United States District Court, D. Nebraska
COPPERHEAD PIPELINE AND CONSTRUCTION, INC., an Oklahoma corporation, Plaintiff,
NORTHERN NATURAL GAS COMPANY, a Delaware corporation, Defendant.
Gregory C. Scaglione, J. Daniel Weidner, Minja Herian, KOLEY JESSEN P.C., L.L.O. Omaha, Nebraska Attorneys for Defendant Northern Natural Gas Company.
Tara A. Stingley Coady H. Pruett CLINE WILLIAMS WRIGHT JOHNSON & OLDFATHER, L.L.P. Omaha, Nebraska Thomas L. Vogt C. Michael Copeland Patrick G. Colvin JONES, GOTCHER & BOGAN, P.C. Tulsa, Oklahoma Attorneys for Plaintiff Copperhead Pipeline and Construction, Inc.
STIPULATED PROTECTIVE ORDER
LYLE E STROM, Senior District Judge.
WHEREAS the parties to this proceeding recognize that during the course of this proceeding, issues may arise which may require the disclosure of confidential information or sensitive commercial, financial, proprietary or business information, and the parties desire to pursue discovery with a minimum of delay and expense;
WHEREAS such information should not be released into the public domain, but rather should be treated as confidential pursuant to the privacy and business interests of the parties;
WHEREAS the parties have, through the undersigned counsel, agreed to be bound by and stipulated to entry of this Stipulated Protective Order to prevent unnecessary disclosure or dissemination of such confidential information;
WHEREAS the Court has found that the parties should respect and recognize the privacy interests of each other by the avoidance of any release of the confidential information, documents, or things that are produced in this action;
IT IS HEREBY STIPULATED, AGREED AND ORDERED that the terms and conditions of this Stipulated Protective Order shall govern the production and handling of documents and things, answers to interrogatories, depositions, pleadings, exhibits and other information exchanged by the parties, in this action:
1. This Stipulated Protective Order ("Order") shall apply to and govern all depositions, documents, electronically stored information, items or things disclosed or produced in response to a party's informal request, requests for production of documents, answers to interrogatories, responses to requests for admissions and all other discovery taken under the Federal Rules of Civil Procedure, and other information which the disclosing party designates as "CONFIDENTIAL, " furnished, directly or indirectly, by or on behalf of any party or any non-party in connection with the abovecaptioned litigation.
2. When used in this Order, the phrase "disclosing party" shall refer to the parties to the above-captioned litigation or to non-parties who give testimony or produce documents or other material.
3. When used in this Order, the word "document" encompasses, but is not limited to, any type of document or testimony, including all documents or things described in Federal Rule of Evidence 1001(a)-(e) and/or Rule 34(a)(1)(A) or (B).
4. The disclosing party who designates any material "CONFIDENTIAL" bears the burden of establishing the "CONFIDENTIAL" status of such material in any situation in which the designation is at issue, and nothing in this Order shall be construed to alter such burden. The parties enter into and stipulate to this Order without prejudice to the rights of any party to assert or contest the "CONFIDENTIAL" status of any material as set forth below.
5. A disclosing party may designate as "CONFIDENTIAL" any trade secret or other confidential research, development, or commercial information, as such terms are used in Rule 26(c)(1)(G) and any applicable case law interpreting Rule 26(c)(1)(G). In addition, a disclosing party may designate as "CONFIDENTIAL" any documents, testimony or information that contains confidential, proprietary, commercial, technical, scientific, business, financial and/or any other information they deem confidential, which is not generally known and which 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.
6. In designating material as "CONFIDENTIAL, " a disclosing party shall make such a designation only as to material which it in good faith believes is confidential.
7. Any party or non-party receiving any non-public material from a disclosing party, regardless of whether such material is designated as "CONFIDENTIAL, " shall use that material solely for the purpose of conducting this litigation, pending in the United States District Court for the District of Nebraska, captioned Copperhead Pipeline and Construction, Inc. v. Northern Natural Gas Company, Case No. 14-cv-00158 and not for any other purpose whatsoever.
8. No "CONFIDENTIAL" material nor any portion or summary thereof, shall be given, shown, disclosed or communicated by the non-producing parties in ...