United States District Court, D. Nebraska
GERALD J. KLEIN, on behalf of himself and all similarly situated, Plaintiff,
TD AMERITRADE HOLDING CORPORATION, TD AMERITRADE, INC., and FREDRIC TOMCZYK, Defendants.
D. Thalken United States Magistrate Judge.
matter is before the Court on the parties' Joint Motion
for Entry of Protective Order (Filing No. 137). For good
cause shown, the motion is granted as set forth below.
1 - Proceedings and information governed
Order and any amendments or modifications hereto (Protective
Order) shall govern any document, information, or other thing
furnished by any party or non-party, in connection with this
action. The information protected includes, but is not
limited to, pleadings, answers to interrogatories, answers to
requests for admission, responses to requests for production,
deposition transcripts and videotapes, deposition exhibits,
and other writings or things produced, given or filed in this
action that are designated by a party as “Confidential
Information” in accordance with the terms of this
Order, as well as to any copies, excerpts, abstracts,
analyses, summaries, descriptions, or other forms of recorded
information containing, reflecting, or disclosing such
information. The term “Civil Action” means and
refers to Gerald J. Klein v. TD Ameritrade Holding
Corporation et al., Civil Action No. 8:14cv396-JFB-TDT.
2 - Designation and maintenance of information
“Confidential Information” consists of
information that the disclosing party contends constitutes
trade secrets or other confidential or non-public
information, information affecting the privacy interests of
the parties or non-parties, or proprietary information not
typically disclosed to non-parties without a confidentiality
agreement or protective order.
Documents, information and things produced during the course
of this litigation within the scope of Paragraph 2 above may
be designated by the producing party as containing
Confidential Information by placing on each page and each
thing a legend bearing the term “CONFIDENTIAL” or
by designating the information as Confidential Information by
letter or email within seven (7) days of production.
party may designate information disclosed at a deposition as
Confidential Information by requesting the reporter to so
designate the transcript or any portion thereof at the time
of the deposition. If no such designation is made at the time
of the deposition, any party shall have thirty (30) calendar
days after the receipt of the deposition transcript to
designate, in writing to the other parties and the court
reporter, the transcript or any portion thereof as
Confidential Information. If no such designation is made at
the deposition or within such thirty (30) day calendar period
(during which period, the transcript shall be treated as
Confidential Information, unless the disclosing party
consents to less confidential treatment of all or any portion
of the information), the entire deposition will be considered
devoid of Confidential Information. Each party and the court
reporter shall attach a copy of any final and timely written
designation notice to the transcript and each copy thereof in
its possession, custody, or control, and the portions
designated in such notice shall thereafter be treated in
accordance with this Protective Order.
is the responsibility of counsel for each party to maintain
materials containing Confidential Information in a secure
manner and appropriately identified so as to allow access to
such information only to such persons and under such terms as
is permitted under this Protective Order.
3 - Inadvertent failure to designate/inadvertent
inadvertent failure to designate, withhold or redact any
information as confidential or privileged, or as containing
personally identifiable information (“PII”), will
not be deemed to waive a later claim as to its confidential
or privileged nature, or to stop the producing party from
designating such information as confidential at a later date
in writing and with particularity. The information shall be
treated by the receiving party as confidential from the time
the receiving party is notified in writing of the
provisions of Fed.R.Civ.P. 26 relating to the inadvertent
disclosure of privileged information shall also apply.
a. Upon receiving notice of inadvertent production, the
receiving party shall promptly return, sequester, or destroy
the specified information and any copies it has and may not
use or disclose the information until the claim is resolved.
If the receiving party disclosed the information before being
notified, it must take reasonable steps to retrieve it. The
producing party must preserve the information until the claim
b. If the parties cannot agree as to the claim of privilege
or other basis for non-disclosure, the receiving party shall
present the information to the court under restricted access
for a determination of the claim. Nothing herein shall be
construed to ...