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TCW Construction, Inc. v. Western Engineering Co., Inc.

United States District Court, D. Nebraska

February 13, 2017

TCW CONSTRUCTION, INC., a Nebraska corporation, Plaintiff,
v.
WESTERN ENGINEERING COMPANY, INC., an Iowa corporation, Defendant.

          TCW CONSTRUCTION, INC., Plaintiff, REMBOLT LUDTKE LLP, Timothy R. Engler Timothy R. Engler (#15940) Robert L. Nefsky (#15449), Thomas A. Grennan Thomas A. Grennan (#15675) GROSS & WELCH, P.C., L.L.O.

          WESTERN ENGINEERING COMPANY, Defendant, Cassem, Tierney, Adams, Gotch & Douglas, Ronald F. Krause Ronald F. Krause - 15980 Michael K. Huffer - 18087

          PROTECTIVE ORDER

          CHERYL R. ZWART UNITED STATES MAGISTRATE JUDGE.

         To protect the confidentiality of confidential information sought to be discovered in this action, Plaintiff TCW Construction, Inc. (“Plaintiff”) and Defendant Western Engineering Company, Inc. (“Defendant”) (collectively the "Parties" or individually a "Party"), through their undersigned counsel, jointly request that the Court enter this Protective Order. Upon Stipulation of the Parties (Filing No. 24), and the Court's acceptance of the same, IT IS ORDERED that the Protective Order is granted and entered as follows:

         1. The terms and conditions of this Protective Order shall govern the production and handling of documents and things (including Electronically Stored Information), answers to interrogatories, depositions, exhibits, pleadings and other information exchanged by the Parties, in this action. This Protective Order is made without prejudice to the Parties' rights to stipulate to other terms of confidentiality regarding Confidential Information as defined herein.

         2. The Parties anticipate that they will seek information that may be designated as containing confidential, proprietary, business, commercial, technical, scientific, financial, personnel, and/or trade secrets information that is not generally known and that the designating party would not normally reveal to third parties or would cause third parties to maintain in confidence, or information, the present disclosure of which would, in the good faith judgment of the designating party, be detrimental to the designating party in the conduct of its business (hereinafter "Confidential Information").

         3. When used in this Protective Order, the word "documents" means all written, recorded, graphic, or Electronically Stored Information whatsoever including, but not limited to, documents produced by a producing Party to this action whether pursuant to Federal Rules of Civil Procedure 34, a subpoena, or by agreement.

         4. For purposes of this Protective Order, the term “Party” includes a Party's agents, attorneys, directors, employees, members, officers and partners.

         5. The protections afforded by this Protective Order shall in no way affect a Party's right to withhold Confidential Information as privileged under the Attorney-Client Privilege, any other applicable privilege, the Attorney Work-Product Doctrine, or as otherwise exempted from discovery pursuant to the laws of the United States or the State of Nebraska.

         6. A Party may designate Confidential Information as “CONFIDENTIAL” under this Protective Order if the designating party reasonably believes that such materials and information contain non-public, confidential, technical, proprietary, financial, secret or other commercially sensitive or otherwise private information.

         7. Any documents produced or Confidential Information provided by a Party, pursuant to or in response to any discovery request or by agreement, may be designated by the responding party as Confidential Information in the following manner:

a) By imprinting the word "CONFIDENTIAL" on the first page or cover of any document produced;
b) By imprinting the word "CONFIDENTIAL" next to or above any answer to any interrogatory or any other discovery request;
c)With respect to portions of a deposition transcript, by making arrangements with the attending court reporter to bind the confidential portion(s) of such transcripts separately ...

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