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Mobley v. West Corp.

United States District Court, D. Nebraska

October 24, 2016

HAROLD L. MOBLEY, Plaintiff,
v.
WEST CORPORATION, Defendant.

          PROTECTIVE ORDER

          Thomas D. Thalken, United States Magistrate Judge

         This matter is before the court on the parties' Joint Motion for Entry of Agreed Protective Order (Filing No. 26). Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, IT IS ORDERED:

         The parties' Joint Motion for Entry of Agreed Protective Order (Filing No. 26) is granted.

         IT IS FURTHER ORDERED:

         1. All Classified Information produced or exchanged in the course of this litigation shall be used solely for the purpose of preparation and trial of this litigation and for no other purpose and shall not be disclosed to any person except in accordance with the terms hereof.

         2. “Classified Information, ” as used herein, means any information of any type, kind or character which is designated as “Confidential, ” including but not limited to documents, information revealed during a deposition, information revealed in an interrogatory answer or otherwise. The parties shall make such designation only as to the information that it in good faith believes contains confidential employment, medical, financial or proprietary business information.

         3. “Qualified Persons, ” as used herein means:

a. Attorneys of record for the parties in this litigation and employees of such attorneys to whom it is necessary that the material be shown for purposes of this litigation;
b. Actual or potential independent technical experts or consultants who have agreed to be bound by the terms of this protective order;
c. The party or party representatives (in cases where the party is a legal entity) to whom it is necessary that the material be shown for purposes of litigation;
d. Any deponent and/or witness in this litigation; provided however that any deponent or witness who is shown confidential information (1) must be instructed to keep the information confidential consistent with the terms of this protective order and (2) may not be provided with copies of the confidential information except in the course of a deposition or in the context of meeting with attorneys of record for the parties in this litigation and employees of such attorneys.
e. Any other person may be designated as a Qualified Person by order of this Court after notice and hearing to all parties.

         4. Documents produced in this action shall be designated as “Confidential” information by marking each page of the document(s) with a stamp stating “Confidential”.

         5. Information disclosed at the deposition of a party or one of its representatives, including former officers or agents, or the deposition of a third party (which information pertains to a party), may be designated by any party as “Confidential.” Once the party receives the transcript of the deposition, they shall notify all of the parties in writing within thirty (30) days of the specific pages and lines of the transcript which should be treated as “Confidential” thereafter. Each party shall attach a copy of such written notice or notices to the face of the transcript and each copy thereof in his ...


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