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Sunderman v. Owen Industries, Inc.

United States District Court, D. Nebraska

September 19, 2016

JOHN R. SUNDERMAN, Plaintiff,
v.
OWEN INDUSTRIES, INC., an Iowa Corporation, Defendant.

          OWEN INDUSTRIES, INC., Defendants, Brian J. Brislen, #22226 Robert J. Murray, #12995 Shivani Sharma, #25959 Lamson, Dugan & Murray, LLP ATTORNEYS FOR DEFENDANT

          JOHN R. SUNDERMAN, Plaintiff, Robert T. Cannella, #10579 Gerald L. Friedrichsen, #15898 Fitzgerald, Schorr, Barmettler & Brennan, P.C., L.L.O. ATTORNEYS FOR PLAINTIFF

          STIPULATED PROTECTIVE ORDER

          Thomas Thalken United States Magistrate Judge.

         Upon the stipulation of the parties, and the Court's acceptance of the same, IT IS HEREBY ORDERED that a Protective Order is granted and entered as follows:

         1. Nondisclosure of Confidential Documents and/or Information.

         (a) "Document" means, without limiting its generality, any physical thing containing information or any written, electronic, recorded, graphic or other matter, whether produced, printed, reproduced, or stored on paper, cards, tapes, disks, belts, charges, film, computer storage devices or any other medium, including but not limited to all documents necessary to the comprehension or understandings of any designated document, such as computer code or metadata, and includes but is not limited to originals, drafts, redrafts and each separate copy of each document, and further includes pleadings, memoranda, discovery responses and other documents filed, served or exchanged in the above captioned action.

         (b) “Information” shall mean all knowledge or information, regardless of the form in which such knowledge or information is communicated, and including the contents of any written or electronic documents, testimony or other communications.

         (c) All Documents and Information produced in discovery (including in response to subpoenas to third parties) shall be used only for purposes of preparation and trial in this action or other litigation (if any) between the parties (including appeals and retrial) and shall not be used for any other purpose, except: as may be agreed or consented to by the parties on request with respect to particular Documents and Information (with consent not being unreasonably withheld); for internal legitimate business purposes without disclosure to third parties; and in response to a subpoena or similar request in a court or administrative proceeding.

         (d) Except with prior written consent of the party designating a Document or Information to be protected from disclosure or as set forth in Paragraph 2 below, no Document or Information designated as CONFIDENTIAL may be disclosed to any person or entity. A party (including a third party subpoena recipient) who produces a Document or Information, or concerning whom a Document or Information (produced by others) relates, may designate it as CONFIDENTIAL when the party in good faith believes it contains proprietary information, trade secrets, privileged information, or nonpublic technical, financial, personal or business information. A Document or Information designated as CONFIDENTIAL means any document which bears the legend CONFIDENTIAL and the Information contained therein, or, if it is not feasible to label the Document or Information, which the producing party indicates via cover letter or otherwise at the time of production, provision or communication is being produced, provided or communicated as CONFIDENTIAL, or which (and from the date of such indication) the non-producing designating party indicates as CONFIDENTIAL.

         (e) A party receiving from another party any Document or Information that has been designated as CONFIDENTIAL may in good faith object in writing to the designation and must state the reasons for such objection with respect to each item. The parties shall then meet and confer in good faith regarding the objection and designation. If the parties are unable to come to an agreement regarding the objection and designation, the party challenging the designation shall be obligated either to withdraw the objection or to file a motion with the Court challenging such designation, with the designating party retaining the burden of demonstrating the appropriateness of the designation. The party objecting to the designation shall treat the Document and/or Information whose designation is objected to as CONFIDENTIAL in accordance with this Order until there is a ruling by this Court sustaining the objection or the designation.

         (f) This Stipulated Protective Order shall be without prejudice to the right of any party to: bring before the Court at any time the question of whether any Information or Documents (or other discovery) are confidential or are appropriate for protective relief; object to the production of any Information or Documents (or other discovery) the party reasonably considers not subject to discovery or object to their use at trial; and/or apply to or move the Court for an order compelling production of or seeking other protective relief concerning any Information or Documents (or other discovery) or modifying this Stipulated Protective Order.

         2. Permissible Disclosures of CONFIDENTIAL Documents and/or Information.

         Notwithstanding Paragraph 1 above, a Document or Information designated as CONFIDENTIAL may be disclosed to:

         (a) the parties, their employees, and their legal counsel (including ...


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