United States District Court, D. Nebraska
Stephen D. Marso, WHITFIELD & EDDY, P.L.C., Des Moines, IA, RANDY DODDS d/b/a BUSINESS ANALYSIS, LTD., Plaintiff.
Steven D. Davidson, BAIRD HOLM LLP, Omaha, NE, CONTINENTAL GENERAL INSURANCE COMPANY, GREAT AMERICAN FINANCIAL RESOURCES, INC., GREAT AMERICAN LIFE INSURANCE COMPANY, and AMERICAN FINANCIAL GROUP, INC. Defendants,
CHERYL R. ZWART, Magistrate Judge.
1. APPLICATION. This Protective order limits the use or disclosure of documents, deposition testimony, or other discovery designated as "Confidential" and it applies to: (a) documents, deposition testimony and electronic data designated to be subject to this Protective Order as set forth below; (b) information, copies, extracts, and complete or partial summaries of documents, deposition testimony and electronic data so designated; (c) answers to interrogatories, responses to requests for admissions, responses to requests for production, and initial disclosures (and exhibits to any of these materials) which are designated by any party as "Confidential" under this order; and (d) portions of briefs, affidavits, memoranda, or any other writing filed with the Court (and exhibits thereto) which include any materials or information identified in (a), (b), or (c) of this paragraph.
2. CONFIDENTIAL DOCUMENTS. A party producing documents or electronic data in discovery may stamp as "Confidential" or so designate by written notice with reference to the applicable Bates numbers, any document, disc or other media which it believes contains confidential or proprietary personal or business information and/or trade secrets. A party which has produced documents prior to the entry of this Order may, within ten days of the entry of this Order, inform the party to whom documents were produced that certain documents (identified by Bates numbers) already produced are designated as "Confidential." Further dissemination and disclosure of documents designated as "Confidential" and the information in documents so designated shall be limited as set forth in this Protective Order.
3. DEPOSITION TRANSCRIPTS. Any party may designate as "Confidential" any portion of deposition testimony which it believes contains confidential or proprietary business information and/or trade secrets. The party shall so designate the portions of the deposition transcript either at the time of the deposition or within thirty (30) days following that party's counsel's receipt of the transcript of the deposition from the reporter. Each reporter participating in any such deposition shall be informed about and provided with a copy of this Protective order and shall agree to be bound by its terms. Each such reporter shall designate the portions of deposition transcripts designated as "Confidential" with the legend "Confidential-Designated by Counsel."
4. EFFECT OF CONFIDENTIAL DESIGNATION. Documents or electronic data designated "Confidential" and deposition testimony so designated will be retained by counsel and will not be used by counsel or by any party for any purpose other than this litigation, and will not be disclosed except pursuant to court order entered after notice, to anyone except:
a. Counsel who have signed this Order approving it as to form and content, attorneys who are affiliated with the law firms of counsel who have signed this Order, retained outside counsel, in-house counsel, law clerks, secretaries or paralegals directly involved in the conduct of this litigation;
b. Individual parties and officers, directors, employees and agents of corporate parties;
c. Experts and consultants retained by either of the parties for purposes of assisting in the preparation or presentation of claims or defenses;
d. Any deposition or trial witness, during the course of deposition or trial testimony, when necessary to the testimony of such witness;
e. Any person who was involved in the preparation of the document;
f. The parties' insurers, reinsurers, ceding companies, and ...