United States District Court, D. Nebraska
Burke J. Harr, D.C. Bradford III, Bradford & Coenen LLC, Omaha, NE, Attorneys for Plaintiff,
Joshua C. Dickinson, Shilee T. Mullin, Spencer Fane Britt & Browne LLP, Omaha, NE, JERRY ERWIN ASSOCIATES, INC. d/b/a JEA Senior Living and OMAHA CARE GROUP, LLC d/b/a Prairie Meadows Alzheimer Special Care Center, Defendants.
Brenda K. Baumgart, Admitted Pro Hac Vice, Melissa J. Healy, Admitted Pro Hac Vice, Stoel Rives LLP, Portland, OR, Attorneys for Defendants.
STIPULATED PROTECTIVE ORDER
THOMAS D. THALKEN, Magistrate Judge.
The parties anticipate that discovery in this case is likely to encompass compensation, personal and/or medical information of employees other than Plaintiff. Discovery may also involve matters that relate to confidential business practices of Defendants, residents of Prairie Meadows, or confidential employment records of Plaintiff. Therefore, to expedite the flow of discovery material, facilitate the prompt resolution of disputes over claims of confidentiality, provide adequate protection for material deemed confidential, and ensure that protection is afforded only to such deemed material, on the agreed motion of the parties and for good cause shown,
IT IS HEREBY ORDERED THAT:
1. Confidential Information. The parties have agreed that certain documents and information, if produced or disclosed during this litigation, should be treated as confidential. As used in this Order, the term "Confidential Information" means any document, deposition transcript (or portion thereof), or interrogatory response that contains or refers to any personnel or payroll information regarding Defendants' current or former employees, including, but not limited to, identifying information (e.g., dates of birth, Social Security numbers, driver's license numbers), documents related to performance, terms and/or conditions, compensation, benefits, or any other aspect of any individual's employment with Defendants; confidential proprietary or commercial information relating to Defendants' business, residents or customers; confidential financial information of Defendants; and any personal or financial information regarding Plaintiff.
2. Designating documents and information as confidential. Any party to this action may designate as "Confidential Information" documents, responses to interrogatories, requests for admissions, or requests for production of documents produced after entry of this Order by stamping or labeling the document or response with the word "Confidential." Such designation may be marked individually on each document or by document grouping. Documents or responses shall not be treated as confidential pursuant to this Order unless they are stamped or labeled as "Confidential." The inadvertent failure to designate material as "Confidential" does not preclude a party from subsequently making such a designation, and, in that case, the material is treated as confidential only after being properly designated. Unless otherwise ordered by the Court or stipulated by the parties, only documents, responses to interrogatories, requests for admissions, requests for production of documents, or testimony relating to the subjects enumerated in paragraph 1 may be designated as Confidential Information.
3. Designating deposition testimony as confidential. Any party may designate deposition testimony relating to the subjects enumerated in paragraph 1 above as "Confidential Information" by advising counsel of record by letter within thirty (30) days after receipt of a copy of the transcript, or such other time period as may be mutually agreed upon by the parties. All deposition testimony shall be deemed confidential for a period of thirty (30) days after counsel's receipt of a copy of the transcript, or such other time period as may be mutually agreed upon by the parties. Alternatively, any party may, on the record at the deposition, designate deposition testimony as Confidential by advising all persons present at the deposition that the information is confidential and subject to this Order. If no party or deponent timely designates Confidential Information in a deposition, then none of the transcript or its exhibits (other than those previously designated) will be treated as confidential. There shall be no need to redesignate documents or exhibits which have been previously designated as confidential.
4. Limited Disclosure of Confidential Information. Any documents, designated portions of deposition testimony, responses to interrogatories, requests for admissions, or requests for production of documents which are marked as Confidential are to be treated as such by the party receiving the discovery and shall be utilized by such party only for the prosecution or defense of this case. Except upon further Order of this Court or by express written consent of counsel for the parties, Confidential Information furnished in this action by any of the parties shall not be disclosed to any person other than:
a. Counsel for the parties in this action who are actively engaged in the conduct of this litigation; and the partners, associates, secretaries, legal assistants, employees and agents of such counsel, to the extent reasonably necessary to render professional services to the litigation;
b. The parties;
c. Persons with prior knowledge of the documents or the Confidential Information contained therein;
d. Court personnel, including court reporters, persons operating video recording equipment at depositions, and any special master ...