United States District Court, D. Nebraska
Gossett United States Magistrate Judge.
matter comes before the court on the Parties' Joint
Motion for Entry of Protective Order (Filing No.
23). Specifically, the Parties have indicated that they
agree that during the course of discovery it may be necessary
to disclose certain confidential information relating to the
subject matter of this action. They agree that certain
categories of such information should be treated as
confidential, protected from disclosure outside this
litigation, and used only for purposes of prosecuting or
defending this action and any appeals. The parties have,
therefore, jointly requested entry of this proposed
Protective Order to limit the disclosure, dissemination, and
use of certain identified categories of confidential
information. Protection of the identified categories of
confidential information is necessary because confidential
information may need to be disclosed during the course of
discovery for this case. For good cause shown under
Fed.R.Civ.P. 26(c), IT IS ORDERED: The Parties' Joint
Motion for Entry of Protective Order (Filing No. 23)
FURTHER ORDERED: The court hereby enters the following
documents and materials produced in the course of discovery
of this case, including initial disclosures, responses to
discovery requests, all deposition testimony and exhibits,
and information derived directly therefrom (hereinafter
collectively “documents”), are subject to this
Order concerning Confidential Information as set forth below.
As there is a presumption in favor of open and public
judicial proceedings in the federal courts, this Order will
be strictly construed in favor of public disclosure and open
proceedings wherever possible.
of Confidential Information.
in this Order, Confidential Information is defined as
information that the producing party designates in good faith
has been previously maintained in a confidential manner and
should be protected from disclosure and use outside the
litigation because its disclosure and use is restricted by
statute or could potentially cause harm to the interests of
disclosing party or nonparties. As used in this Order,
Confidential Information designated as CONFIDENTIAL-SUBJECT
TO PROTECTIVE ORDER falls within one or more of the following
a) proprietary, competitive or commercially sensitive
business information deemed confidential by a Party;
b) information that contains or reveals trade secrets;
c) technical, commercial or financial information that the
Party has maintained as confidential;
d) financial information that is generally unavailable to the
e) personal identity information including social security
numbers, dates of birth or other identifying information;
f) personnel or employment records of a person;
g) state and federal income tax returns (including
h) information relating to customers and vendors, including
identities, terms, pricing information and transactional
i) information relating to business practices.
or documents that are available to the public may not be
designated as Confidential Information.
and Timing of Designation.
producing party may designate documents as containing
Confidential Information and therefore subject to protection
under this Order by marking or placing the words CONFIDENTIAL
- SUBJECT TO PROTECTIVE ORDER (hereinafter “the
marking”) on the document and on all copies in a manner
that will not interfere with the legibility of the document.
As used in this Order, copies include electronic images,
duplicates, extracts, summaries or descriptions that contain
the Confidential Information. The marking will be applied
prior to or at the time of the documents are produced or
disclosed. Applying the marking to a document does not mean
that the document has any status or protection by statute or
otherwise except to the extent and for the purposes of this
Order. Copies that are made of any designated documents must
also bear the marking, except that indices, electronic
databases, or lists of documents that do not contain
substantial portions or images of the text of marked
documents and do not otherwise disclose the substance of the
Confidential Information are not required to be marked. By
marking a designated document as confidential, the
designating attorney thereby certifies that the document
contains Confidential Information as defined in this Order.
Inadvertent Failure to Designate.
failure to designate any document or material as containing
Confidential Information will not constitute a waiver of an
otherwise valid claim of confidentiality pursuant to this
Order, so long as a claim of confidentiality ...