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Logsdon v. BNSF Railway Co.

United States District Court, D. Nebraska

August 3, 2016

STEVEN C. LOGSDON, Plaintiff,
v.
BNSF RAILWAY COMPANY, a corporation, Defendant.

          CHOD LAW, LLC Jeffrey E. Chod, Donald F. D’Antuono SCHNELL, D’ANTUONO LAW FIRM ATTORNEYS FOR PLAINTIFF

          SATTLER & BOGEN, LLP Nichole S. Bogen, # 22552 Tyler K. Spahn, #25308 SATTLER & BOGEN LLP ATTORNEYS FOR DEFENDANT

          STIPULATED PROTECTIVE ORDER

          Cheryl Zwart U.S. Magistrate Judge

         Pending before the Court is the Parties’ joint motion for a Protective Order. The Court finds that good cause exists for the entry of a Protective Order to protect the confidentiality of certain information exchanged during the course of this lawsuit. As such the Court grants the Parties’ joint Motion for a Protective Order and enters the following Stipulated Protective Order:

         During discovery in this case, Plaintiff has requested - via Request for Production of Documents No. 35, 36, 48 and 50 (and to the extent such documents are responsive to nos. 31, 33, and 41) from his First and Second Set of Requests for Production of Documents (“RFPs”) - documents and other information that contains “Confidential Information” (defined below) that should be kept confidential. To prevent injury through improper disclosure of this type of information, to allow discovery to proceed without delay, and to avoid disputes regarding the confidential nature of such information, the Court finds that good cause exists under Rule 26(c) of the Federal Rules of Civil Procedure for the following protections and procedures. This Agreed Protective Order only applies to documents being produced by BNSF in response to Plaintiff’s First Request for Production Nos. 35, 36, 48 and 50 (and to the extent such documents are responsive to nos. 31, 33, and 41).

         1. Definitions.

         1.1 Confidential Information.

         The term “Confidential Information” shall mean the following: non-public financial, private employee, and confidential business information of the Parties that is maintained in a confidential manner, including personal employee performance reviews and company financial performance; non-public information regarding Defendant’s clients and employees that is maintained in a confidential manner; non-public personnel records that are maintained in a confidential manner; proprietary information; trade secrets; and other confidential research, development or commercial information within the meaning of Fed.R.Civ.P. 26(c)(1)(G).

         2. Initial Designations.

         2.1 Produced Documents.

         If a party believes that any written, recorded, or graphic material, tangible items, electronically stored information, or any other form of information that it produces in this action pursuant to discovery, subpoena, Court Order, written discovery request, or agreement of the Parties, including specifically the information requested by the RFPs, contains Confidential Information, it may designate such material as confidential by stamping the words “Confidential - Subject to Protective Order” (or some other reasonable notation calling attention to the sensitive and/or proprietary nature of the document) on the document or written discovery material. Materials designated as “Confidential” and all documents, including court filings, which quote from, summarize, or comment on any such materials shall be treated as confidential as set forth in this Agreed Protective Order and shall be used solely for the prosecution or defense of this matter (including any appeals). Subject to a party’s right to object, the designation of documents as “Confidential - Subject to Protective Order” means that the document or documents so designated qualify for the protections herein.

         2.2 Production in Electronic Form.

         If a producing party elects to produce in electronic form documents or other information that contain Confidential Information, the producing party shall ensure the electronic documents or information contain designations of Confidential Information pursuant to Subparagraph 2.1, so that if any electronic information is printed, the designation will appear on the printed copy.

         2.3 Depositions.

         Deposition testimony shall be treated as containing Confidential Information under the terms of this Protective Order if so designated at any time on the record during the deposition or otherwise in writing within thirty (30) days after receipt of a deposition transcript. The party making such a designation will indicate the pages or sections of the transcript that are to be treated as confidential. The designation of documents as “Confidential - Subject to Protective Order” means that the testimony or transcript portions so designated qualify for the protections herein. All parties in possession of a copy of a designated deposition transcript shall appropriately label or mark it as containing Confidential Information.

         3. Handling of Confidential Information.

         3.1 Authorized Disclosures.

         The parties shall not disclose or disseminate documents or other information designated Confidential Information ...


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