United States District Court, District of Nebraska
MICHAEL J. TRACY, an individual and Derivatively as a shareholder of Telemetrix Plaintiff,
TELEMETRIX, INC.; WILLIAM W. BECKER; LARRY L. BECKER; GARY BROWN; BECKER CAPITAL MANAGEMENT, LLC; GREEN EAGLE COMMUNICATIONS, INC.; GREEN EAGLE NETWORKS, INC. Defendants.
MICHAEL J. TRACY, By: Stuart J. Dornan, NE Bar # 18553, Thomas J, Monaghan NE Bar # 12874, Ross R. Pesck, NE Bar # 24636, DORNAN, LUSTGARTEN & TROIA PC LLO.
TELEMETRIX, INC., WILLIAM BECKER, AND GARY BROWN, Defendants, By: Daniel K. Calisher, Esq. Brian C. Proffitt, Esq. David S. Canter, Esq. FOSTER GRAHAM MILSTEIN & CALISHER LLP. AND Philip M. Kelly, NSBA #15427, DOUGLAS, KELLY, OSTDIEK & OSSIAN, P.C.
LARRY BECKER, BECKER CAPITAL MANAGEMENT, LLC, GREEN EAGLE COMMUNICATIONS, INC., AND GREEN EAGLE NETWORKS, INC., Defendants, By: Thomas J. Culhane, NE Bar #10859, Matthew B. Reilly NE Bar # 24186, ERICKSON SEDERSTROM, P.C. AND K.C. Groves Esq., IRELAND STAPLETON PRYOR & PASCOE, PC.
Cheryl R. Zwart, United States Magistrate Judge.
STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION
THIS COURT is advised that the parties in this action have sought and may in the future seek discovery of information and documents that the disclosing party deems to constitute, contain or reveal "Confidential Information, " as that term is defined herein. Therefore, in order to facilitate and expedite the discovery of Confidential Information, the parties and their respective counsel have agreed that such discovery will be subject to this Stipulated Protective Order ("Order"), hereby entered pursuant to F.R.C.P. 26(c).
IT IS HEREBY AGREED AND ORDERED:
The following definitions shall apply:
(a) The word "Litigation" means the above-captioned case.
(b) "Discoverable Matter" means all information, documents and other tangible things that are discoverable in the Litigation, in any form or format, including, but not limited to, interrogatory answers; requests to admit and responses thereto; documents and tangible things produced in this Litigation by any party or non-party, whether pursuant to the Federal Rules of Civil Procedure, subpoena or by agreement; deposition testimony, transcripts thereof and exhibits thereto; and any quotation from, description of, or summary of any of the foregoing.
(c) "Confidential Information" means all Discoverable Matter that meets the following criteria:
(i) The Discoverable Matter constitutes, contains, refers to, or reveals (a) any confidential or financial information, or other information relating to any business of any party, in any form or format; (b) information and/or documents that is/are required to be kept confidential due to preexisting obligations, including contractual obligations; c) any of the parties' sensitive business or technical information, trade secrets, confidential research, development, business plans, new business development, proprietary information, internal financial accounting information, or other technical, policy, or commercial information that, if disclosed to a business competitor, would provide a significant advantage to the party's competitors; or d) the personal identifying information (e.g., social security numbers, dates of birth) and personal financial information of the parties and/or their principals, agents or representatives.
(ii) The party designating the Discoverable Matter as "CONFIDENTIAL" (the "Designating Party") believes in good faith that the Discoverable Matter ...