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Carter v. City of Omaha

United States District Court, D. Nebraska

November 18, 2016

KRISTINA M. CARTER, Plaintiff,
v.
THE CITY OF OMAHA, a political subdivision of the State of Nebraska; BERT MILLER, individually and in his official capacity as an officer of the City of Omaha Police Department; and COREY M. GORDEN, individually and in his capacity as an officer of the City of Omaha Police Department, Defendants.

          KRISTINA M. CARTER, Plaintiff. SHERI LONG COTTON, Attorney for the Plaintiff

          CITY OF OMAHA, BERT MILLER, and COREY GORDEN, Defendants. RYAN J. WIESEN, Assistant City Attorney Omaha/Douglas Civic Center Attorney for the Defendants

          PROTECTIVE ORDER

          Cheryl R. Zwart United States Magistrate Judge

         This matter came before the Court upon the parties' Stipulation for a Protective Order to establish and maintain the confidentiality of certain documents and other things that may be produced by either party during the course of this litigation (hereinafter, “items”), including, but not limited to, items in the City of Omaha Police Department Internal Affairs Unit records from its investigation and resolution of complaints against the Defendant Bert Miller, and any documents maintained by the Internal Affairs Unit pertaining to other reports or complaints concerning the Defendant.

         This Court being advised in the premises, finds that the following Protective Order is appropriate.

         IT IS ORDERED, ADJUDGED, AND DECREED AS FOLLOWS:

         1. In addition to the City of Omaha Internal Affairs investigative file related to the Plaintiff's complaint about the events of March 28, 2015, the contents of which shall be subject to this Protective Order, counsel for the parties shall identify any other items proposed to be included in this Protective Order and shall make a good faith effort to agree on which items shall be included. The written consent of opposing counsel to the inclusion of specified items, whether by a document or electronically, shall be sufficient to bring those items within the coverage of this Order. Until such time as an agreement can be reached, all documents that are identified as confidential when provided shall remain protected pursuant to this Order.

         2. If the parties cannot agree on the inclusion of additional items, they shall provide the Court with a list of the items, described with sufficient particularity to enable the Court to understand the nature of each item, together with a brief statement of the party's reason(s) for or against inclusion.

         3. The party producing the protected items shall mark them as confidential prior to copying, or by agreement between counsel, the receiving party shall mark the copies as confidential promptly after receipt.

         4. Neither the protected items, nor any written or electronic abstract or summary of the contents, shall be disseminated, disclosed, revealed, or released to any person or entity. The protected items, however, may be disclosed by receiving counsel in whole or in part to persons regularly employed by receiving counsel or by written contract assisting counsel in the preparation and presentation of this case, to parties to this litigation, and the Court and its personnel.

         5. Any person or entity to whom protected items are disclosed by receiving counsel pursuant to Paragraph 4 shall not re-disclose all or any part of the protected items.

         6. Prior to any disclosure authorized by Paragraph 4 above, each person to whom disclosure is to be made shall be provided with a copy of this Protective Order, and shall agree in writing to be bound by its terms and conditions.

         7. All copies shall be made by employees of counsel for the parties without disclosing the material to any outside firm or person unless approved by counsel for the disclosing party.

         8. All copies shall be considered to be protected items to the same extent as the original material, and use of any copy shall be subject to the terms of this Protective ...


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