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HSG Constructors, LLC v. Peterson

United States District Court, D. Nebraska

February 16, 2017

HSG CONSTRUCTORS, LLC, and INDUSTRIAL SPECIALISTS, LLC, Plaintiffs,
v.
ELIJAH PETERSON Defendant.

          ORDER PROTECTIVE ORDER

          Cheryl R. Zwart United States Magistrate Judge

         To protect the confidentiality of confidential information sought to be discovered in this action, IT IS ORDERED that the Motion for 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. One or more of the Parties anticipates 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 the Federal Rules of Civil Procedure, 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. Counsel for the Parties agree to work together with regard to disputes that arise with regard to the use of this designation; but, if counsel cannot reach a resolution, review of the Court shall be sought prior to such information being shared beyond the category of those persons or entities entitled to review information designated as “CONFIDENTIAL.” 7. The Parties initially agree that a Party may designate Confidential Information as “CONFIDENTIAL - ATTORNEYS' EYES ONLY” under this Protective Order if the designating party reasonably believes that such materials and information contain such highly confidential or proprietary information that their dissemination should be limited to those persons described in paragraph 11 below. Counsel for the Parties agree to work together with regard to disputes that arise with regard to the use of this designation; but, if counsel cannot reach a resolution, review of the Court shall be sought prior to such information being shared beyond the category of those persons or entities entitled to review information designated as “CONFIDENTIAL - ATTORNEYS' EYES ONLY”.

         8. Any documents produced or Confidential Information provided by a Party, pursuant to or in response to any discovery request or by agreement (other than those documents or information previously produced prior to the date of this agreement), may be designated by the responding party as Confidential Information in the following manner:

a) By imprinting the word "CONFIDENTIAL" or “CONFIDENTIAL -ATTORNEYS' EYES ONLY” on the first page or cover of any document produced;
b) By imprinting the word "CONFIDENTIAL" or “CONFIDENTIAL -ATTORNEYS' EYES ONLY” 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 and labeling them as "CONFIDENTIAL" or “CONFIDENTIAL -ATTORNEYS' EYES ONLY;” said designations of restricted testimony or exhibits shall be made within 30 days of receiving the transcript unless otherwise agreed by the Parties; and
d) With respect to electronic information, by describing the information to the fullest extent possible and noting, in writing, that the described information is confidential. If such information is reproduced in paper form, such paper document may also be designated as "CONFIDENTIAL or “CONFIDENTIAL - ATTORNEYS' EYES ONLY."

         9. All documents and information provided by a Party in response to a discovery request, or deposition testimony designated as "CONFIDENTIAL" or “CONFIDENTIAL-ATTORNEYS' EYES ONLY” shall be subject to the following restrictions:

a) They shall be used only for the purposes of (i) this litigation and (ii) litigation or claims relating to former employees of HSG Constructors, LLC (“HSG”), Industrial Specialists, LLC (“ISI”), Brand Energy and Infrastructure Services, Inc. (“Brand”), or any of Brand's other subsidiaries who become employed by Apache Industrial Services, Inc. (“Apache”) or one of Apache's subsidiaries or affiliated companies. These documents shall not be used for any other business or other purposes whatsoever.
b) That all information designated as "CONFIDENTIAL" or “CONFIDENTIAL-ATTORNEYS' EYES ONLY” in whatever format shall be furnished only under the terms of this Protective Order and shall be treated by all persons accorded access pursuant to this Protective Order as constituting Confidential Information and shall neither be used nor disclosed except for the purpose of this litigation, and solely in accordance with this Protective Order or subsequent order of the Court upon motion.
c) Confidential Information shall not be disclosed to anyone except those categories of persons provided herein under the terms of this Protective Order and to whom disclosure is necessary for the purposes associated with this lawsuit. Counsel of record, experts, consultants, and other persons or entities retained to assist a party in this lawsuit who have signed a Nondisclosure Agreement shall appropriately notify such persons that the ...

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