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Scheels All Sports, Inc. v. Vexilar, Inc.

United States District Court, D. Nebraska

August 15, 2016

SCHEELS ALL SPORTS, INC., Plaintiff,
v.
VEXILAR, INC., Defendant.

          STIPULATED PROTECTIVE ORDER

          F.A. Gossett United States Magistrate Judge

         The parties to this action anticipate that they will seek information that the parties may assert as containing confidential, proprietary, business, commercial, technical, scientific, financial, personal, and/or trade secret information that is not generally known and that the designating party would not normally reveal to third parties or would cause third parties to maintain in confidence, or information, the present disclosure of which could, in the good faith judgment of the designating party, be detrimental to the designating party in the conduct of its business. To protect the confidentiality of asserted confidential information sought to be discovered in this action, Plaintiff and Defendant, through their undersigned counsel, jointly request that the Court enter this Stipulated Protective Order. Accordingly, IT IS ORDERED that the Joint Motion for a Protective Order (Filing No. 22) is granted and the Stipulated Protective Order (“Protective Order”) is entered as follows:

         1. This Stipulated Protective Order shall govern the use, handling, and disclosure of all documents, testimony or information produced or given in this action which are designated to be subject to this Stipulated Protective Order in accordance with the terms hereof.

         2. Any party or non-party producing, serving, or filing documents or other materials in this action (“Producing Party”) may designate any discovery materials as “Confidential” under the terms of this Stipulated Protective Order if the Producing Party believes in good faith that such Discovery Materials contain non-public, confidential, proprietary, trade secret, or commercially or personally sensitive information that requires the protections provided in this Stipulated Protective Order. The Producing Party designating documents as “Confidential” shall do so by written notice to opposing counsel which identifies the documents so designated by labeling the document “Confidential” or other reasonable identifying characteristic, and such designation may be made after production in the event a party inadvertently failed to so mark such document(s) as “Confidential”.

         3. All documents, transcripts, or other materials subject to this Stipulated Protective Order, and all information derived therefrom (including, but not limited to, all testimony, deposition, or otherwise), that refers, reflects or otherwise discusses any information designated “Confidential” shall not be used, directly or indirectly, by any person for any business, commercial or competitive purposes or for any purpose whatsoever other than solely for the preparation and trial of this action in accordance with the provisions of this Stipulated Protective Order.

         4. Except with the prior written consent of the individual or entity designating a document or portions of a document or any other information as “Confidential, ” no document, transcript or pleading designated “Confidential” and no information contained in, or derived from any such materials (including but not limited to, all deposition testimony that refers, reflects or otherwise discusses any information designated confidential hereunder) may be disclosed other than in accordance with this Stipulated Protective Order, and may not be disclosed to any person other than:

(a) the Court and its personnel;
(b) parties to this litigation;
(c) counsel for the parties, whether retained counsel or in-house counsel and employees of retained counsel reasonably assigned to assist such counsel in the preparation of this litigation;
(d) court reporters and their staffs;
(e) fact witnesses who are being questioned regarding such information; and
(f) experts specifically retained as consultants or expert witnesses in connection with this litigation who have signed the Nondisclosure Agreement, attached hereto as Exhibit 1;.

         5. All persons receiving any or all documents or any other information produced pursuant to this Stipulated Protective Order shall be advised of their confidential nature before receiving any such documents or information. All persons to whom “Confidential” information and/or documents are disclosed are hereby enjoined from disclosing same to any person except as provided herein, and are further enjoined from using same except in the preparation for and trial of the above-captioned action between the named parties thereto. No person receiving or reviewing such “Confidential” documents, information or transcripts shall disseminate or disclose them to any person other than those described above in Paragraph 4 and for the purposes specified, and in no event shall such person make any other use of such documents, information, or transcripts.

         6. A copy of this Stipulated Protective Order shall be served with a subpoena on any third party. A third party may designate a document as “Confidential” pursuant to this Stipulated Protective Order. Either party may also designate documents produced by a third party as being “Confidential” pursuant to the terms of this Stipulated Protective Order within thirty (30) days of being made aware of the content of such documents. Any document produced by a third party and so designated shall be treated as Confidential pursuant to the terms of this Order. The “Confidential” restriction of this Stipulated Protective Order shall no longer ...


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