United States District Court, D. Nebraska
VAUGHN L. MICHALSKI, Plaintiff,
CARGILL INCORPORATED, DOUGLAS COUNTY, NEBRASKA, A Delaware Corporation, Defendant.
AGREED PROTECTIVE ORDER
M. Bazis United States Magistrate Judge
to Federal Rule of Civil Procedure 26(c), the parties have
agreed to this Protective Order to facilitate document
production and other discovery efforts under the Federal
Rules of Civil Procedure, because confidential personal,
personnel, and/or business information is likely to be
disclosed or produced during the course of discovery in this
protect the respective interests of the parties and to
facilitate the progress of discovery in this case, IT IS
term “CONFIDENTIAL Information” as used herein
shall mean any document, testimony, answers to
interrogatories, or thing that is designated by a party as
“CONFIDENTIAL” as provided in this Protective
parties agree that any party hereto may reasonably and in
good faith designate documents or written discovery responses
as CONFIDENTIAL Information:
(a) In the case of documents produced or written discovery
responses, by stamping the documents
“CONFIDENTIAL” or by giving written notice to the
other party within thirty (30) calendar days after production
of the documents.
(b) In the case of deposition testimony or deposition
exhibits, by making the designation on the record during the
deposition or by giving written notice to the other party
within thirty (30) calendar days after receiving the
transcript of the deposition.
(c) In the case of electronic media, by labeling the outside
of the media or enclosure as CONFIDENTIAL or by designating
individual files within electronic media as CONFIDENTIAL or
by giving written notice to the other party within thirty
(30) calendar days after production of the electronic media.
(d) In the case of documents produced or deposition testimony
given prior to the execution of this Protective Order, by
designating such records or testimony as CONFIDENTIAL by one
of the methods above within thirty (30) days after the mutual
execution of this Protective Order.
(e) A party may designate documents, electronic media or
deposition testimony as CONFIDENTIAL after the time periods
set forth herein if the failure to timely designate those
documents was inadvertent or the result of excusable neglect
and the receiving party is not prejudiced thereby.
any time after the delivery of CONFIDENTIAL Information,
counsel for the party or parties receiving the materials may
challenge the CONFIDENTIAL designation of all or any portion
thereof by providing written notice of such challenge to
counsel for the party disclosing or producing the materials.
Such written notice must be served within thirty (30) days
after the materials have been designated as CONFIDENTIAL and
must identify specifically the documents or testimony being
challenged and the basis for challenging the CONFIDENTIAL
(a) In accordance with Federal Rule of Civil Procedure
26(c)(1), the parties shall in good faith confer with each
other in an effort to resolve the dispute without court
(b) If the parties are unable to agree as to whether the
CONFIDENTIAL designation of discovery material is
appropriate, the party or parties receiving the CONFIDENTIAL
Information shall certify to the Court that the parties
cannot reach an agreement as to the CONFIDENTIAL nature of
all or a portion of the documents. Thereafter, the party or
parties disclosing or producing the CONFIDENTIAL Information
shall have fifteen (15) days from the date of certification
to file a motion for protective order with regard to any
CONFIDENTIAL Information in dispute.
(c) The party or parties producing the CONFIDENTIAL
Information shall have the burden of establishing that the
disputed documents are entitled to CONFIDENTIAL treatment. If
the party or parties producing the CONFIDENTIAL Information
do not timely file a motion for protective order, then the
documents in dispute ...