United States District Court, D. Nebraska
TIMOTHY A. GILKERSON, Plaintiff,
NEBRASKA COLOCATION CENTERS, L.L.C., Defendant.
Angela Forss Schmit, C.G. (Dooley) Jolly, Angela Forss Schmit, ADAMS & SULLIVAN, PC, LLO, Papillion, Nebraska Attorneys for TIMOTHY A. GILKERSON Plaintiff.
Sarah J. Millsap, Christopher E. Hoyme, Sarah J. Millsap, Jackson Lewis, P.C., Omaha, NE, Attorneys for NEBRASKA COLOCATION CENTERS, L.L.C., Defendant.
STIPULATED PROTECTIVE ORDER
CHERYL R. ZWART, Magistrate Judge.
THIS MATTER comes before the Court on the stipulation of the parties for a Protective Order pursuant to Federal Rules of Civil Procedure 26(c). The Court, being fully advised in the premises, finds that a Protective Order should be entered and that the parties' discovery activities should be governed as follows:
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the following provisions shall apply to all discovery conducted in this action, regardless of date:
1. This Protective Order governs the handling of designated material produced or obtained by the parties, as well as documents and information provided by nonparties. Such material includes documents, interrogatory answers, responses to requests for production, responses to requests for admission, deposition testimony, and other written, recorded, or graphic matter designated as Confidential Information. For purposes of this Protective Order, the parties may claim confidentiality treatment and designate as "Confidential Information" any and all documents, materials and information entitled to protection, including specifically, but not limited to, the following:
a. Any and all medical and/or mental health records, documents, materials or information with respect to Plaintiff;
b. Any and all employment records, financial records and tax records, documents, materials or information with respect to Plaintiff;
c. Any and all information, material and/or recordings obtained from Plaintiff's cell phone, including but not limited to recordings and any other material inadvertently obtained therefrom;
d. Defendant's business records, documents evidencing Defendant's trade secrets and personnel records related to Defendant's employees; and
e. Documents, materials or information that are subject to any other protective order or agreement, confidentiality order or agreement, or any other order, ruling, or agreement preventing or limiting the disclosure of those documents, materials, or information.
2. In addition, this Protective Order governs the terms, including time and place, for the production of Plaintiff's cell phone and disclosure of any material retrieved therefrom. For purposes of this Protective Order, the parties agree that counsel of record for Plaintiff shall make available Plaintiff's cell phone for the limited purpose of inspection and reproduction of any and all recordings contained therein between Plaintiff and any employees of Defendant. Such inspection and reproduction shall occur at the law offices of counsel of record for Plaintiff, upon reasonable advance written notice by counsel of record for Defendant. In the alternative, the parties agree that counsel of record for Plaintiff shall produce Plaintiff's cell phone to a mutually agreed upon third party for the limited purpose of retrieving the abovementioned recordings. Any reproduction of the abovementioned recordings produced by a third party shall be at Defendant's expense. In addition, counsel of record for Defendant shall provide a duplicate copy of all reproductions produced therein to counsel of record for Plaintiff.
3. The party claiming confidentiality treatment of any Confidential Information produced is referred to herein as the "Designating Party."
4. Confidential Information shall include all materials described in Paragraph 1, without the necessity of stamping or ...