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Ideus v. Teva Pharmaceuticals USA, Inc.
United States District Court, D. Nebraska
February 15, 2017
Stephanie Ideus Plaintiff,
Teva Pharmaceuticals USA, Inc., and Teva Women's Health, Inc., Defendants.
PROPOSED PROTECTIVE ORDER
R. ZWART UNITED STATES MAGISTRATE JUDGE.
Order allows the parties to this action to designate certain
documents produced in discovery - for example, documents
containing trade secrets or other proprietary and
confidential research, development, or commercial
information, or documents containing confidential personal
information, including information deemed confidential by
operation of the Code of Federal Regulations, such as
information identifying anyone who reports an alleged adverse
drug reaction or anyone who allegedly experienced an adverse
drug reaction - as confidential and subject to an enhanced
level of protection from disclosure. This Order strikes an
appropriate balance between the parties' interests in
prosecuting and defending this case, the judicial interest in
the efficiency and integrity of the discovery process, and
the public interest in access to information. Therefore, due
notice having been given, and the Court being duly advised in
the premises, the Court enters the following Order:
1. When used in this Order, the following words shall have
the following meanings:
“Documents” means (1) all written, recorded or
graphic matter whatsoever and information produced on
computer disks or tapes, including all written materials, and
(2) any copies, reproductions or summaries of the foregoing,
including microfilmed, imaged or electronic copies.
“Discovery Materials” means (1) documents or
other information produced by any party or third person,
whether pursuant to the applicable civil rules, by subpoena
or by agreement, other than documents that are publicly
available; (2) interrogatory or other discovery responses;
and (3) deposition testimony of any party or third person
taken in this action, exhibits thereto and/or any videos or
transcripts thereof, whether in written or computer format,
and all contents of the foregoing.
“Producing Party” means any party or third person
producing discovery materials, whether pursuant to the
applicable civil rules, by subpoena, or by agreement.
“Receiving Party” means any party receiving
discovery materials from a producing party, whether pursuant
to the applicable civil rules, by subpoena, or by agreement.
“Disclose” (and any variant thereof) means to
show, give, make available, reproduce, or communicate any
discovery materials, or any part or content thereof.
“Confidential Discovery Materials” means any
discovery materials that are designated in good faith as
“Confidential” by any party or third person.
Confidential Discovery Materials are those materials that
constitute or contain personal medical information or other
personal information pertaining to research subjects or
patients, reporters of alleged adverse drug events or persons
or entities identified in such reports; trade secrets or
other confidential research, development, or commercial
information which may include proprietary information such as
costs, pricing, budgets, customer lists and data, distributor
lists and agreements, personnel files, and other private and
personal information relating to employees; product
formulations, manufacturing procedures and standards,
financial data, identity of suppliers, identity of
manufacturers, trade secrets, consumer data, confidential
research, business plans, strategies and data, marketing
plans and strategies, and any other confidential or
“Attorneys of Record” means attorneys of record
for any of the parties to this action, members of the firm of
the attorneys of record for the parties, and any in-house
attorneys who are employed by the parties.
2. Any Confidential Discovery Materials produced by the
producing party and designated as such shall be used solely
for the purposes of this litigation and shall not be used for
any other legal action, except by agreement of the parties or
subject to a Court Order.
3. Disclosure of Confidential Discovery Materials other than
in accordance with the terms of this Order may subject the
disclosing party to such sanctions and remedies as the Court
may deem appropriate.
4. Subject to the terms, conditions, and restrictions of this
Order, Confidential Discovery Materials marked
“Confidential” may be disclosed only to the
following persons and only to the extent such persons have a
legitimate need to know the ...
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