United States District Court, District of Nebraska
RANDLE S. JENSEN, Plaintiff,
CHAMPION WINDOWS OF OMAHA, LLC, Defendant.
F.A. Gossett, United States Magistrate Judge
This matter comes before the Court on the Joint Motion for Entry of Protective Order (filing 15). The Court, being fully advised in the premises, finds that a protective order should be entered.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the following provisions shall apply to all discovery conducted in this action, regardless of Dated: 1. This Protective Order governs the handling of designated material produced or obtained by the parties, as well as documents and information provided by non-parties. 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. Defendant Champion Windows of Omaha, LLC and its parent and affiliated corporations (collectively “Defendant’s”) business records, documents evidencing Defendant’s trade secrets and personnel records related to Defendant’s employees, and Defendant’s financial records;
b. Any and all employment record, financial records and tax records, documents, materials or information with respect to Plaintiff; and
c. 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. The party claiming confidentiality treatment of any Confidential Information is referred herein as the “Designating Party.” 3. Confidential Information shall include all materials described in Paragraph 1, without the necessity of stamping or marking the documents “confidential.” 4. The contents and substances of Confidential Information shall only be used or copied for the purposes of conducting the instant litigation and shall not be used or copied for any other purposes or public use thereof. No Confidential Information shall be revealed, except as hereinafter provided, until further Order of the Court. This Protective Order shall not be construed as preventing any person from making use of any information which was lawfully in possession of that person prior to the date of this Protective Order.
5. Confidential Information shall be made available only to “Qualified Persons” and only such Qualified Persons shall be present while discovery related to such Confidential Information is being conduct. No other person shall have access to Confidential Information without approval of the Designating Party or without approval of the Court, nor shall any such other person be informed of such Confidential Information by any person having access to it. “Qualified Persons” as used herein means:
a. To the named parties in this action, including employees of Defendant who are assisting counsel in this case, provided that such employees are made aware of this Protective Order and agree in writing to abide by same;
b. To counsel of record for the parties and their co-counsel, partners, associates, and employees who actually are assisting in the litigation;
c. To persons required by counsel of record to assist in conducting this litigation, including witnesses, experts and consultants retained or employed to consult with, advise, or assist counsel of record in the preparation or trial of this action, but only if, before disclosure, such person is made aware of this Protective Order and agrees in writing to abide by same.
d. To the Court and officers of the Court in accordance with the provisions of paragraph 9;
e. To persons shown on the face of the document to have authored or ...