Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Fire Insurance Exchange v. General Electric Co.

United States District Court, D. Nebraska

March 31, 2017

FIRE INSURANCE EXCHANGE, a Nevada foreign corporation, Plaintiff,
v.
GENERAL ELECTRIC COMPANY, a New York corporation; SAMSUNG ELECTRONICS CO., LTD., a foreign entity, Defendants.

          STIPULATED PROTECTIVE ORDER OF CONFIDENTIALITY

          F.A. Gossett, III, United States Magistrate Judge

         1. “Confidential Material.” As used in this Protective Order, confidential material shall refer to information and records of any party protected as trade secrets, or commercially sensitive or confidential information pursuant to state and federal law. Additionally, confidential materials shall refer to any of the following containing a party's protected trade secrets, commercially sensitive or confidential information pursuant to state and federal law: (a) documents produced by any Party at any time in this Lawsuit; (b) the Party's interrogatory answers, responses to document requests and responses to requests for admissions; (c) transcripts of depositions or portions of deposition testimony of the Party's employees and/or designees or experts; and (d) other information produced by any Party in the course of this Lawsuit. Any Party may designate any of the foregoing as “Confidential Material” at the time of or within ten (10) days of its disclosure. All confidential material is the exclusive, inalienable property of the producing party.

         2. “Records.” As used in this Protective Order, records shall mean information, both discrete and cumulative, that is inscribed or otherwise recorded on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. Records include both electronic records and printed, typewritten, and other tangible records.

         3. Scope. This Protective Order shall govern confidential material produced or disclosed by the producing party in response to formal or informal discovery conducted in this matter. Nothing in this Protective Order shall be deemed to preclude the producing party's right to: (a) oppose discovery on grounds not addressed under the terms of this Protective Order; or (b) object on any ground to the admission of any confidential material into evidence at trial. Further, nothing contained in this Protective Order shall prejudice the right of any party to contest the alleged relevancy, admissibility, or discoverability of the confidential material sought.

         4. Designation of Confidential Material. The producing party may designate all or any portion of documents, things, and information it produces formally or informally to other parties to this litigation as confidential material. The designation of confidential material shall be made by any practicable means, including placing on the thing so designated, such that it will not interfere with its legibility, an appropriate notice such as the following: “confidential” or “confidential material.” Confidential material will be Bates stamped, if appropriate. All materials designated as confidential material shall be treated as such pursuant to the terms of this Protective Order until further order by the Court.

         5. The inadvertent, unintentional, or in camera production of any confidential material shall not, under any circumstances, be deemed a waiver, in whole or in part, of the confidentiality of the confidential material in question. If the producing party should inadvertently produce any confidential material not responsive to a formal discovery demand and/or an order of the Court, the recipient shall immediately return the confidential material, including all copies thereof, to the producing party, and shall make no use of the confidential material for any purpose.

         6. Objection to Designation. If any party objects to the designation of any record as confidential material, that party shall promptly notify all other parties in writing within thirty (30) days receipt of the confidential material, specifying the factual and legal basis for the objection. If a dispute arises that cannot be resolved by agreement of the parties within 14 days after the time in which the objection was received, it shall be the obligation of the party designating the information as confidential material to file, within 7 days after the 14 day period, an appropriate motion requesting that the Court determine whether the disputed information should be subject to the terms of this Protective Order Pending such determination (or the expiration of the period in which the producing party may make a challenge to an adverse ruling), the records shall be maintained as confidential material. In connection with a motion filed under this provision, the party designating the information as confidential material shall bear the burden of establishing that good cause exists for the information to be treated as confidential. If the designating party fails to file a motion within the prescribed time, the disputed information shall lose its designation as confidential material and shall not thereafter be treated as confidential material in accordance with this Protective Order.

         7. Access to Confidential Material. Access to confidential material shall be limited to authorized persons, solely in the performance of their duties in connection with trial preparation of this case. Authorized persons are:

(a) The parties and counsel of record for the parties to the pending civil action articulated above who have consented to this Protective Order and have signed the Promise of Confidentiality;
(b) Paralegal, secretarial, administrative, and legal personnel working under the direction and control of those counsel of record and who have consented to this Protective Order and have signed the Promise of Confidentiality;
(c) Outside forensic experts and consultants retained by counsel of record who have first consented to this Protective Order and signed the Promise of Confidentiality and agreed in writing to be bound by its terms (specifically excluding attorneys who are not counsel of record for the parties to this civil action);
(d) A deponent, during the course of his or her examination;
(e) Court reporters who record testimony taken in the course of this litigation;
(f) Copy or computer services for the purpose of copying or indexing documents, provided all confidential material is retrieved by the Party furnishing it immediately upon completion of the service; and
(g) Such other persons as may be subsequently designated by either written agreement of the parties after a request by one of them, or by Order of this Court upon motion of any party, after notice to the opposing party.

         Access to confidential material shall not be given to any person or entity not specifically described above, including to members of the general public. However, nothing in this Protective Order shall prohibit the producing party from utilizing the confidential material as it deems appropriate, and any such use by the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.