United States District Court, D. Nebraska
KIMBERLY MEEKS, on behalf of herself and all other similarly situated; Plaintiff,
NATIONAL ACCOUNT SYSTEMS OF OMAHA, LLC, and THOMAS C. UNDERWOOD, Defendants.
M. Bazis United States Magistrate Judge
matter is before the Court on the parties' Stipulated
Protective Order. (Filing No. 25.) Having considered
the matter, the Stipulation is adopted and approved as set
PURPOSES AND LIMITATIONS
and discovery activity in this action are likely to involve
production of confidential, proprietary, or private
information for which special protection from public
disclosure and from use for any other purpose other than
prosecuting this litigation may be warranted. Accordingly,
the parties have stipulated to and petitioned the Court to
enter this Protective Order. The parties acknowledge that
this Order does not confer blanket protections on all
disclosures or responses to discovery and that the protection
it affords from public disclosure and use extends only to the
limited information or items that are entitled to
confidential treatment under the applicable legal principles.
The parties further acknowledge, as set forth in Section
12.3, below, that this Protective Order entitles them to file
confidential information under seal; subject to the
provisions of Local Rule NECivR 7.5 and General Rule
Challenging Party: a Party or Non-Party that
challenges the designation of information or items under this
“CONFIDENTIAL” Information or Items:
information (regardless of how it is generated, stored or
maintained) or tangible things that qualify for protection
under Fed.R.Civ.P. 26(c).
Counsel (without qualifier): Outside Counsel of
Record and House Counsel (as well as their support staff).
Designating Party: a Party or Non-Party that
designates information or items that it produces in
disclosures or in responses to discovery as
“CONFIDENTIAL.” 2.5 Disclosure or Discovery
Material: all items or information, regardless of the
medium or manner in which it is generated, stored, or
maintained (including, among other things, testimony,
transcripts, and tangible things), that are produced or
generated in disclosures or responses to discovery in this
Expert: a person with specialized knowledge or
experience in a matter pertinent to the litigation who has
been retained by a Party or its counsel to serve as an expert
witness or as a consultant in this action.
House Counsel: attorneys who are employees of a
party to this action. House Counsel does not include Outside
Counsel of Record or any other outside counsel.
Non-Party: any natural person, partnership,
corporation, association, or other legal entity not named as
a Party to this action.
Outside Counsel of Record: attorneys who are not
employees of a party to this action but are retained to
represent or advise a party to this action and have appeared
in this action on behalf of that party.
Party: any party to this action, including all of
its officers, directors, employees, consultants, retained
experts, and Outside Counsel of Record (and their support
Producing Party: a Party or Non-Party that produces
Disclosure or Discovery Material in this action.
Professional Vendors: persons or entities that
provide litigation support services (e.g., photocopying,
videotaping, translating, preparing exhibits or
demonstrations, and organizing, storing, or retrieving data
in any form or medium) and their employees and
Protected Material: any Disclosure or Discovery
Material that is designated as “CONFIDENTIAL.”
2.14 Receiving Party: a Party that receives
Disclosure or Discovery Material from a Producing Party.
protections conferred by this Order cover not only Protected
Material (as defined above), but also (1) any information
copied or extracted from Protected Material; (2) all copies,
excerpts, summaries, or compilations of Protected Material;
and (3) any testimony, conversations, or presentations by
Parties or their Counsel that might reveal Protected
Material. However, the protections conferred by this Order do
not cover the following information: (a) any information that
is in the public domain at the time of disclosure to a
Receiving Party as a result of publication not involving a
violation of this Order, including becoming part of the
public record through trial or otherwise; and (b) any
information known to the Receiving Party after the disclosure
from a source who obtained the information lawfully and under
no obligation of confidentially to the Designating Party. Any
use of Protected Material at trial shall be governed by a
separate agreement or order.
after final disposition of this litigation, the
confidentiality obligations imposed by this Order shall
remain in effect until a Designating Party agrees otherwise
in writing or a court order otherwise directs. Final
disposition shall be deemed to be the later of (1) dismissal
of all claims and defenses in this action, with or without
prejudice; and (2) final judgment herein after the completion
and exhaustion of all appeals, rehearings, remands, trials,
or reviews of this action, including the time limits for
filing any motions or applications for extensions of time
pursuant to applicable law.
DESIGNATING PROTECTED MATERIAL
Exercise of Restraint and Care in Designating Material
Party or Non-Party that designates information or items for
protection under this Order must take care to limit any such
designation to specific material that qualifies under the
appropriate standards. The Designating Party must designate
for production only those parts of material, documents,
items, or oral or written communications that qualify - so
that other portions of the material documents, items, ...