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Vaccaro v. Home Depot U.S.A., Inc.

United States District Court, D. Nebraska

July 15, 2016

KEVIN VACCARO, Plaintiff,
v.
HOME DEPOT U.S.A., INC., Defendant.

          CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER

          Cheryl R Zwart, U.S. Magistrate Judge

         The discovery sought by the parties in the above-styled case is likely to involve production of documents and things containing business, competitive, proprietary, or trade secret, hereafter referred to as “Confidential Information, ” and witness testimony containing Confidential Information. Accordingly, the parties having agreed to enter into this Confidentiality Stipulation and Protective Order (“the Order”) to govern the production of documents and testimony that contains Confidential Information, and for good cause shown, the Court hereby ORDERS as follows:

         Designation of Confidential Information

         1. Designation of Material.

         Documents and other things claimed to be or to contain Confidential Information shall, prior to production, be marked by the producing party as “Confidential.” Placement of the “Confidential” designation on each protected page or on the initial page of a protected document when it is produced shall constitute notice and shall designate the document as Confidential material. Copies, extracts, summaries, notes, and other derivatives of Confidential material also shall be deemed Confidential material and shall be subject to the provisions of this Order. For purposes of this Order, a party may only seek Confidential Information status for discovery of any information that a party in good faith believes to be confidential information which is defined as: trade secrets, research that currently falls within trade secret, design, development, operational, financial, technical, marketing, planning, personal, or commercial information which currently falls within a true trade secrets and which has not already come into the public domain in any fashion.

         2. Subsequent Designation.

         Documents and/or materials produced in the litigation that are not identified as Confidential Information when they were initially produced may within a reasonable time thereafter be designated as Confidential by the producing party, or by the party or parties receiving the production, or by a person, by providing written notice to counsel for all other parties and to any person who may be involved. Each party or person who receives such written notice shall endeavor to retrieve any Confidential Information that may have been disseminated, shall affix a “Confidential” designation to it, and shall thereafter distribute it only as allowed by this Order. No distribution prior to the receipt of such written notice shall be deemed a violation of this Order.

         3. Designation of Depositions.

         Depositions or portions thereof upon oral or written questions may be classified as Confidential Information either by an examining party's attorney or by an attorney defending or attending the deposition. A party claiming that a deposition or any portion thereof is Confidential Information shall give notice of such claim to the other affected parties and persons either prior to or during the deposition, or within twenty-eight (28) days after receipt of the deposition transcript, and the testimony taken and the transcript of such deposition or portion thereof shall be designated as Confidential.

         4. Modification of Designation.

         The designation of Confidential Information by the producing party shall not be determinative and may be modified or eliminated at any time in one of two ways, as explained below.

(a) The producing party may agree in writing to downgrade or eliminate the Confidential designation concerning any material it produced.
(b) If the parties cannot agree as to the designation of any particular information or material after good faith discussion, the receiving party may move the Court to downgrade or eliminate the “Confidential” designation. The burden of proving that the information has been properly designated as protected shall be on the party who made the original designation.

         Access to Confidential Information

         5. General Access. Except as otherwise expressly provided herein or ordered by the Court, Confidential Information may be revealed only as follows:

(a) To outside counsel for a party hereto (and secretaries, paralegals, and other staff employed in the offices of such outside counsel who are working on the litigation), provided that outside counsel who are not of record must first sign and deliver to counsel of record for ...

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