United States District Court, D. Nebraska
The Honorable Cheryl R. Zwart United States Magistrate Judge
The parties to this action anticipate that they will seek information that the parties may assert as containing confidential, proprietary, business, commercial, technical, scientific, financial, personnel, and/or trade secret information that is not generally known and that the designating party would not normally reveal to third parties or would cause third parties to maintain in confidence, or information, the present disclosure of which could, in the good faith judgment of the designating party, be detrimental to the designating party in the conduct of its business.
Accordingly, IT IS ORDERED that a Protective Order ("Protective Order") is entered as follows:
1. This Protective Order shall govern the use, handling, and disclosure of all documents, testimony or information produced or given in this action which are designated to be subject to this Protective Order in accordance with the terms hereof.
2. Any party or non-party producing, serving, or filing documents or other materials in this action (“Producing Party”) may designate any discovery materials as “Confidential” under the terms of this Protective Order if the Producing Party believes in good faith that such Discovery Materials contain non- public, confidential, proprietary, trade secret, or commercially or personally sensitive information that requires the protections provided in this Protective Order. The Producing Party designating documents as "Confidential" shall do so by written notice to opposing counsel which identifies the documents so designated by labeling the document “Confidential” or other reasonable identifying characteristic, and such designation may be made after production in the event a party inadvertently failed to so mark such document(s) as “Confidential”.
3. To the extent any motions, briefs, pleadings, deposition transcripts, or other papers to be filed with the Court incorporate documents or other materials subject to this Protective Order, the party filing such papers shall designate such materials, or portions thereof, as “Confidential” and shall file them with the Court as “restricted document” as provided in NECivR 5.3. (c); provided, however, that a copy of such filing having the confidential information deleted therefrom may be made part of the public record.
4. All documents, transcripts, or other materials subject to this Protective Order, and all information derived therefrom (including, but not limited to, all testimony, deposition, or otherwise, that refers, reflects or otherwise discusses any information designated “Confidential” shall not be used, directly or indirectly, by any person for any business, commercial or competitive purposes or for any purpose whatsoever other than solely for the preparation and trial of this action in accordance with the provisions of this Protective Order.
5. Except with the prior written consent of the individual or entity designating a document or portions of a document or any other information as “Confidential, ” no document, transcript or pleading designated “Confidential” and no information contained in, or derived from any such materials (including but not limited to, all deposition testimony that refers, reflects or otherwise discusses any information designated confidential hereunder) may be disclosed other than in accordance with this Protective Order, and may not be disclosed to any person other than:
(a) the Court and its personnel;
(b) parties to this litigation;
(c) counsel for the parties, whether retained counsel or in-house counsel and employees of retained counsel reasonably assigned to assist such counsel in the preparation of this litigation;
(d) court reporters and their staffs;
(e) fact witnesses subject to a proffer to the Court or a stipulation of the parties that such witnesses need to know such information;
(f) present or former employees of the producing party in connection with their depositions in this action (provided that no former employees shall be shown documents prepared ...