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Wanner v. Hormel Foods, Inc.

United States District Court, D. Nebraska

October 13, 2016

JAMES WANNER, Plaintiff,
v.
HORMEL FOODS, INC. and UNITED FOOD & COMMERCIAL WORKERS LOCAL UNION NO. 293, Defendant.

          STIPULATED PROTECTIVE ORDER

          CHERYL R. ZWART UNITED STATES MAGISTRATE JUDGE

         Plaintiff James Wanner ("Plaintiff ') and Defendants Hormel Foods Corporation ("Defendant Hormel") and United Food & Commercial Workers Local Union No. 293 ("Defendant Local No. 293") ("Defendants") (all collectively the "Parties " or separately a "Party"), by and through their respective counsel, have stipulated to the terms of this Protective Order. The Court, being fully advised of its content, and for good cause shown, hereby ORDERS:

         1. Purpose of Order.

         The purpose of this Order is to prevent the disclosure of matters deemed confidential under the terms of this Order and to facilitate the exchange of information between the Parties. The Order is necessary to protect all the parties and other persons from annoyance and embarrassment. Discovery in this case may seek private information concerning all the Parties and nonparties, including, for example, but not limited to, the personnel files of current and/or former employees of Defendant Hormel; info1mation concerning current or fo1mer union members of Defendant Local Un ion No. 293; or documents concerning Defendants' financial status, internal policies, personnel and operational policies, or other non-public, confidential ru1d/or proprietary information regarding Defendants' business operations.

         The privacy interests in such info1mation substantially outweigh the public 's right of access to judicial records. Good cause exists for the issuance of a protective order under Federal Rule of Civil Procedure 26(c), in order to prevent and/or limit the disclosure of documents and information the Parties' appropriately deem confidential.

         2. Confidential Information.

         Without waiving any objections as to the discoverability of such information, the Parties have agreed that certain categories of documents and information, if produced or disclosed during this litigation, shall be used only for purposes of this lawsuit and w ill be treated as Confidential Information. The Parties have further agreed that this shall include, but is not necessarily limited to, information relating to the following topics: confidential personal, personnel, or human resources related inf01mation of Defendant Hormel's current and former employees who are not parties to this lawsuit; confidential personal or employment related information of Defendant Local No. 293's current or former union members who are not parties to this lawsuit; confidential financial and/or net worth information regarding Defendants; confidential and non-public information regarding Defendants' business operations, internal processes and policies, personnel and operational policies, and other info1mation regarding Defendants' business operations.

         3. Designating Material as Confidential.

         Any Party to this action may designate as confidential any document or discovery response produced after entry of this Order by conspicuously stamping or labeling the document or discovery response with the word "Confidential." Any "Confidential" indication or designation shall apply not only to the original materials, but also to all copies, excerpts, abstracts, analyses, and summaries thereof. Documents and information produced by any of the Parties shall not be treated as confidential pursuant to this Order unless they are stamped or labeled in such a fashion, except as otherwise provided in this Order. The inadvertent failure to designate material as "Confidential" does not preclude a Party from subsequently making such a designation, and, in that case, the material (and any copy of the material) is treated as such only after the material has been properly designated.

         Parties to this action also may designate deposition testimony as Confidential Information by advising opposing counsel in writing within 30 days after receipt of a copy of the transcript, or at such other time as may be mutually agreed upon by the Parties, of the pages and lines of the deposition that the designating Party requires to be treated as confidential. All deposition transcripts shall be treated as Confidential Information until the expiration of 30 days after receipt of a copy of the transcript unless otherwise agreed to by the Parties in writing or on the record at the deposition. Any Party may, on the record at the deposition, designate deposition testimony as Confidential Information by advising al1 persons present that the Party believes that the portion of the deposition in question falls under the scope of this Order.

         4. Disclosure of Confidential Information.

         Confidential Information is to be treated as such by the Party or other person receiving the material and shall be utilized by such Party or other person only for the prosecution or defense of this case and in accordance with the provisions of this Stipulated Protective Order. Except as agreed upon by the Parties, or ordered by the Court, disclosure of Confidential Inf01mation is limited to:

(a) the Parties (including the corporate representatives of Defendants and their respective former and/or current officers, ...

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