United States District Court, D. Nebraska
COR CLEARING, LLC, a Delaware limited liability company, Plaintiff,
CALISSIO RESOURCES, GROUP, INC., a Nevada Corporation; ADAM CARTER, an individual; SIGNATURE STOCK TRANSFER, INC., a Texas corporation; and Does 1-50; Defendants.
LYLE E. STROM, Senior Judge United States District Court
Pursuant to Fed.R.Civ.P. 26(c), the Court enters the following Protective Order to govern the use of information, documents, and things obtained in the discovery in this case between the Parties to this action. Therefore, IT IS ORDERED, ADJUDGED and DECREED as follows:
1. This Protective Order is applicable to COR Clearing, LLC; Calissio Resources Group, Inc.; Adam Carter; Signature Stock Transfer, Inc.; Does 1-50; any additional parties later joined in this action; and any third-parties required to respond to discovery in this matter (referred to herein collectively as “Parties” or, individually, as “Party”), for the sole purpose of facilitating discovery in the above-styled and numbered cause. It is expressly ordered that this Protective Order will not, in any manner, be disclosed to the jury in the above-styled and numbered cause. It is further ordered that this Protective Order will not be used, in any manner or form, directly or indirectly as evidence in any trial or any hearing before the jury, or referred to in any trial or any hearing before the jury on the merits of this case, except in a hearing which involves issues related to discovery in this lawsuit or the enforcement of any provision of this Protective Order, or upon further order of this Court.
2. All “Confidential” or “Highly Confidential” Material, as defined herein, produced or exchanged in the course of this litigation shall be used solely for the purpose of preparation and trial of this litigation and related arbitration/litigation proceedings involving one or more of the Parties, and for no other purpose whatsoever, and shall not be disclosed to any person except in accordance with the terms hereof.
3. Designation of Information. A Party may designate any document, or any portion of a document produced; any data or thing produced; any deposition testimony, or interrogatory answer produced, given, or served pursuant to discovery requests in this lawsuit; and any other information furnished or disclosed to any Party or its counsel during discovery or trial (referred to herein as “Material”) as “Confidential” or “Highly Confidential” in the manner set forth in this Protective Order. In designating Material as “Confidential” or “Highly Confidential, ” a Party will make such designation only as to that Material that it in good faith believes contains confidential information pursuant to Paragraphs 4 or 5 below.
4. “Confidential” Designation. A Party may designate as “Confidential” any Material that it reasonably and in good faith believes contains or reflects non-public, proprietary, or confidential information in that Party’s possession, custody or control that it desires not to be made public.
5. “Highly Confidential” Designation.A Party may designate as “Highly Confidential” any Material as to any Receiving Party where the Producing Party reasonably and in good faith believes that the Receiving Party engaged in fraudulent activity which caused harm to the Party and that producing the Material to such Receiving Party could cause harm to the Producing Party.
6. Document Production and Exhibits. Material shall be designated as “Confidential” or “Highly Confidential” by including a legend of “Confidential” or “Highly Confidential” on each page thereof as to which the confidentiality designation is claimed. All copies of Material stamped “Confidential” or “Highly Confidential” shall also be designated “Confidential” or “Highly Confidential.” With respect to any Material designated as “Confidential” or “Highly Confidential” that is not produced in hard-copy or paper form (such as diskettes, magnetic media, and other Material not produced in hard-copy or paper form) and that is not susceptible to the imprinting of a stamp signifying its confidential nature, the designating Party shall, to the extent practicable, produce such Material with a cover labeled “Confidential” or “Highly Confidential, ” and shall inform all counsel in writing of the “Confidential” or “Highly Confidential” designation of such Material at the time such Material is designated.
7. The term “copy” as used herein means any photographic, mechanical, electronic or computerized copy or reproduction of any document or thing, or any verbatim transcript, in whole or in part, of such document or thing.
8. This Protective Order shall not bar any attorney herein in the course of rendering advice to his client with respect to this litigation from conveying to any Party client his evaluation in a general way of “Confidential” or “Highly Confidential” Material.
9. Treatment of Material Designated as “Confidential” or “Highly Confidential.” “Confidential” or “Highly Confidential” Material and any information contained therein shall not be used or shown, disseminated, copied, or in any way communicated to anyone for any purpose whatsoever, except as provided for below.
10. No Material designated as “Confidential, ” and any information contained therein, shall be disclosed by any non-designating Party to any person without the prior written consent of the Party designating it or an order of the Court, except that it may be disclosed to:
(a) Up to five (5) officers of the Receiving Party to this lawsuit, after such officers has signed a statement in the form attached hereto as Exhibit “A”;
(b) The author or recipient of such information and/or document;
(c) Attorneys for any Party engaged in this lawsuit and the employees of such attorneys;
(d) Persons not employees of any Party to this lawsuit who are expressly retained to assist such Party’s counsel in the preparation of this lawsuit for trial including, but not limited to, consulting and testifying experts, independent auditors, accountants, statisticians, economists, and other experts, and the employees of such persons (“Outside Experts”), after such Outside Expert has signed and delivered to ...