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Cassidy v. Ditech Financial, LLC

United States District Court, D. Nebraska

December 20, 2016

CHARLES A. CASSIDY and AMY J. CASSIDY, Plaintiffs,
v.
DITECH FINANCIAL, LLC and KOZENY & McCUBBIN, L.C., Defendants.

          STIPULATED PROTECTIVE ORDER

          Thomas D. Thalken United States Magistrate Judge

         This matter is before the Court on the Joint Motion for Entry of Stipulated Protective Order (Filing No. 29) filed by Plaintiffs Charles A. Cassidy and Amy J. Cassidy and Defendants Ditech Financial, LLC and Kozeny & McCubbin, L.C. (collectively, the “Parties”). For good cause shown, the motion is granted and the Court enters this Stipulated Protective Order to govern discovery and other matters in this case:

         1. Stipulation and Agreement of the Parties. In this action, the Parties have sought and are seeking Confidential Information (as defined in paragraph 2 below). The Parties also anticipate that there will be questioning concerning Confidential Information in the course of depositions. The Parties assert the disclosure of such information outside the scope of this litigation could result in significant injury to one or more of the Parties' business interests. The Parties also assert that the need for this Protective Order also applies to any information or materials produced by a nonparty as a result of discovery subpoenas or other requests. The Parties have agreed to the entry of this Protective Order and request the Court enter this Protective Order for the purpose of preventing the disclosure and use of Confidential Information by any party or nonparty except as set forth herein. The terms of this Protective Order shall apply to any information or materials produced by any party or nonparty in this action. Every attorney with the law firms representing the Parties in this case shall be deemed to be subject to this Protective Order and shall be deemed to have actual knowledge of the restrictions herein.

         2. Definition of “Confidential Information.” Under the terms of this Protective Order, “Confidential Information” means any document, file, electronic material, portions of files, transcribed testimony or responses to discovery requests, including any extract, abstract, chart, summary, note or copy made therefrom and designated by one of the parties or a non-party in the manner provided in paragraph 3 below as containing or comprising confidential policies or procedures, proprietary business or financial information the release of which would harm the business interests or otherwise embarrass or invade the privacy of the designating party. Such documents, information or materials may be so designated as Confidential only if they are not otherwise publicly available. A producing non-party shall have the same rights and obligations as a party with regard to such documents, information or things.

         3. Designation of “Confidential Information.” Where any kind of Confidential Information is produced, provided or otherwise disclosed by a party or a nonparty in response to any discovery request or subpoena, including by means of entry onto land or premises or by inspection of books, records, documents, or tangible things, such Confidential Information will be designated in the following manner:

a. By imprinting the words “Confidential, ” as appropriate, on at least the first page or cover of any document produced;
b. By imprinting the words “Confidential, ” as appropriate, next to or above any response to a discovery request;
c. With respect to transcribed testimony, either during the deposition on the record, or by giving written notice to opposing counsel sufficient to designate such portions as “Confidential, ” as appropriate, no later than ten calendar days after receipt of the transcribed testimony; and
d. During a deposition, the deponent or his counsel, or any other counsel of record present at the deposition, may give notice on the record that testimony about to be given is deemed “Confidential, ” as appropriate. If during the course of a deposition, a document or other material that has previously been designated “Confidential, ” is used, then that particular portion of the deposition shall be deemed to be subject to the same level of protection accorded to the designated document without further need of any written designation of the deposition transcript by the designating party.

         4. Treatment of Confidential Information. Any Confidential Information shall be treated as confidential by the parties, their attorneys and persons assisting their attorneys as follows:

a. Confidential Information shall be used only for the purpose of this litigation, including any appeals, and may not be used for any purpose or disclosed in any manner outside the reasonable conduct of this case;
b. Except as provided herein, Confidential Information shall not be disclosed to anyone other than the Court and its staff, the parties hereto, their attorneys of record in this litigation and their employees who are assisting such attorneys in this litigation, any in-house counsel, court reporters who record deposition or other testimony, witnesses, deponents, consultants and/or experts;
c. If any party, attorney or individual shall disclose Confidential Information to a consultant or expert witness, it is the obligation of the disclosing party to provide such person with a copy of this Protective Order and obtain a signed Confidentiality Agreement (in the form attached hereto and marked as Exhibit A) whereby such person agrees to be bound by the terms of this Protective Order. A copy of each executed Confidentiality Agreement shall be maintained by counsel for the disclosing party in a secure place and, upon request, shall produce the same to counsel for the non-disclosing party. If any party discloses Confidential Information to an expert witness who is not expected to be called as a witness at trial (“non-trial expert”), the disclosing party still has the obligation to provide the non-trial expert with a copy of this Protective Order and obtain a signed Confidentiality Agreement (in the form attached hereto and marked as Exhibit A) whereby the non-trial expert agrees to be bound by the terms of this Protective Order. Although a copy of each executed Confidentiality Agreement obtained from such non-trial expert shall be maintained by counsel for the disclosing party in a secure place, a copy of said executed Confidentiality Agreement shall be produced to the non-disclosing party only upon court order; and
d. If any person to whom disclosure is permitted under this Protective Order is a non-party witness or deponent who has not signed a Confidentiality Agreement in the form attached as Exhibit A, then it is the obligation of the disclosing party to ensure that such person is not permitted to retain or make copies of any Confidential Information disclosed to such person, whether such ...

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