and counsel for the parties shall not disclose or permit the disclosure of any CONFIDENTIAL Documents to any third person or entity except as set forth in subparagraphs (1)-(5). Subject to these requirements, the following categories of persons may be allowed to review Documents that have been designated CONFIDENTIAL:
(1) Counsel. Counsel (or the employees and agents of Counsel) who have responsibility for the preparation and representation during the Judgment Execution Proceedings and are not employees of a party;
(2) Parties. Parties and employees of a party to this Order. In-house attorneys, who are employees of a party, are included in the definition of the term Parties, and are ...

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