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Valley Boys Inc. v. Allstate Insurance Co.

United States District Court, D. Nebraska

January 21, 2016

VALLEY BOYS INC. d/b/a VALLEY BOYS ROOFING, Assignee, Plaintiff,


F.A. GOSSETT, Magistrate Judge.

The parties have agreed to the terms of a Confidentiality (Protective) Order. (Filing 59.) Pursuant to this agreement,


1. Scope.

All materials produced or adduced in the course of discovery, including initial disclosures, responses to discovery requests, deposition testimony and exhibits, and information derived directly therefrom (hereinafter collectively "documents"), shall be subject to this Order concerning Confidential Information as defined below. This Order is subject to the Local Rules of the District of Nebraska and the Federal Rules of Civil Procedure on matters of procedure and calculation of time periods.

2. Confidential Information.

As used in this Order, "Confidential Information" means information designated as "CONFIDENTIAL" by the producing party who in good faith believes that the information designated falls within one or more of the following categories: (a) information prohibited from disclosure by statute; (b) information that reveals trade secrets; (c) research, technical, commercial or financial information that the party has maintained as confidential; (d) medical information concerning any individual; (e) personal information of individual persons, including policyholders; (f) income tax returns (including attached schedules and forms), W-2 forms and 1099 forms; (g) proprietary business information or research; or (h) personnel or employment records of a person who is not a party to the case. Information or documents that are available to the public may not be designated as Confidential Information.

3. Designation.

(a) A party may designate a document as Confidential Information for protection under this Order by placing or affixing the word "CONFIDENTIAL" on the document and on all copies in a manner that will not interfere with the legibility of the document. As used in this Order, "copies" includes electronic images, duplicates, extracts, summaries or descriptions that contain the Confidential Information. The marking "CONFIDENTIAL" shall be applied prior to or at the time of the documents are produced or disclosed. Applying the marking "CONFIDENTIAL" to a document 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. Any copies that are made of any documents marked "CONFIDENTIAL" shall also be so marked, except that indices, electronic databases or lists of documents that do not contain substantial portions or images of the text of marked documents and do not otherwise disclose the substance of the Confidential Information are not required to be marked.

(b) The designation of a document as Confidential Information is a certification by an attorney that the document contains Confidential Information as defined in this order.

4. Depositions.

Deposition testimony is protected by this Order if designated as "CONFIDENTIAL" on the record at the time the testimony is taken. Such designation shall be specific as to the portions that contain Confidential Information. Deposition testimony so designated shall be treated as Confidential Information protected by this Order.

Any party may also designate deposition testimony as "CONFIDENTIAL" by notifying all parties in writing within fourteen (14) business days after receipt of the final transcript. All deposition testimony taken in this case shall be treated as Confidential Information until the expiration of the fourteenth day after the transcript is delivered to any party. This provision shall not prevent a witness from reviewing his or her deposition for purposes of review and signing and/or correcting that deposition during the fourteen (14) day period after receipt of the transcript.

5. Protection of Confidential Material.

(a) General Protections. Confidential Information shall not be used or disclosed by the parties, counsel for the parties or any other persons identified in subparagraph (b) below for any purpose whatsoever other than in this litigation, including any appeal thereof.

(b) Limited Third-Party Disclosures. The parties and counsel for the parties shall not disclose or permit the disclosure of any Confidential Information to any third person or entity except as set forth in subparagraphs (i)-(ix) below. Subject to these requirements, the following categories of persons may be allowed to review Confidential Information:

(i) Counsel for the parties and employees of counsel who have responsibility for the action;
(ii) Individual parties and employees of a party but only to the extent counsel determines in good faith that the employee's assistance is reasonably ...

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