United States District Court, D. Nebraska
BOBBY FULKS, JR., and ANTOINETTE FULKS, Husband and Wife, Plaintiffs,
HEUBEL MATERIAL HANDLING, INC., and NATUREWORKS, LLC, Defendants,
MENLO LOGISTICS, INC., Third-Party Plaintiff.
PROTECTIVE ORDER REGARDING CONFIDENTIALITY OF DOCUMENTS AND MATERIALS
Honorable Cheryl R. Zwart United States Magistrate Judge
WHEREAS plaintiffs, Bobby Fulks, Jr. and Antoinette Fulks (“Plaintiffs”), defendant, Natureworks, LLC ("Natureworks"), and third-party plaintiff, Menlo Logistics, Inc. ("Menlo") by and through their attorneys of record, now seek and may in the future seek to have Heubel Material Handling, Inc. (“Heubel”) make available for inspection and/or copying, documents, information and various materials in the above-entitled matter;
WHEREAS Heubel contends that some of these documents, this information and these other materials are in whole or in part proprietary information, confidential business records, and/or trade secrets, all of which constitute competitively sensitive data;
WHEREAS Heubel requires that the confidentiality of the documents and/or materials, and the information contained in the documents and materials, be maintained, as well as the confidentiality of the fact of the existence of the documents and materials and their description and identity; and
WHEREAS the parties and their attorneys have agreed to comply with the letter and intent of said confidentiality;
IT IS HEREBY STIPULATED THAT:
1. At such time as Heubel delivers to Plaintiffs, Natureworks, or Menlo or their respective attorneys any documents or materials by way of discovery in this case, or divulge any documents or materials or any information contained therein, Heubel shall designate as “CONFIDENTIAL” any such documents, materials, or information Heubel claims constitute or contain trade secrets, confidential business information, or competitively sensitive data.
2. Plaintiffs, Natureworks, and Heubel, and their respective attorneys shall not give, show, or otherwise directly or indirectly disclose any such confidential documents, materials or information produced by Heubel in this action, or the substance thereof, or the existence thereof, or any copies, prints, negatives or summaries thereof, and will not disclose the fact of the existence thereof, to any entity or person except Plaintiffs, Natureworks, or Menlo, any agents, experts or consultants employed by Plaintiffs, Natureworks, or Menlo, or their respective attorneys, insurers, reinsurers, regulators, and accountants, in connection with and solely for this action.
3. Any and all of the parties' experts, consultants and/or counsel associated in this litigation and any other individuals who are to have access to confidential documents, materials and/or information subject to this Stipulation and Protective Order, or to the substance thereof, or to any copies, prints, negatives or summaries thereof, shall be presented with a copy of this Stipulation and Protective Order. A Declaration in the form of Exhibit “A” attached hereto shall be executed by such experts, consultants, counsel and/or other persons who are to have access to the confidential documents, materials and/or information, stating that they will comply with the provisions of this Stipulation and Protective Order; provided, however, that execution by counsel shall be sufficient to bind the party represented by such counsel, and such party’s insurers, reinsurers, regulators, and accountants. Such Declaration shall be returned to the attorneys who provided access to the confidential documents, materials and/or information and be maintained by them. Those experts, consultants, counsel, and/or other individuals who are to have access to confidential documents, materials and/or information subject to this Stipulation and Protective Order shall not give, show, or otherwise, directly or indirectly, disclose any of the confidential documents, materials and/or information subject to this Stipulation and Protective Order, or the substance thereof, or the existence thereof, or any copies, prints, negatives, or summaries thereof, to any entity or person, except as may be necessary in preparing to render, or rendering, expert advice or assistance in this lawsuit only, or as otherwise required by law or regulation.
4. The parties to this action and their attorneys agree that all objections, including, but not limited to, objections based on relevancy, materiality, and privilege, are reserved and all questions of admissibility may be asserted at the time of trial of any action in which such confidential documents and/or materials are used or proffered should any such party deem it proper.
5. Confidential documents and materials shall be so designated by prominent markings placed on each document or item at or before the time the document or item is divulged or produced for inspection. The parties, their attorneys, their experts,, and any other individuals provided access to confidential documents, materials and/or information shall limit the number of copies to that which is absolutely necessary to adequately prepare their case and shall ensure that copies are returned to their attorneys. Any and all copies shall be treated in accordance with the terms of this Stipulation and Protective Order.
6. Any party claiming that information designated by the other party as confidential has been in the possession of such first party or has been in the possession of the public prior to disclosure of such information in discovery herein shall have the burden of proving ...