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Oglesby v. Lesan

United States District Court, D. Nebraska

August 28, 2017

ROBERT OGLESBY, Plaintiff,
v.
AMY LESAN AND CHAD HEIN, Defendants.

          PROTECTIVE ORDER

          Cheryl R. Zwart United States Magistrate Judge

         To facilitate the parties' discovery efforts, and consistent with the court's oral rulings, (Filing No. 94)

         IT IS ORDERED:

1. As used herein:
a. “Confidential Documents” shall mean documents meeting the criteria set forth in Neb. Rev. Stat. § 84-712.05 and produced by the City of Lincoln, Nebraska (“City”), in response to a Fed.R.Civ.P. 45 subpoena issued by Robert Oglesby (“Oglesby”) in the matter of Robert Oglesby v. Amy Lesan and Chad Hein, U.S. District Court for the District of Nebraska (“Court”), 4:16-cv-3189 (“Matter”), but only on the condition that such documents are designated by the City as “CONFIDENTIAL.” Such documents that are CONFIDENTIAL include but are not limited to the LPD investigatory records of Plaintiff Robert Oglesby from 2012 and 2013; LPD policy records regarding electrical weapons; employee personnel and training records of Defendant Chad Hein; the employee disciplinary records of Defendant Chad Hein; and the employee workers' compensation and medical records of Defendant Chad Hein from 2013 to present. The disciplinary documents and records of Taser use of Defendant Hein shall be limited from July 28, 2005 (Defendant Chad Hein's start of employment with the City of Lincoln Police Department) to January 28, 2013 (the date of the incident that is the subject matter of the Matter). The policy records regarding issuance of citations outside the corporate City of Lincoln limits and use of conducted electrical weapons and Tasers shall be limited to those in effect on January 28, 2013 (the date of the incident that is the subject matter of the Matter). The internal affairs investigation records involving Defendant Chad Hein related to the subject matter of the Matter shall be produced subject to this Protective Order. As to any other Internal Affairs records regarding the conduct of Chad Hein, if any, the Court shall conduct an in camera review of such records in existence from July 28, 2005 (Defendant Chad Hein's start of employment with the City of Lincoln Police Department) to January 28, 2013 (the date of the incident that is the subject matter of the Matter) to determine if they are relevant and should be produced. No memoranda from the City Attorney's Office regarding Oglesby's prosecution in Case No. CR13-1841 exist.
b. “Disclosed” shall mean divulged, revealed, described, summarized, paraphrased, quoted, transmitted or otherwise communicated to any Person or Persons in any manner and for any purpose other than as allowed herein;
c. “Oglesby's Attorney” shall include any attorney of record for Oglesby in the Matter and all partners, associates, paralegals, secretaries and other employees of said attorney;
d. “Person” shall mean any individual, corporation, partnership, association, society, unincorporated organization, city, state, republic or governmental agency or employee, or any other entity;
e. “Consultant” shall mean any expert retained or hired by Oglesby or Oglesby's Attorney for consultancy or testimony in the Matter and further shall include in-house experts and/or technical personnel of Oglesby or Oglesby's Attorney; and
f. “Witness” shall mean any individual who may testify in court proceedings or depositions in the Matter.

         2. Confidential Documents shall not be Disclosed by Oglesby or Oglesby's Attorney or anyone else for whom they are responsible for any purpose unrelated to preparing for trial and/or for trial in the Matter and any appeal in the Matter or for any business or competitive purpose. Disclosure other than as provided for herein shall first require written consent of the City, or order of the Court. Oglesby and Oglesby's Attorney shall maintain a list of all Persons to whom Confidential Documents are Disclosed, and shall instruct every Person to whom Confidential Documents are Disclosed that such Confidential Documents are not be Disclosed to any other Person. Confidential Documents may be produced to Oglebsy's Attorney, who shall not allow Oglesby, Consultants, or Witnesses to make copies of the Confidential Documents. Oglesby, Consultants, and Witnesses may only view the Confidential Documents in the presence of Oglesby's Attorney.

         3. Should Oglesby or Oglesby's Attorney wish to challenge a “CONFIDENTIAL” designation by the City, he or she shall first contact the City in good faith to resolve the issue. If the issue cannot be resolved, Oglesby or Oglesby's Attorney may petition the Court for an order as to whether the “CONFIDENTAL” designation is proper. Oglesby and Oglesby's Attorney shall not be obligated to challenge the propriety of a “CONFIDENTIAL” designation at the time it is made, and a failure to do so shall not preclude a subsequent challenge thereto.

         4. If Oglesby or Oglesby's Attorney learns that Confidential Documents have come into the possession of any Person other than in the manner authorized by this Protective Order, Oglesby or Oglesby's Attorney shall take all reasonable measures to prevent further disclosure by such Person and shall immediately provide written notice to the City.

         5. In the event a Confidential Document is used by Oglesby or Oglesby's Attorney at the deposition of any Consultant or Witness, the court reporter shall agree in writing or on the record of such deposition that no copies of the deposition or the deposition exhibit previously identified as a Confidential Document herein shall be made for, delivered, or made available to any Person except the City, Defendant Chad Hein, Oglesby, Oglesby's ...


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