United States District Court, District of Nebraska
DEPOSITORS INSURANCE COMPANY, Defendant Thomas M. Locher, NE Bar #15797 Joseph J. Kehm, NE Bar #22433 LOCHER PAVELKA DOSTAL BRADDY & HAMMES, L.L.C.
NELLE JAMISON and JOHN PAUL JAMISON, Plaintiffs Adam Prochaska, #22307 O'NEILL HEINRICH DAMKROGER BERGMEYER & SHULTZ, PC LLO
STIPULATED PROTECTIVE ORDER
Hon. Cheryl R. Zwart U.S. Magistrate Judge
The parties having agreed that a Protective Order pursuant to Federal Rule of Civil Procedure 26(c) is both necessary and appropriate, and the Court having approved of such an agreement, IT IS HEREBY ORDERED THAT:
1. This Stipulated Protective Order (“Protective Order”) shall govern the use and treatment of information, documents, testimony or other tangible things produced in this action by the Defendant, Depositors Insurance Company (“Depositors”):
2. “Confidential Information, ” as used herein, means any information, in whatever form produced in connection with formal or informal discovery in this litigation that Depositors in good faith believes contains, reflects or concerns its trade secrets, confidential business or commercial information, or other sensitive or proprietary information which, if disclosed to third parties, would likely cause Depositors injury, prejudice, harm, damage or disadvantage. Confidential Information includes, but is not limited to, proprietary business information, business plans, pricing, information relating to personnel matters, and financial and other sensitive information that is not publicly available (or not publicly available in the form maintained by the party). Confidential Information may not be used or disseminated except as provided in this Protective Order. Confidential Information includes all documents or information derived from Confidential Information, including excerpts, copies or summaries of Confidential Information.
3. Depositors may designate any information, document, testimony or other tangible thing that it furnishes in connection with this litigation as Confidential Information, and therefore subject to the provisions of this Protective Order, in any reasonable manner. Documents may be designated Confidential Information by affixing the legend “Confidential” to each item or document page. Deposition testimony and/or exhibits may be designated Confidential Information either by: (a) stating on the record of the deposition that such deposition, or portion thereof; or exhibit is confidential; or (b) stating in writing served upon counsel of record up to twenty (20) days after receipt of the deposition transcript that such deposition, or portion thereof, or exhibit is confidential.
4. Materials designated as Confidential may only be copied, disclosed, discussed, or inspected, in whole or in part, only for the purposes of this litigation and only by the following persons:
(a) the parties in this lawsuit, or their employees involved in the management of this litigation;
(b) counsel of record who represent the parties in this litigation, in-house counsel and the personnel who are directly employed or contracted by those attorneys' firms and who are assisting the attorneys working on this action;
(c) any person who is expected to testify as a witness either at a deposition or court proceeding in this action for the purpose of assisting in his/her preparation therefore, and any other person to whom the dissemination of the document is deemed necessary by any party in preparation for trial;
(d) independent expert witnesses or consultants, including trial or jury consultants, retained by the parties in this lawsuit (i.e., not employed by or similarly affiliated with a party or an affiliated company of a party);
(e) the Court and its officers, including stenographic reporters engaged in such proceedings as are necessarily incidental to the ...