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Sanchez v. Hankook Tire Co., Ltd.

United States District Court, D. Nebraska

September 8, 2015

JULIO SANCHEZ, as Personal Representative of the ESTATE OF DANIELA TESTA, Deceased, and as Next Friend of INEZ MARIA SANCHEZ, a minor, JULIO SANCHEZ, JR., a minor and INDELA GUTIERREZ PRADINES, Plaintiffs,
v.
HANKOOK TIRE CO., LTD., Defendant.

STIPULATED PROTECTIVE ORDER

F.A. GOSSETT, Magistrate Judge.

The parties to this Stipulated Protective Order have agreed to the terms of this Order. Accordingly,

IT IS ORDERED:

1. Scope. All disclosures, affidavits, and declarations and exhibits thereto, deposition testimony and exhibits, discovery responses, documents, electronically stored information, tangible objects, information, and other things produced, provided, or disclosed in the course of this action, which may be subject to restrictions on disclosure under this Order, and information derived directly therefrom (hereinafter referred to collectively as "documents"), shall be subject to this Order as set forth below. As there is a presumption in favor of open and public judicial proceedings in the state courts, this Order shall be strictly construed in favor of public disclosure and open proceedings wherever possible. The Order is also subject to the Federal Rules of Civil Procedure on matters of procedure and calculation of time periods.

Nothing in this Protective Order shall be deemed to preclude a party's rights to: a) oppose discovery on grounds not addressed under the terms of this Protective Order, or b) object on any ground to the admission of any Confidential Information into evidence at trial. Further, nothing contained in this Protective Order shall prejudice the right of any party to contest the alleged relevancy, admissibility, or discoverability of the Confidential Information sought.

2. Form and Timing of Designation. A party may designate documents as confidential and restricted in disclosure under this Order by placing or affixing the words "CONFIDENTIAL" on the document in a manner that will not interfere with the legibility of the document and that will permit complete removal of the designation. Documents shall be designated prior to or at the time of the production or disclosure of the documents. When a tangible object is produced for inspection, subject to protection under this Order, a photograph thereof shall be produced at the time of inspection labeled with the designation CONFIDENTIAL. Thereafter, any information learned or obtained as a result of the inspection shall be subject to protection under this Order in accordance with the applicable designation. When electronically stored information is produced, which cannot itself be marked with the designation CONFIDENTIAL, the physical media on which such electronically stored information is produced shall be marked with the applicable designation. The party receiving such electronically stored information shall then be responsible for labeling any copies that it creates thereof, whether electronic or paper, with the applicable designation. By written stipulation, the parties may agree temporarily to designate original documents that are produced for inspection CONFIDENTIAL even though the original documents being produced have not themselves been so labeled. All information learned in the course of such an inspection shall be protected in accordance with the stipulated designation. The copies of documents that are selected for copying during such an inspection shall be marked CONFIDENTIAL as required under this Order and, thereafter, the copies shall be subject to protection under this Order in accordance with their designation. The designation of documents for protection under this Order does not mean that the document has any status or protection by statute or otherwise, except to the extent and for the purposes of this Order.

3. Documents Which May be Designated CONFIDENTIAL. Any party may designate documents as CONFIDENTIAL upon making a good faith determination that the documents contain information protected from disclosure by statute or that should be protected from disclosure as confidential business or personal information, medical or psychiatric information or records, education records, employment records, tax returns, social security earnings history, trade secrets, personnel records, or such other sensitive commercial information that is not publicly available. Public records and documents that are publicly available may not be designated for protection under this Order.

4. Inadvertent Failure to Designate. Inadvertent failure to designate any Document or material as containing Confidential Information will not constitute a waiver of an otherwise valid claim of confidentiality pursuant to this Order, so long as a claim of confidentiality is asserted within fifteen (15) days after discovery of the inadvertent failure.

5. Depositions. Deposition testimony shall be deemed CONFIDENTIAL only if designated as such. Such designation shall be specific as to the portions of the transcript or any exhibit designated for protection under this Order. Thereafter, the deposition testimony and exhibits so designated shall be protected, pending objection, under the terms of this Order. By stipulation read into the record, the parties may agree temporarily to designate an entire deposition and the exhibits used therein for protection under this Order, pending receipt and review of the transcript. In such a circumstance, the parties shall review the transcript within thirty (30) days of the receipt thereof and specifically designate the testimony and exhibits that will be protected under this Order. Thereafter, only the specifically designated testimony and exhibits shall be protected under the terms of this Order.

6. Protection of Confidential Material.

(a) Protection of Documents Designated CONFIDENTIAL. Documents designated CONFIDENTIAL under this Order shall not be used for any purpose whatsoever other than the prosecution or defense of this action, and of any appeal thereof. The parties and counsel for the parties shall not disclose or permit the disclosure of any documents designated CONFIDENTIAL to any third person or entity, except as set forth in subparagraphs (1)-(11) ("Authorized Persons"). Subject to these requirements, the following categories of persons may be allowed to review documents that have been designated CONFIDENTIAL:

(1) Plaintiffs. The Plaintiffs that are parties to this case and have substantially similar claims pending against another Hankook entity in District Court of Douglas County, Nebraska, Case No. CI 13-6327.
(2) Outside Counsel of Record. Outside counsel of record for the parties and employees and agents of counsel who have responsibility for the preparation and trial of the action.
(3) Parties. The parties and employees of a party to this Order, but only after such persons who are associated with the receiving party shall have completed the certification contained in "Attachment A", Acknowledgment and Agreement to be Bound;
(4) The Court. The court and court personnel, including any special master appointed by the court, and members of the jury;
(5) Court Reporters and Recorders. Court reporters, recorders, and videographers engaged for depositions;
(6) Persons Creating or Receiving Documents. Any person who authored or recorded the designated document, any person who has previously seen or was aware of the designated document, or a person who is presented with the document during deposition or trial for testimony purposes only and who does not retain a copy of the document.
(7) Consultants, Investigators, and Experts. Consultants, investigators, or any experts retained specifically in connection with this litigation by the parties or counsel for the parties to assist in the preparation and trial of this action or proceeding, but only after such persons have completed the certification ...

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