United States District Court, D. Nebraska
KRISTINA M. CARTER, Plaintiff,
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
OF OMAHA, BERT MILLER, and COREY GORDEN, Defendants. RYAN J.
WIESEN, Assistant City Attorney Omaha/Douglas Civic Center
Attorney for the Defendants
R. Zwart United States Magistrate Judge
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.
Court being advised in the premises, finds that the following
Protective Order is appropriate.
ORDERED, ADJUDGED, AND DECREED AS FOLLOWS:
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.
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
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.
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.
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.
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.
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.
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 ...