United States District Court, D. Nebraska
THOMAS D. THALKEN, Magistrate Judge.
This matter is before the court on the parties' request for a protective order. All parties to the above-captioned action recognize that information to be produced in this case is alleged to be confidential, proprietary, and/or consisting of trade secrets. The parties therefore agree that all information produced in this case shall be subject to this Protective Order. Accordingly, on the parties' agreed motion,
IT IS ORDERED:
1. All information, in any form, that is identified as Protected Information, as further defined herein, that is provided, produced, or exchanged in the course of this litigation shall be used solely for the purposes of preparation for trial and trial of this case and for no other purpose whatsoever, and shall not be disclosed to any person except in accordance with the terms of this Protective Order (hereinafter the "Order").
2. "Protected Information" as used herein means any confidential, proprietary or trade secret information, in any form or format, including but not limited to discovery responses so designated, that is designated as "Confidential" or "Attorneys' Eyes Only" by any of the supplying or receiving parties. In designating information as "Confidential" or "Attorneys' Eyes Only" a party will make such designation only as to that information which it in good faith believes contains confidential, proprietary, and/or trade secret information. Information or material that is generally available to the public, including but not limited to advertising materials and the like, shall not be designated as Protected Information.
3. The parties agree the designation of information as "Confidential" or "Attorneys' Eyes Only" will not relieve the designating party of the burden of proving, if contested, that such information is in fact confidential, a trade secret, or otherwise entitled to legal protection.
4. Protected Information designated "Confidential" shall be disclosed only to Qualified Persons. Protected Information designated "Attorneys' Eyes Only" shall be disclosed only to (a) the attorneys of record, their associates actively working on the matter, and regular employees of the respective law firms in the ordinary course of assisting in the handling of this specific matter; and (b) in-house counsel for a corporate party.
5. "Qualified Persons" means:
(a) Attorneys of record, their associates and regular employees of the respective law firms of record, to whom it is necessary that the material be shown for purposes of this litigation.
(b) Each party who, prior to any disclosure of any Protected Information to such party.
(c) Employees, officers or directors of a corporate party who are actively engaged in working on or assisting that party's attorneys in the conduct of this litigation.
(d) Experts and consultants retained by any party to assist in the handling of this matter, who, prior to any disclosure of any Protected Information to such person, have signed a document in the form of Exhibit "A" attached hereto.
(e) Any other person designated as a Qualified Person by Order of this Court, after notice and hearing to all parties and who has signed Exhibit "A" attached hereto.
(f) Witnesses (other than employees or agents of receiving party) at, or being prepared for, a hearing or deposition being shown documents authored, created, received by, discussed or related to that witness who, prior to any disclosure of any Protected Information to such person, have signed a document in the form of Exhibit "A" attached hereto.
(g) Privately employed court reporters or ...