United States District Court, D. Nebraska
KELLY M. BASSETT, individually and as heir of JAMES M. BASSETT, on behalf of herself and all others similarly situated, Plaintiff,
CREDIT BUREAU SERVICES, INC., and C. J. TIGHE, Defendants.
STIPULATED PROTECTIVE ORDER
M. BAZIS, UNITED STATES MAGISTRATE JUDGE
matter is before the Court on the parties' Joint Motion
and Stipulation for Protective Order. (Filing No.
33.) The motion is granted.
IT IS ORDERED as follows:
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. 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 Stipulated Protective Order
entitles them to file confidential information under seal;
subject to the provisions of Local Rule NECivR 7.5 and
General Rule NEGenR 1.3(c).
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 is defined as information that
the producing party designated in good faith and has been
previously maintained in a confidential manner and should be
protected from disclosure and use outside the litigation
because its disclosure and use is restricted by statute or
could potentially cause harm to the interests of the
disclosing party or nonparties. For purposes of this Order,
the parties will limit their designation of
“CONFIDENTIAL” information or items to the
following categories of information or documents:
Proprietary or commercial information relating to any
party's personal, business, personal or confidential
financial information; medical records; and records
restricted or prohibited by statute.
This Order is entered based on the representations and
agreements of the parties and for the purpose of facilitating
discovery. Nothing in this Order will be construed or
presented as a judicial determination that any document or
material designated as Confidential Information by counsel or
the parties is entitled to protection under Fed.R.Civ.P.
26(c) or otherwise until such time as the Court may rule on a
specific document or issue.
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
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 matter.
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