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McCormick v. Invenergy LLC

United States District Court, D. Nebraska

May 26, 2016

ROBERT MCCORMICK, Plaintiff,
v.
INVENERGY LLC, a Delaware limited liability company, Defendant.

          STIPULATED PROTECTIVE ORDER

          F.A. Gossett United States Magistrate Judge

         The court hereby adopts the following protective order stipulated and agreed to by the parties (Filing No. 21):

         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 Robert McCormick v. Invenergy, LLC, Case No. 8:15-cv-328 (hereinafter the “Action”).

         2. “Confidential documents” or “confidential information, ” as used herein, means documents or information so designated by any party, including, but not limited to: information regarding or submitted by past and present employees of Invenergy; documents containing any party’s confidential and/or proprietary business information; and documents detailing the financial information of a party.

         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. In the case of deposition testimony, designation of the portion of the deposition transcript (including exhibits) that contains “confidential documents” or “confidential information” shall be made by a statement to such effect on the record in the course of the deposition or, upon review of such transcript, by the disclosing party or counsel for the disclosing party, which shall be so designated within thirty (30) days after the deposition. During those thirty days, the entire deposition transcript, including exhibits, shall be deemed “Confidential”

         5. If any party to this Action disputes the designation of any information, document or testimony as “Confidential, ” that party shall in writing identify each particular document to which it objects and the reasons for the objection(s). The parties 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 within 10 days of the written objection being raised by a party, 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.

         6. “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 7 and 8 infra;
b. The parties named in this action, including employees or agents of a party;
c. Outside counsel to all parties in this Action and the clerical, secretarial, and paralegal staff employed by such counsel;
d. Court reporters;
e. 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 prosecution or defense of the Action;
f. Any arbitrator, mediator, or other alternative dispute resolution facilitator in front of whom the parties agree to ...

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