United States District Court, D. Nebraska
U.S. BANK NATIONAL ASSOCIATION, as Trustee, for the registered holders of the J.P. Morgan Chase Commercial Mortgage Securities Trust 2006-CIBC15, Commercial Mortgage Pass-Through Certificates, Series 2006-CIBC15, acting by and through C-III ASSET MANAGEMENT LLC, its special servicer, Plaintiff,
PERKINS DELAWARE, LLC, a Delaware limited liability company, and MICHAEL PERKINS, an individual, Defendants.
JARROD D. REECE, BRYAN S. HATCH, LIKES MEYERSON HATCH LLC ATTORNEYS FOR PLAINTIFF
MARTIN D. PELSTER, SCOTT D. JOCHIM, CROKER, HUCK, KASHER, DEWITT, ANDERSON & GONDERINGER, LLC ATTORNEYS FOR DEFENDANTS
JOINT STIPULATED PROTECTIVE ORDER
CHERYL R. ZWART UNITED STATES MAGISTRATE JUDGE
THIS MATTER came on for consideration pursuant to the agreement of the parties, Plaintiff U.S. Bank National Association, as Trustee, for the registered holders of the J.P. Morgan Chase Commercial Mortgage Securities Trust 2006-CIBC15, Commercial Mortgage Pass-Through Certificates, Series 2006-CIBC15, acting by and through C-III Asset Management LLC, its special servicer, ("Plaintiff") and Defendants Perkins Delaware, LLC and Michael Perkins ("Defendants"), herein as evidenced by the signatures of their respective counsel below, for entry of a protective order to preserve the confidentiality of certain documents and records to be produced to the opposing party or parties or their respective legal counsel.
Being fully advised on the premises and pursuant to Fed.R.Civ.P. 26(c), the Court hereby ORDERS that the following terms and procedures shall govern the handling of confidential, trade secret, and/or proprietary information produced by any party, third party, or witness in this action:
1. “Confidential Information” means any type of information, document or tangible object, including but not limited to electronic files, electronic mail, photographs, voicemails, videotape recordings, plans, drawings and designs, that is designated in good faith as confidential by the supplying party, whether it be a tangible thing, a document, information contained in a document, information revealed during a deposition or during an inspection of the facilities of the parties, or information revealed in an interrogatory answer or other discovery.
2. “Qualified Person” means:
(a) The Court, court personnel, jurors, and the attorneys and their law firms of record in this action and any associated counsel, and stenographic, clerical or paralegal employees of those attorneys and counsel to whom it is necessary that the information be disclosed for purposes of this action. Persons identified in this subparagraph (a) need not physically sign the Confidentiality Agreement, the general form of which is attached hereto as Exhibit A and incorporated by reference herein.
(b) Independent experts or consultants employed by a party or its attorneys of record in this action who agree in writing to be bound by the terms of this Protective Order. The independent expert or consultant must read this Protective Order and complete and sign the Confidentiality Agreement in the general form of Exhibit A, attached. Any such form signed by an expert or consultant shall be kept in the respective counsel’s file until the time for disclosure of such experts and/or consultants, if applicable.
(c) The parties to this litigation.
(d) Any other person who is designated as a Qualified Person by Order of the Court, after notice to all parties, or who, by agreement of the parties, is designated as a Qualified Person. Any person designated under this subparagraph must read this Protective Order and complete and sign the Confidentiality Agreement in the general form of Exhibit A, attached.
3. Documents and things produced by any party or non-party which contain Confidential Information shall be designated as such by marking each page of the document or thing at or before the time of production substantially as follows: CONFIDENTIAL. In the event a non-party produces information, any party may designate the information under the terms of this Protective Order within thirty (30) days of receipt of such information. Only a Qualified Person under Paragraph 2 shall have access to documents or information designated as CONFIDENTIAL.
4. Any information designated as CONFIDENTIAL shall not be disclosed by any party to this action to any persons or entities as except as provided herein or as provided upon further Order of this Court.
5. Any information designated as CONFIDENTIAL shall not be used by the non-designating party for any purpose other ...