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Colorado Security Consultants, LLC v. Signal 88 Franchise Group, Inc.

United States District Court, D. Nebraska

February 23, 2017

COLORADO SECURITY CONSULTANTS, LLC, a Colorado limited liability company; TIMOTHY A. SIMAN, individually; and JARED IUNGERICH, individually; Plaintiffs,
v.
SIGNAL 88 FRANCHISE GROUP, INC., a Nebraska corporation; and SIGNAL 88, LLC, a Delaware limited liability company; Defendants.

          STIPULATED PROTECTIVE ORDER

          Cheryl R. Zwart United States Magistrate Judge.

         The Parties, through undersigned counsel, stipulate and move the Court for a Protective Order pursuant to Rule 26(c) of the Federal Rules of Civil Procedure concerning the treatment of Confidential Information and Settlement Information (as hereinafter defined). For good cause shown the motion (Filing No. 38) is granted and the Court enters this Stipulated Protective Order to govern discovery and other matters in this case:

         1. In this action, the Parties have sought, are seeking, and/or will likely seek Confidential Information (as defined in paragraph 2 below) and intend to exchange Settlement Information (as defined in Paragraph 9 below). The Parties also anticipate seeking additional Confidential Information during discovery and 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 or privacy interests. The Parties have stipulated to the entry of this Protective Order for the purpose of preventing the disclosure and use of Confidential Information and Settlement Information except as set forth herein.

         2. “Confidential Information” means any document, file, portions of files, transcribed testimony, or response to a discovery request, including any extract, abstract, chart, summary, note, or copy made therefrom, that has been designated by one of the Parties in the manner provided in Paragraph 3 below. The designation of a document as Confidential Information is a certification by an attorney for the designating Party (or a Party appearing pro se) that the designating Party has reviewed the information and believes, in good faith, that the document contains the designating Party's confidential information, including but not limited to sensitive personal information, private information, trade secrets, confidential business information, proprietary business information, or other confidential information; Confidential Information must be in fact confidential and not publicly available or readily accessible by legitimate means other than a discovery request or subpoena to the disclosing Party.

         3. Where Confidential Information is produced, provided, or otherwise disclosed by a Party in response to any discovery request, it will be designated in the following manner:

a. By imprinting the word “Confidential” on each page of any document produced;
b. By imprinting the word “Confidential” next to or above any response to a discovery request; and
c. With respect to transcribed testimony, by giving written notice to opposing counsel designating such portions as “Confidential” no later than ten calendar days after receipt of the transcribed testimony.

         4. All Confidential Information provided by a Party in response to a discovery request or transcribed testimony shall be subject to the following restrictions:

a. It shall be used only for the purpose of this litigation and not for any business or other purpose whatsoever;
b. It shall not be communicated or disclosed by any Party's counsel or a Party in any manner, either directly or indirectly, to anyone except as reasonably necessary for the conduct of this case and subject to the terms of this Order, and only to a Party's attorney's, officers, directors, and employees with a need to know, the court and its staff, the persons shown on the face of the document to have authored or received it, witnesses to whom disclosure is reasonably necessary, court reporters retained to transcribe testimony, persons who are not Parties to this case who are retained by a Party or its attorneys to serve as mock jurors or to provide technical or expert services and/or to give testimony in this action, and any other person designated by written stipulation of the Parties or by order of the court.

         5. The inadvertent production by either Party of any document without a Confidential designation shall be without prejudice to any claim that such document is Confidential Information. The producing Party shall not be deemed to have waived any rights by such inadvertent production. The producing Party shall give written notice of such inadvertent production within 20 days of discovery of the inadvertent production, together with a copy of the subject document marked as Confidential. Upon receipt of the copy marked Confidential, the receiving Party shall promptly destroy the inadvertently produced document and all copies thereof, and retain only the copy marked Confidential.

         6. Individuals authorized to have Confidential Information pursuant to this Protective Order shall hold Confidential Information in confidence and shall not divulge the Confidential Information, either orally or in writing, to any other person, entity, or government agency unless authorized to do so by this Protective Order, by other court order, or by agreement of the Parties. All Confidential Information received by a Party hereunder shall be stored and maintained at a location and in a manner that ensures that access is limited to persons authorized under this Protective Order to have such access.

         7. The Party's counsel who discloses Confidential Information pursuant to this Protective Order to any individual, including consulting experts, expert witnesses, or employees of a Party, shall require such persons to agree in writing to comply with the terms of this ...


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