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Sharp v. Cherry-Todd Electric Coop, Inc.

United States District Court, D. Nebraska

February 4, 2015

WILLIAM M.W. SHARP, d/b/a ADAMS BROS. & CO., Plaintiff,
v.
CHERRY-TODD ELECTRIC COOP, INC., Defendant.

WILLIAM M.W. SHARP, d/b/a ADAMS BROS. & CO., Plaintiff, William G. Dittrick, Jennifer D. Tricker, Kenneth W. Hartman, of BAIRD HOLM LLP, Omaha, NE., CHERRY-TODD ELECTRIC COOP, INC., Defendant.

Steven E. Guenzel, of JOHNSON, FLODMAN, GUENZEL & WIDGER Lincoln, NE,

STIPULATED PROTECTIVE ORDER

THOMAS D. THALKEN, Magistrate Judge.

The parties to this action anticipate that they will seek information that may be designated as containing confidential, proprietary, business, commercial, technical, scientific, financial, personnel, and/or trade secrets information that is not generally known and that 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. To protect the confidentiality of confidential information sought to be discovered in this action, Plaintiff and Defendant, through their undersigned counsel, jointly request that the Court enter this Stipulated Protective Order. Accordingly, IT IS ORDERED that the Stipulated Protective Order ("Protective Order") is granted and entered as follows:

1. This Stipulated Protective Order shall govern the use, handling, and disclosure of all documents, testimony or information produced or given in this action which are designated to be subject to this Stipulated Protective Order in accordance with the terms hereof.

2. Any party or non-party producing, serving, or filing documents or other materials in this action ("Producing Party") may designate any discovery materials as "Confidential" under the terms of this Stipulated Protective Order if the Producing Party believes in good faith that such Discovery Materials contain non-public, confidential, proprietary, or commercially or personally sensitive information that requires the protections provided in this Stipulated Protective Order. The designation by any Producing Party of Discovery Material as "Confidential" shall be made only after review by an attorney for the Producing Party based on a good faith belief that there is a valid basis for such designation.

3. This Stipulated Protective Order applies to any materials produced in this action that the Producing Party designates as "Confidential" or "Confidential - Attorneys' Eyes Only" by so stamping, labeling, marking or writing, or by any other physical indication whatsoever. All such items marked "Confidential" or "Confidential - Attorneys' Eyes Only" shall be treated as such for purposes of this Stipulated Protective Order. The Producing Party may also designate documents as "Confidential" or "Confidential - Attorneys' Eyes Only" by written notice to opposing counsel which identifies the documents so designated by Bates number or other reasonable identifying characteristic, and such designation may be made after production in the event a party inadvertently failed to so mark such document(s) as "Confidential" or "Confidential - Attorneys' Eyes Only."

4. If a Producing Party believes in good faith that there is a substantial risk of identifiable harm if particular documents or other materials it designates as "Confidential" are disclosed to other Parties or non-parties to this action, the Producing Party may designate those particular documents or other materials as "Confidential - Attorneys' Eyes Only." The designation as "Confidential - Attorneys' Eyes Only" shall be made only after review by an attorney for the Producing Party based on a good faith belief that there is a valid basis for such designation.

5. To the extent any motions, briefs, pleadings, deposition transcripts, or other papers to be filed with the Court incorporate documents or other materials subject to this Stipulated Protective Order, the party filing such papers shall designate such materials, or portions thereof, as "Confidential" or "Confidential - Attorneys' Eyes Only" and shall file them with the clerk under seal; provided, however, that a copy of such filing having the confidential information deleted therefrom may be made part of the public record.

6. All documents, transcripts, or other materials subject to this Stipulated Protective Order, and all information derived therefrom (including, but not limited to, all testimony, deposition, or otherwise, that refers, reflects or otherwise discusses any information designated "Confidential" or "Confidential - Attorneys' Eyes Only" hereunder) shall not be used, directly or indirectly, by any person for any business, commercial or competitive purposes or for any purpose whatsoever other than solely for the preparation and trial of this action in accordance with the provisions of this Stipulated Protective Order.

7. Except with the prior written consent of the individual or entity designating a document or portions of a document or any other information as "Confidential, " or pursuant to prior Order after notice, any document, transcript or pleading given "Confidential" treatment under this Stipulated Protective Order, and any information contained in, or derived from any such materials (including but not limited to, all deposition testimony that refers, reflects or otherwise discusses any information designated confidential hereunder) may not be disclosed other than in accordance with this Stipulated Protective Order and may not be disclosed to any person other than: (a) the Court and its officers; (b) parties to this litigation; (c) counsel for the parties, whether retained counsel or in-house counsel and employees of counsel assigned to assist such counsel in the preparation of this litigation; (d) fact witnesses subject to a proffer to the Court or a stipulation of the parties that such witnesses need to know such information; (e) present or former employees of the producing party in connection with their depositions in this action (provided that no former employees shall be shown documents prepared after the date of his or her departure); and (f) experts specifically retained as consultants or expert witnesses in connection with this litigation.

8. Except with the prior written consent of the individual or entity designating a document or portions of a document or any other information as "Confidential - Attorneys' Eyes Only, " or pursuant to prior Order after notice, any document, transcript or pleading given "Confidential - Attorneys' Eyes Only" treatment under this Stipulated Protective Order, and any information contained in, or derived from, any such materials (including but not limited to, all deposition testimony that refers, reflects or otherwise discusses any information designated "Confidential - Attorneys' Eyes Only" hereunder) may not be disclosed other than in accordance with this Stipulated Protective Order and may not be disclosed to any person other than: (a) the Receiving Party's Outside Counsel of record in this action, as well as employees of said Counsel to whom it is reasonably necessary to disclose the information for this litigation; (b) experts specifically retained as consultants or expert witnesses in connection with this litigation who have signed the Declaration of Compliance, attached hereto as Exhibit A; (c) the Court and its personnel; (d) court reporters and their staffs; (e) the author of the document or the original source of the information; and (f) professional vendors to whom disclosure is reasonably necessary for this litigation.

9. All persons, excluding those identified in Paragraphs 7(a)-7(c), B(a) and B(c)-(e), receiving any or all documents or any other information produced pursuant to this Stipulated Protective Order shall be advised of their confidential nature and must sign the Declaration of Compliance, attached hereto as Exhibit A, before receiving any such documents or information. All persons to whom confidential information and/or documents are disclosed are hereby enjoined from disclosing same to any person except as provided herein, and are further enjoined from using same except in the preparation for and trial of the above-captioned action between the named parties thereto. No person receiving or reviewing such confidential documents, information or transcripts shall disseminate or disclose them to any person other than those described above in Paragraphs 7 and 8 and for the purposes specified, and in no event shall such person make any other use of such documents, information, or transcripts.

10. A copy of this Stipulated Protective Order shall be served with a subpoena or Notice of Deposition on any third party. A third party may designate a document as "Confidential" or "Confidential - Attorneys' Eyes Only" pursuant to this Stipulated Protective Order. Either party may also designate documents produced by a third party as being "Confidential" or "Confidential - Attorneys' Eyes Only" pursuant to the terms of this Stipulated Protective Order within thirty (30) days of being made aware of the content of such documents. Any document produced by a third party shall be treated as "CONFIDENTIAL" pursuant to the terms of this Order for such thirty (30) day period and thereafter if designated as "Confidential" or "Confidential - Attorneys' Eyes Only" by either party or by the third party who produced it. The "Confidential" or "Confidential - Attorneys' Eyes Only" restrictions of this Stipulated Protective ...


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