United States District Court, D. Nebraska
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
R. ZWART UNITED STATES MAGISTRATE JUDGE.
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:
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
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
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.
purposes of this Protective Order, the term
“Party” includes a Party's agents, attorneys,
directors, employees, members, officers and partners.
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.
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.
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
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