United States District Court, D. Nebraska
VALLEY BOYS INC. d/b/a VALLEY BOYS ROOFING, Assignee, Plaintiff,
STANDARD GUARANTY INSURANCE COMPANY, Defendant.
STIPULATED PROTECTIVE ORDER
F.A. Gossett, III United States Magistrate Judge.
Plaintiff Valley Boys, Inc. d/b/a Valley Boys Roofing and Defendant Standard Guaranty Insurance Company (collectively, the “Parties”) recognize that during the course of this litigation (“Litigation”) they may be requested to produce or disclose certain documents, or to provide testimony containing confidential, proprietary, commercial and/or financial information. The parties wish to ensure that confidential or proprietary, commercial and/or financial information is appropriately protected during the course of these proceedings.
Accordingly, through their respective undersigned counsel, the Parties have stipulated that the Court enter this Protective Order granting their Joint Motion (#30).
The Court finds good cause to support the entry of this Order.
IT IS HEREBY STIPULATED THAT:
1. This Order applies to all documents, information and discovery material containing confidential, proprietary, commercial and/or financial information including deposition, testimony, admissions and answers to interrogatories, given or taken in this action.
2. Any Party may designate as “Confidential” any documents or electronically stored information, including writings, drawings, graphs, charts, photographs, phono-records, sound recordings, images, and other data or data compilations in any medium from which information can be obtained, that the Party believes in good faith to contain confidential or proprietary information, trade secrets, or commercial information by marking “Confidential” on the document. In designating information as “Confidential”, a party indicates that it believes the document or electronically stored information is subject to protection under Federal Rule of Civil Procedure 26(c). Information so designated as “Confidential” is referred to in this order as “Confidential Information.”
3. This Protective Order shall not protect as Confidential and shall not restrict any party’s right to use, disclose, or otherwise deal with any documents or information that:
(a) Is or has substantially become available to the public (other than through breach of this Protective Order);
(b) Was properly in the receiving Party’s possession prior to obtaining it from the person producing the document or information and not received pursuant to a confidentiality agreement; or
(c) Otherwise lawfully becomes available to the receiving party without restriction from a third-party who did not acquire it directly or indirectly from the person producing such document or information.
4. Except with the prior written consent of the party (or its counsel) producing the Confidential Information, or except as provided in paragraph 5 below or by further order of the Court, no Confidential Information, or any portion thereof, may be disclosed or furnished to any person. In the event that any designation of Confidential Information is or becomes inconsistent with the terms of this Protective Order, the confidentiality of such materials shall be honored by the Parties until amended by agreement among the Parties or until otherwise determined by the Court in accordance with this Protective Order.
5. Notwithstanding paragraph 4, Confidential Information may be disclosed to the following persons for use solely ...