United States District Court, D. Nebraska
James A. Cada, Edward F. Hoffman, Linda M. Jewson, Cada Cada Hoffman & Jewson, Lincoln, NE, Counsel for Plaintiff Paul Suelter.
Daniel P. Chesire, Lamson, Dugan & Murray, Lamson, Dugan & Murray Building, Omaha, NE, Counsel for Defendant MTD Products Inc.
AGREED PROTECTIVE ORDER CONCERNING USE AND HANDLING OF CONFIDENTIAL INFORMATION AND MATERIAL
CHERYL R. ZWART, Magistrate Judge.
The parties to this action, by their respective attorneys, hereby stipulate to the entry by the Court of the following Protective Order:
It appearing that during the pre-trial discovery in this case there will be disclosure to counsel of certain documents, information, materials, and testimony considered by defendant to contain confidential, proprietary, and/or trade secret information. In order to allow discovery to proceed in an expeditious and productive manner and protect the confidentiality of such information, IT IS HEREBY ORDERED THAT:
1. This Protective Order governs the use, disclosure, and designation as confidential of documents, information, and testimony produced by plaintiff or defendant in this action (in discovery or at trial) including, but not limited to, any and all photographs, videotapes, documents, and/or materials, testimony, deposition testimony, deposition exhibits, discovery responses, including and/or related to, engineering part print drawings, testing, product cost, production information, internal policies/investigation procedures, field reports, product analysis and development information, design/fabrication, and other claims involving products similar to the product at issue in this case. Any such materials that constitute a trade secret or other confidential research, development, or commercial information within the meaning of Rule 26(c)(1)(G), or otherwise considered confidential by defendant, may be designated "Confidential." Such designation shall be made as provided in paragraph 2 hereof. Documents or information so designated as "Confidential" and all copies, extracts, transcripts, compilations, and summaries thereof and information therein, without limitation, (hereinafter collectively referred to as "Confidential Information" and/or "Confidential Material") shall be used and disclosed only as permitted by paragraphs 2 through 18 hereof.
2. Either party may designate the materials which the party considers to be appropriate for designation as Confidential Information at the time such materials or portions are produced or disclosed, or as soon thereafter as the person or entity seeking protection becomes aware of the nature of the materials or portions disclosed and sought to be protected hereunder, by the following procedure:
In the instance of materials produced for inspection pursuant to request or subpoena that are to be designated as Confidential Information, the party producing the materials sought to be protected shall notify the inspecting party that some of the information to be produced is to be deemed "Confidential." All materials produced for inspection at a production for which such notice has been given shall be inspected only by persons qualified to have access to Confidential Information.
3. In the instance of documents or materials produced by any party that are to be designated as "confidential, " the party producing the materials sought to be protected shall, at the time of such production, notify the other parties if any of the information contained in the documents or materials is designated as "confidential." All "confidential" documents or materials produced for which such notice has been given shall be inspected only by persons qualified to have access to Confidential Information.
4. Confidential Information may be given, shown, disclosed, made available, or communicated only to:
a. The parties;
b. Counsel for the parties who have executed this Order, and the paralegal, administrative, clerical and secretarial personnel assisting such attorneys for whom access to such material is necessary to perform their duties with respect to this case, provided that execution of this Order by any member of a law firm representing a party shall constitute a representation that all persons in or employed by that firm shall observe this Protective Order;
a. Experts, investigators, and consultants qualified for access as provided ...