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McGuire v. Cooper

United States District Court, D. Nebraska

August 26, 2016

MEGAN MCGUIRE, Plaintiff,
v.
CORY COOPER, TIMOTHY F. DUNNING, Individually and in his official capacity as Sheriff of Douglas County, Nebraska, and DOUGLAS COUNTY, Defendants.

          Timothy K. Dolan Counsel for Defendant Timothy F. Dunning and Defendant County of Douglas, Nebraska

          Mark Loew Reves Counsel for Plaintiff

          William Rooney, Timothy K. Dolan, Meghan M. Bothe, Deputy Douglas County Attorney's Office

          Arthur Loevy Jon Loevy Cindy Tsai Mark Loevy-Reyes LOEVY & LOEVY

          Cory Cooper Appearing pro se

          Joseph F. Bataillon, Senior Judge.

          AGREED CONFIDENTIALITY ORDER

          Thomas D. Thalken Magistrate Judge.

         The parties to this Confidentiality Order have agreed to the terms of this Order. The Court, having reviewed Parties' Joint Motion for Entry of a Qualified HIPAA Protective Order and for Entry of an Agreed Confidentiality Order finds that good cause is shown; accordingly, it is ORDERED:

         1. The employment records, disciplinary records, and financial documents that may contain sensitive or non-public information regarding Plaintiff, Defendants, non-party witnesses, and non-party employees and agents of Defendants shall be marked "CONFIDENTIAL MATERIAL".

         2. As used in this Order, "Sensitive or non-public information" shall mean information that relates to personal non-employment data contained in employee records, such as addresses, telephone numbers, social security numbers, personal financial data, family information, personal insurance information, or other private norcrmnl information 3. Except as hereinafter provided or upon further order of this Court, no item in the employment records, disciplinary records, and financial documents that may contain sensitive or non-public information regarding Plaintiff, Defendants, non-party witnesses, and non-party employees and agents of Defendants or any description or summary of its contents may be revealed to any person or entity except to the parties in this action (including those law school interns, secretaries, and paralegals employed by the aforementioned, along with attorneys who are assisting counsel in this action and any person retained by Plaintiff or Defendants as an expert in this action) or to the Court.

         4. It is the position of Defendant Timothy F. Dunning and Defendant County of Douglas, Nebraska that the definition of "sensitive or non-public information" shall include information regarding the identities of Douglas County Sheriffs Office employees who were subject to IA investigations that concluded with exoneration or as being unfounded.

         Plaintiff does not agree to the blanket application of the principal defining "sensitive or non-public information" as including information regarding the identities of Douglas County Sheriffs Office employees who were subject to IA investigations that concluded with exoneration or as being unfounded. However, Plaintiff agrees to keep confidential those documents that are labelled confidential by the defendants unless the Plaintiff moves the Court for leave to release the document.

         5. Each individual described in Paragraphs 3 and 4 above, to whom the employment records, disciplinary records, and financial documents that may contain sensitive or non-public information regarding Plaintiff, Defendants, nonparty witnesses, and non-party employees and agents of Defendants are disclosed shall not disclose information or descriptions of the employment records, disciplinary records, and financial documents that may contain sensitive or nonpublic information regarding Plaintiff, Defendants, non-party witnesses, and nonparty employees and agents of Defendants to any other individual, except as provided in the Parties' Joint Motion for Entry of a Qualified HIPAA Protective Order and for Entry of an Agreed Confidentiality Order, or use it for any purpose other than in connection with this action.

         Before the employment records, disciplinary records, and financial documents that may contain sensitive or non-public information regarding Plaintiff, Defendants, non-party witnesses, and non-party employees and agents of Defendants may be disclosed to any person described in Paragraphs 3 and 4, above, he or she shall have first read this Order or shall have otherwise been instructed ...


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