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Lozovyy v. Kurtz

United States District Court, D. Nebraska

June 9, 2016

YAROSLAV LOZOVYY, Plaintiff,
v.
RICHARD L. KURTZ, et al., Defendants. M.D. La. No. 3:13-cv-00424

          Board of Regents of the University of Nebraska, John C. Wiltse, # 16689 University of Nebraska

          Yaroslav Lozovyy, Plaintiff Scott D. Wilson, APLC

          Richard L. Kurtz, et al., Defendants, S. Brooke Barnett-Bernal Long Law Firm LLP

          STIPULATION AND AGREED PROTECTIVE ORDER

          Cheryl R. Zwart United States Magistrate Judge

         WHEREAS, subpoenas have been issued for the deposition of Professor Peter Dowben, Ph.D. (hereinafter "Dr. Dowben") and documents in his possession and documents located at the University of Nebraska-Lincoln; and

         WHEREAS, discovery in the above-entitled action may involve the production of documents and disclosure of information which the Board of Regents of the University of Nebraska (hereinafter "University") and Dr. Dowben claim to be confidential; and, WHEREAS, the University, Dr. Dowben and the parties desire to pursue discovery with a minimum of delay and expense; and

         WHEREAS, the parties have agreed pursuant to Fed.R.Civ.P. Rules 29 and 26(c) and NELR 7.2 and 7.3 that a protective order should be entered in connection with the production of documents and disclosure of information by Dr. Dowben and the University;

         IT IS HEREBY ORDERED AND AGREED:

         1. When used in this order, the word "documents" has the full extent of its meaning as provided in the Federal Rules of Civil Procedure and includes all written, recorded or graphic matter whatsoever including documents and electronically stored information produced by Dr. Dowben and the University whether pursuant to Federal Rules of Civil Procedure 26, 45, by subpoena duces tecum or by agreement, deposition transcripts and exhibits, and any portion of any Court papers which quote from any of the foregoing.

         2. As used in this order, the words "research" means trade secrets, academic and scientific research work which is in progress and unpublished, and other proprietary or commercial information which if released would give advantage to business competitors, and serve no public purpose which could be withheld from disclosure to the public under Neb. Rev. Stat. § 84-712.05 (3) (Reissue 2014); "personnel information" means information about current or former employees of the University which could be withheld from disclosure to the public under Neb. Rev. Stat. § 84-712.05(7) (Reissue 2014), and information that is deemed to be confidential under § 1.4.4 of the Bylaws of the Board of Regents of the University of Nebraska; and "student information " means information regarding a student, prospective student, or former student which could be withheld from disclosure to the public under Neb. Rev. Stat. § 84-712.05(1) (Reissue 2014) or under 20 U.S.C. § 1232g.

         3. All documents and disclosure of information pertaining to research, personnel and student information and every portion thereof, produced by Dr. Dowben and the University, pursuant to any discovery procedure or informal exchange of documents in this matter, shall be considered "confidential" for purposes of this order and shall be used by the non-producing parties, their experts and attorneys, only for the preparation for and conduct of proceedings herein and not for any business or other purpose whatsoever. Documents which were prepared by and obtained from any individual, entity or agency other than the University or a person acting for the University and which would be discoverable from that entity, agency, or person shall not be deemed confidential for purposes of this order. Upon receiving documents from the University, the Defendants shall give written notice to the University of those documents Defendants view as not covered by this Protective Order. The University shall then have fourteen days within which to arrive at an agreement for a protective order on some other basis or to file an appropriate motion for a protective order. In the event that no agreement is reached and no motion is filed within the fourteen day time period, this Protective Order shall be deemed not to apply to the documents listed by the Defendants in its notice of non-covered documents. For the period of fourteen days following the Defendants' delivery of the notice identified in this paragraph and for the period that a motion for a protective order is pending under this paragraph, the information shall be deemed subject to this Protective Order.

         4. Except as hereinafter provided, no confidential documents or disclosure information, nor any portion or summary thereof, produced by the University shall be given, shown, disclosed, or communicated by the parties in any way, directly or indirectly, to any person or entity other than:

(a) Counsel for the parties in this action, and their ...

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