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United Group Services, Inc. v. Duonix Beatrice, LP

United States District Court, D. Nebraska

May 20, 2016

UNITED GROUP SERVICES, INC., an Ohio Corporation, Plaintiff,
v.
DUONIX BEATRICE, LP, a Delaware limited partnership, f/k/a FLINT HILLS RESOURCES BEATRICE, LP, a successor in interest to FLINT HILLS RESOURCES BEATRICE, LLC; and FLINT HILLS RESOURCES BEATRICE, LLC, a Nebraska limited liability company; and CUSTOM SERVICE CRANE CO., INC., an Illinois corporation, d/b/a/ CUSTOM SERVICE CRANE, INC.; and GARNEY COMPANIES, INC., a Missouri Corporation; and MAXIM CRANE WORKS LP, a Pennsylvania limited partnership; and SCHIMBERG COMPANY, an Iowa Company; and UNITED RENTALS NORTH AMERICA INC., a Delaware Corporation; UNITED LABOR GROUP, LLC, an Indiana limited liability company, d/b/a CF ConstructForce; and MIDWEST STEEL WORKS, INC., a Nebraska corporation, Defendants.

          Joel D. Heusinger, Bruce A. Smith, Kerry L. Kester, Audrey R. Svane, Attorneys for Plaintiff WOODS & AITKEN LLP

          Lowell T. Woods, Jr. TAFT, STETTINIUS LAW FIRM Its Attorneys

          STIPULATED PROTECTIVE ORDER

          Cheryl R. Zwart United States Magistrate Judge.

         THIS MATTER came on for consideration pursuant to the agreement of the parties, United Group Services, Inc., Duonix Beatrice, LP, Garney Companies, Inc., Schimberg Company, Custom Service Crane Co., Inc., United Labor Group, LLC, and Midwest Steel Works, Inc., herein as evidenced by the signatures of their respective counsel below, for entry of a protective order to preserve the confidentiality of certain documents, information, records, and material to be produced in this case.

         Being fully advised on the premises and pursuant to Fed.R.Civ.P. 26(c), the Court hereby ORDERS that the following terms and procedures shall govern the handling of confidential, trade secret, and/or proprietary information produced by any party, third party, or witness in this action:

         1. “Confidential Information” means any type of information, document or tangible object, including but not limited to electronic files, electronic mail, photographs, voicemails, videotape recordings, plans, drawings and designs, that is designated in good faith as confidential by the supplying party, whether it be a tangible thing, a document, information contained in a document, information revealed during a deposition or during an inspection of the facilities of the parties, or information revealed in an interrogatory answer or other discovery.

         2. “Qualified Person” means:

(a) The Court, court personnel, jurors, and the attorneys and their law firms of record in this action and any associated counsel including associated outside and in-house counsel for each party or the partner of a party, and stenographic, clerical or paralegal employees of those attorneys and counsel to whom it is necessary that the information be disclosed for purposes of this action. Persons identified in this subparagraph (a) need not physically sign the Confidentiality Agreement, the general form of which is attached hereto as Exhibit A and incorporated by reference herein.
(b) Independent experts or consultants employed by a party or its attorneys of record in this action who agree in writing to be bound by the terms of this Protective Order. The independent expert or consultant must read this Protective Order and complete and sign the Confidentiality Agreement in the general form of Exhibit A, attached. Any such form signed by an expert or consultant shall be kept in the respective counsel’s file until the time for disclosure of such experts and/or consultants, if applicable.
(c) Officers, directors, committee members, board members, and employees of the parties including, where applicable, those of the partners and partner entities comprising the parties designated specifically by each party in good faith as necessary to receive designated information and who agree, in writing, to be bound by the terms of this Protective Order. The officers or employees must read this Protective Order and complete and sign the Confidentiality Agreement in the general form of Exhibit A, attached.
(d) Any other person who is designated as a Qualified Person by Order of the Court, after notice to all parties, or who, by agreement of the parties, is designated as a Qualified Person. Any person designated under this subparagraph must read this Protective Order and complete and sign the Confidentiality Agreement in the general form of Exhibit A, attached.

         3. Documents and things produced by any party or non-party which contain Confidential Information shall be designated as such by marking each page of the document or thing at or before the time of production substantially as follows: CONFIDENTIAL. In the event a non-party produces information, any party may designate the information under the terms of this Protective Order within thirty (30) days of receipt of such information. Only a Qualified Person under Paragraph 2 shall have access to documents or information designated as CONFIDENTIAL.

         4. Documents and things produced by any party or non-party which contain confidential and proprietary business information may be designated “ATTORNEY EYES ONLY” information. Each page of the document or thing shall be marked substantially as follows: ATTORNEY EYES ONLY. Only Qualified Persons under Paragraph 2(a) and independent experts designated under Paragraph 2(b) to whom it is necessary that the information be disclosed for purposes of this action shall have access to information designated ATTORNEY EYES ONLY.

         5. Testimony taken or information disclosed at a deposition may be designated as CONFIDENTIAL or ATTORNEY EYES ONLY by indicating on the record at the deposition or within fifteen (15) days from the receipt of the transcript, and the entire deposition shall be treated as Confidential until the fifteen (15) day period has lapsed. After the expiration of the fifteen (15) days, only those portions of the ...


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