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Meisinger v. Southwest Iowa Renewable Energy, LLC

United States District Court, D. Nebraska

February 10, 2016

MARK MEISINGER, Plaintiff,
v.
SOUTHWEST IOWA RENEWABLE ENERGY, LLC, Defendant.

John M. Gerrard District Judge:

STIPULATED PROTECTIVE ORDER

Cheryl R. Zwart United States Magistrate Judge:

This matter comes before the Court upon the Joint Motion for Protective Order by the Plaintiff, Mark Meisinger, and Defendant Southwest Iowa Renewable Energy, LLC, (individually, “Party” and collectively, “Parties”). There being no objection by any Party to the entry of this Order and the Court having considered the grounds for the entry of this Order, it is the opinion of this Court that the Joint Motion for Protective Order should be granted in the above-captioned action (“Action”).

1.Scope.

All materials produced or adduced in the course of discovery, including initial disclosures, responses to discovery requests, interrogatory responses, deposition testimony and exhibits, and information derived directly therefrom (hereinafter collectively “documents”), shall be subject to this Order concerning Confidential Information as defined below. The term “document” is comprehensively defined to be synonymous in meaning and equal in scope to the usage of the term in Rule 34(a) of the Federal Rules of Civil Procedure, which defines document to include writings, drawings, graphs, charts, photographs, phone records, and other data compilations from which information can be obtained. This Order is

EXHIBIT A

subject to the Local Rules of this District 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-SUBJECT TO PROTECTIVE ORDER” by the producing Party that falls within one or more of the following categories:

(a) proprietary, competitive or commercially sensitive business information deemed confidential to either Party;
(b) information that contains or reveals trade secrets;
(c) research, technical, commercial or financial information that the Party has maintained as confidential;
(d) financial information that is generally unavailable to the public;
(e) personal identity information including social security numbers, dates of birth, or other identifying information;
(f) personnel or employment records of a person;
(g) state and federal income tax returns (including attached schedules and forms), W-2 forms and 1099 forms;
(h) information relating to customers and vendors, including identities, terms, pricing information and transactional histories;
(i) information relating to manufacturing processes and business practices.

3. Designation.

(a) Except as may be subsequently agreed by the Parties in an ESI protocol or otherwise ordered by the Court, the following shall be the process for designating documents as Confidential Information. A Party may designate a document as Confidential Information for protection under this Order by placing or affixing the words “CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER” on the document in a manner that will not interfere with the legibility of the document or by so designating in a letter served with the production or within five (5) days thereafter. The marking “CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER” shall be applied prior to or at the time of the documents are produced or disclosed. Applying the marking “CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER” 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 - SUBJECT TO PROTECTIVE ORDER” 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) Information may be designated as Confidential Information only if the designating Party has a good-faith basis for believing the information is included under the definition set forth in Paragraph 2 above.

4. Depositions.

Unless all Parties agree on the record at the time the deposition testimony is taken, all deposition testimony taken in this case shall be treated as Confidential Information until and through 21 days after the Parties’ receipt of the final deposition transcript. No later than the 21st day after receipt of the final deposition transcript, a Party may serve a Notice of Designation to all Parties of record as to specific portions of the testimony that are designated Confidential Information, and thereafter only those portions identified in the Notice of Designation shall be protected by the terms of this Order. The failure to serve ...


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