United States District Court, D. Nebraska
HEALTHY COMPANION CORP., a Nevada corporation, PALA-TECH LABORATORIES INC., a Nebraska corporation, QUALITY ANIMAL CARE MANUFACTURING, INC., a Nebraska corporation, Plaintiffs,
RAYMOND L. COOPER, Individually, Defendant/Third Party Plaintiff,
DANIEL BOLTON, Individually, Third Party Defendant.
HEALTHY COMPANION CORP., a Nevada corporation, PALA-TECH LABORATORIES INC., a Nebraska corporation, QUALITY ANIMAL CARE MANUFACTURING, INC., a Nebraska corporation, Plaintiffs/Counterclaim-Defendants,
RAYMOND L. COOPER, Individually, Defendant/Counter-Claimant/Third-Party Plaintiff,
Brian J. Koenig, John V. Matson, KOLEY JESSEN P.C., L.L.O., Omaha, NE, Attorneys for Plaintiffs/Counterclaim-Defendants, DANIEL BOLTON, Third-Party Defendant., DANIEL BOLTON, Individually, Third Party Defendant.
Scott D. Jochim, CROKER, HUCK, KASHER, DEWITT, ANDERSON & GONDERINGER, L.L.C., Omaha, NE, Attorneys for Third-Party D.
Robert L. Nefsky, Sheila A. Bentzen, REMBOLT LUDTKE LLP, Lincoln, NE, Omaha, NE, Attorneys for Defendant/Counter-Claimant, Third-Party Plaintiff.
STIPULATED PROTECTIVE ORDER
CHERYL R. ZWART, Magistrate Judge.
WHEREAS, discovery in the above-captioned action may involve the production of documents and information which the parties claim to be confidential and the parties desire to pursue discovery with a minimum of delay and expense.
Pursuant to Federal Rules of Civil Procedure and in the interest of efficiency and judicial economy, particularly in the interest of avoiding significant ancillary litigation of discovery issues relating to confidential commercial and/or proprietary information, the undersigned Plaintiffs, Defendant/Third-Party Plaintiff and Third-Party Defendant do hereby stipulate and agree to this protective order and the procedures set forth herein for designating and protecting confidential commercial and/or proprietary information. The Parties stipulate as follows:
1. This Stipulated Protective Order ("Order") shall apply to and govern all depositions, documents, information 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" or "CONFIDENTIAL-ATTORNEYS' EYES ONLY" (sometimes referred to herein as a "designating party") 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" non-public personal information or other information for which applicable federal or state law requires or allows confidential treatment. A disclosing party may designated information as "CONFIDENTIAL-ATTORNEYS' EYES ONLY" if the designating party reasonably believes that such materials and such information are so confidential that their dissemination should be limited to those persons described in Paragraph 9 below.
6. In designating material as "CONFIDENTIAL" or "CONFIDENTIAL-ATTORNEYS' EYES ONLY, " 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" or "CONFIDENTIAL-ATTORNEYS' EYES ONLY, " 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 Healthy Companion Corp., et. al v. Raymond L. Cooper v. Daniel Bolton, Case No. 14-cv-3176, and not for any other purpose whatsoever. However, the foregoing shall not limit any party who is also an officer, director, or shareholder in any of the named companies from exercising or fulfilling the legal rights, duties, and obligations attendant to those positions.
8. In the absence of written permission from the disclosing party, or an order of the Court, material designated as "CONFIDENTIAL" may be ...