United States District Court, District of Nebraska
KRISTEN STIFFLER, Terry A. White Carlson & Burnett, LLP
FIDELITY NATIONAL MANAGEMENT SERVICES, LLC, Defendant Gillian G. O’Hara #22414 Kasey M. Cappellano #23619 Kutak Rock LLP
STIPULATION FOR PROTECTIVE ORDER AND PROTECTIVE ORDER
Thomas D. Thalken, United States Magistrate Judge
Plaintiff Kristen Stiffler (“Stiffler”) and Defendant Fidelity National Management Services, LLC (“Fidelity”) (Stiffler and Fidelity are hereafter collectively referred to as the “Parties”), by and through their respective undersigned counsel, hereby stipulate and agree to the request for, and entry of, the following Protective Order:
1. In this action, the Parties are seeking Confidential Information (as defined in Paragraph 2 below). The Parties also anticipate seeking additional Confidential Information during discovery and that there will be questioning concerning Confidential Information in the course of depositions. The Parties assert that the need for this Protective Order also applies to any information or materials produced by a non-party as a result of discovery subpoenas or other requests. The Parties have entered into this Stipulation and request the Court enter the Protective Order for the purpose of preventing the disclosure and use of Confidential Information by any Party or non-party except as set forth herein. The terms of this Protective Order shall apply to any information or materials produced by any Party or non-party as part of discovery in this action. Each and every attorney with the law firms representing the Parties in this case shall be deemed to be subject to this Protective Order and shall be deemed to have actual knowledge of the restrictions herein.
2. Definition of “Confidential Information.” Under the terms of this Protective Order, “Confidential Information” means any document, file, portions of files, transcribed testimony, or responses to discovery requests, including any extract, abstract, chart, summary, note, or copy made therefrom – not made available to the public – and designated by one of the Parties or a non-party (in the manner provided in Paragraph 3 below) as containing or comprising confidential or sensitive information or other trade secrets or proprietary business information. In connection with this Stipulation and Protective Order, Confidential Information shall constitute one of two categories of information or materials, as follows:
a. “Confidential Material” shall be documents, information or materials the release of which would harm one of the Parties, including but not limited to, medical information related to Stiffler, non-public financial or business records, personnel records of non-parties, internal personnel policies and procedures of Fidelity and any affiliate entity, and other information which is private in nature and may have the effect, if not deemed to be confidential, of embarrassing, humiliating or otherwise invading the privacy of a Party, and could potentially cause significant public and private harm, humiliation and exposure to the Parties. Such information or materials may only be so designated if they are not otherwise publicly available.
b. “Confidential – Attorneys’ Eyes Only” shall be information or materials which relates to highly sensitive financial, personnel and proprietary information for which any unprotected disclosure would harm the commercial or business interests of the designating Party. Such information or materials may only be so designated if they are not otherwise publicly available.
3. Designation of “Confidential Information.” Where any kind of Confidential Information is produced, provided or otherwise disclosed by a Party or a non-party in response to any discovery request or subpoena, including by means of entry onto land or premises or by inspection of books, records, documents, or tangible things, such Confidential Information will be designated in the following manner:
a. By imprinting the words “Confidential” or “Confidential – Attorneys’ Eyes Only, ” as appropriate, on at least the first page or cover of any document produced;
b. By imprinting the words “Confidential” or “Confidential – Attorneys’ Eyes Only, ” as appropriate, next to or above any response to a discovery request; and
c. With respect to transcribed testimony, either during the deposition on the record, or by giving written notice to opposing counsel sufficient to designate such portions as “Confidential” or “Confidential – Attorneys’ Eyes Only, ” as appropriate, no later than twenty (20) calendar days after receipt of the transcribed testimony.
During a deposition, the deponent or his counsel, or any other counsel of record present at the deposition, may give notice on the record that testimony about to be given is deemed “Confidential” or “Confidential – Attorneys’ Eyes Only, ” as appropriate. If during the course of a deposition, a document or other material that has previously been designated “Confidential” or “Confidential – Attorneys’ Eyes Only” is used, then that particular portion of the deposition shall be deemed to be subject to the same level of protection accorded to the designated document without further need of any written designation of the deposition transcript by the designating party.
4. Restrictions on Confidential Information. All Confidential Information provided by a Party or a non-party in response to a discovery request or as transcribed testimony shall be subject to the following restrictions:
a. “Confidential Material”:
i. “Confidential Material” shall be used only for the purpose of this litigation and not for any business or other purpose whatsoever.
ii. “Confidential Material” shall not be communicated or disclosed by any Party’s counsel or a Party in any manner, either directly or indirectly, to ...