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Fergin v. Westrock Co.

United States District Court, D. Nebraska

September 1, 2017

MICHAEL FERGIN, and ACE AMERICAN INSURANCE CO, Plaintiffs,
v.
WESTROCK COMPANY, MAGNUM LTL, INC., XPO, and MAGNUM DEDICATED, INC., Defendants.

          ORDER ON JOINT PROTECTIVE ORDER

          Michael D. Nelson United States Magistrate Judge

         THIS MATTER COMES BEFORE THE COURT on the Parties' Joint Proposed Protective Order. Specifically, the Parties have indicated that they agree that during the course of discovery it may be necessary to disclose certain confidential information relating to the subject matter of this action. They agree that certain categories of such information should be treated as confidential, protected from disclosure outside this litigation, and used only for purposes of prosecuting or defending this action and any appeals. The parties have, therefore, jointly requested entry of this proposed Protective Order to limit the disclosure, dissemination, and use of certain identified categories of confidential information. Protection of the identified categories of confidential information is necessary because confidential information may need to be disclosed during the course of discovery for this case. For good cause shown, this Court GRANTS the Motion for Protective Order (Filing No. 103) and hereby enters the following Protective Order:

         1.Scope.

         All documents and materials produced in the course of discovery of this case, including initial disclosures, responses to discovery requests, all deposition testimony and exhibits, and information derived directly therefrom (hereinafter collectively “documents”), are subject to this Order concerning Confidential Information as set forth below. As there is a presumption in favor of open and public judicial proceedings in the courts, this Order will be strictly construed in favor of public disclosure and open proceedings wherever possible.

         2. Definition of Confidential Information.

         As used in this Order, “Confidential Information” is defined as information that qualifies for protection under Fed. R. Civ. P 26(c)(1)(G) and that the producing party designates 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. As used in this Order, Confidential Information designated as CONFIDENTIAL-SUBJECT TO PROTECTIVE ORDER falls within one or more of the following categories:

a) proprietary, competitive or commercially sensitive business information deemed confidential by a Party;
b) information that contains or reveals trade secrets;
c) technical, commercial or financial information that the Party has maintained as confidential;
d) financial information that is generally unavailable to the public;
e) personal identity information including social security numbers, dates of birth or other identifying information;
f) personnel or employment records of a person;
g) state and federal income tax returns (including attachments);
h) information relating to customers and vendors, including identities, terms, pricing information and transactional histories;
i) information relating to business practices.

         Information or documents that are available to the public may not be designated as Confidential Information.

         3. Form and Timing of Designation.

         The producing party may designate documents as containing Confidential Information and therefore subject to protection under this Order by marking or placing the words CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER (hereinafter “the marking”) on the document and on all copies in a manner that will not interfere with the legibility of the document. The designating party shall designate for protection only those parts of material, documents, items, or oral or written communications that qualify so that other portions of the material, documents, items, or communications for which protection is not warranted are not included within the designation. As used in this Order, copies include electronic images, duplicates, extracts, summaries or descriptions that contain the Confidential Information. The marking will be applied prior to or at the time the documents are produced or disclosed. Applying the marking to a document does not mean that the document has any status or protection by statute or otherwise except to the extent and for the purposes of this Order. Copies that are made of any designated documents must also bear the marking, except that indices, electronic databases, or lists of documents that do not contain substantial portions or images of the text of marked documents and do not otherwise disclose the substance of the Confidential Information are not required to be marked. By marking a designated document as Confidential Information, the designating attorney thereby certifies that the document contains confidential Information as defined in this Order.

         4. Inadvertent Failure to Designate.

         Inadvertent failure to designate any document or material as containing Confidential Information will not constitute a waiver of an otherwise valid claim of confidentiality pursuant to this Order, so long as a claim of confidentiality ...


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