United States District Court, D. Nebraska
Thomas D. Thalken United States Magistrate Judge
This matter is before the court on the parties’ Joint Motion for Entry of Protective Order (Filing No. 19). The motion is granted as set forth below.
IT IS ORDERED:
1. All confidential documents and confidential information, as defined herein, shall be used by the parties only for purposes of preparing for and conducting the litigation styled Barbara Denniston v. ConAgra Foods, Inc., 8:15cv463 (hereinafter the Action).
2. “Confidential documents” or “confidential information, ” as used herein, means documents or information so designated by any party, limited to: information regarding or submitted by past and present employees of ConAgra, such as information from medical or personnel files; documents containing ConAgra’s confidential and/or proprietary business information; and documents detailing the personal medical and/or financial information of the Plaintiff.
3. Any party to this action, whether acting on its own or through counsel (hereinafter person) may designate material as “confidential” by affixing the legend “Confidential” to every page of the document. The information contained or disclosed in material that has been designated as “Confidential” in accordance with this Order shall be referred to as “Protected Information.” Any documents, including exhibits, which are generated, derived, or created from Protected Information shall also be treated as such in accordance with the provisions of this Order, and such documents shall be marked in accordance with this paragraph.
4. If any party to this Action disputes the designation of any information, document or testimony as “Confidential, ” that party shall attempt to resolve by agreement the question of whether or on what terms the document is entitled to confidential treatment. If the parties’ counsel are unable to agree as to whether the information is properly designated, counsel for either party may file an appropriate motion with the court. The burden rests upon the person asserting protected status to demonstrate that the designation is proper. Until a resolution of the dispute is achieved either through consent or order of the court, all persons shall treat the designated information in accordance with its designation.
5. “Confidential” information, documents, or testimony may only be disclosed or made available on a need-to-know basis by the party receiving such information to “qualified persons” who are defined to consist of:
a. The United States District Court for the District of Nebraska, including court personnel who are authorized to review the confidential information, documents, or testimony, subject to the limitations expressed in paragraphs 6 and 7 infra;
b. The parties named in this action, including the corporate representative(s) of ConAgra;
c. Plaintiff’s spouse, provided that Plaintiff’s spouse shall keep the information confidential;
d. Counsel to all parties in this litigation and the clerical, secretarial, and paralegal staff employed by such counsel;
e. Court reporters;
f. Retained and/or potential experts or consultants (including their employees and/or support staff) selected by a party to this Action to assist in the ...