United States District Court, D. Nebraska
Michael S. Agruss Agruss Law Firm, LLC. Attorney for Plaintiff.
Eric Larson Zalud, Laura E. Kogan, BENESCH, FRIEDLANDER, COPLAN & ARONOFF LLP, Benjamen E. Kern, BENESCH FRIEDLANDER COPLAN & ARONOFF LLP, Craig A. Knickrehm, WALENTINE, O’TOOLE, MCQUILLAN & GORDON, LLP, Attorneys for Defendant DISH Network L.L.C.
STIPULATED PROTECTIVE ORDER
In conformance with the stipulation between Plaintiff Natasha Moser (“Plaintiff”) and Defendant DISH Network L.L.C. (“Defendant”), and good cause appearing, IT IS HEREBY ORDERED that, pursuant to Federal Rule of Civil Procedure 26(c), this Protective Order is hereby entered to protect the discovery and dissemination of confidential information or information that will improperly annoy, embarrass, or oppress any party, witness, or person providing discovery in this case.
1. This Protective Order shall apply to all documents, materials, and information, including without limitation, documents produced, answers to interrogatories, responses to requests for admission, deposition testimony, and other information disclosed pursuant to the disclosure or discovery duties created by the Federal Rules of Civil Procedure.
2. As used in this Protective Order, “document” is defined as provided in Federal Rule of Civil Procedure 34(a), and shall include, without limitation all “documents and electronically stored information” as defined in Rule 34, all “writings, ” “recordings” and “photographs” as defined in Rule 1001 of the Federal Rules of Evidence, and any information stored in or through any computer system or other electronic or optical data storage device. A draft or non-identical copy is a separate document within the meaning of this term.
3. The designation of “CONFIDENTIAL” is intended to encompass materials and information that the designating party or nonparty in good faith believes comprise or encompass confidential or proprietary information, or other commercially sensitive or personally sensitive information of a non-public nature, including, without limitation, trade secrets, financial data, contracts and agreements, current and future business plans, and marketing documents. Information may be designated by counsel as “CONFIDENTIAL” only after a review of the information, and the designation must be based on a good faith belief that the information is confidential or otherwise entitled to protection under Federal Rule of Civil Procedure 26(c)(1)(G). CONFIDENTIAL information also includes information designated as “Confidential”, “Confidential - Moser v. DISH”, or “Confidential Subject to Court Order” or similarly designated in connection with any other lawsuit or proceeding including, but not limited to, the above captioned lawsuit styled as Moser v. DISH Network L.L.C. CONFIDENTIAL information provided under this Protective Order may be used only in connection with the prosecution or defense of this action and for no other purpose.
4. CONFIDENTIAL documents, materials, and/or information (collectively “CONFIDENTIAL information”) shall not, without the consent of the party producing it or further Order of the Court, be disclosed except that such information may be disclosed to:
(a) attorneys actively working on this case;
(b) persons regularly employed or associated with the attorneys actively working on the case whose assistance is required by the attorneys in the preparation for trial, at trial, or at other proceedings in this case;
(c) the parties;
(d) expert witnesses and consultants retained in connection with this proceeding, to the extent that such disclosure is necessary for preparation, trial, or other proceedings in this case;
(e) the Court and its employees (“Court Personnel”);
(f) stenographic reporters who are engaged in proceedings necessarily incident to the ...