United States District Court, D. Nebraska
ERICKSON PRODUCTIONS, INC. and JIM ERICKSON, Plaintiffs,
NEBRASKA MACHINERY COMPANY, Defendant.
STIPULATED PROTECTIVE ORDER
F.A. Gossett United States Magistrate Judge
The parties to this action have moved for entry of a protective order. (Filing 70.) The Court has determined that the terms set forth herein are appropriate to protect the respective interests of the parties, the public, and the Court. Accordingly, IT IS ORDERED:
All information and documents produced in the course of discovery, including initial disclosures, all responses to discovery requests, all deposition testimony and exhibits, other materials which may be subject to restrictions on disclosure for good cause and information derived directly therefrom (hereinafter collectively “Documents”), shall be subject to this Order concerning confidential information as set forth below. The Order is also subject to the applicable rules of procedure and local rules on matters of procedure and calculation of time periods.
2. Form and Timing of Designation.
A party may designate Documents as confidential and restricted in use and 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. Documents shall be designated CONFIDENTIAL prior to or at the time of the production or disclosure of the documents. Any document produced by either party prior to entry of this Order may be designated and deemed confidential subject to the terms of this Order by identifying each such document in writing within twenty (20) days of the date this Order is entered. The designation CONFIDENTIAL 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.
Additionally, if the CONFIDENTIAL documents contain highly sensitive trade secrets or other highly sensitive competitive or confidential information and disclosure to another party would result in demonstrable harm to the disclosing party, then the party may add the additional designation of “CONFIDENTIAL – ATTORNEY EYES ONLY” or “HIGHLY CONFIDENTIAL” which shall mean the same thing. Documents designated CONFIDENTIAL – ATTORNEY EYES ONLY or HIGHLY CONFIDENTIAL shall constitute an additional category of protection that carries all of the protections as documents designated CONFIDENTIAL, as well as the additional protections outlined in ¶ 6(c) below.
3. Documents Which May be Designated CONFIDENTIAL.
Any party may designate Documents as CONFIDENTIAL upon a good faith belief that the documents contain information protected from disclosure by statute or that should be protected from disclosure as confidential personal information, medical or psychiatric information, trade secrets, personnel records, or such other sensitive commercial and/or financial information that is not publicly available.
4. Documents Which May be Designated CONFIDENTIAL – ATTORNEY EYES ONLY.
Any party may designate any document as CONFIDENTIAL – ATTORNEY EYES ONLY upon a good faith belief that the document contains highly sensitive trade secrets or other highly sensitive competitive or confidential information and disclosure to another party would result in demonstrable harm to the disclosing party. In-house counsel or other attorney employees of the parties shall be deemed parties for purposes of this Protective Order and shall not be deemed “attorneys” for purposes of CONFIDENTIAL – ATTORNEY EYES ONLY designations, except one in-house attorney for each party may have access to Documents designated CONFIDENTIAL – ATTORNEY EYES ONLY but shall not disclose such Documents or their contents to any other in-house counsel or attorney employee of the party in any way.
Deposition testimony shall be deemed CONFIDENTIAL only if designated as such within thirty (30) days of receipt of the deposition transcript, in writing. Such designation shall be specific as to the portions of the transcript or any exhibit to be designated as CONFIDENTIAL. Thereafter, the deposition transcripts and any those portions so designated shall be protected as CONFIDENTIAL, pending objection, under the terms of this Order. However, a party may designate any portion of the deposition as testimony is being taken, in which case any individual not authorized to access Documents with such designation shall leave the room.
6. Protection of Confidential Material.
(a) General Protections.
Documents designated CONFIDENTIAL under this Order shall not be used or disclosed by the parties, counsel for the parties or any other persons identified in ¶ 6(b) for any purpose whatsoever other than to prepare for and to conduct ...