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Higgins v. Union Pacific Railroad Co.

United States District Court, D. Nebraska

September 15, 2017

JON D. HIGGINS, Plaintiff,
v.
UNION PACIFIC RAILROAD CO., Defendant.

          JOINT PROTECTIVE ORDER

          MICHAEL D. NELSON, UNITED STATES MAGISTRATE JUDGE

         This matter comes before the Court on the parties' Joint Motion for Entry of Protective Order (Filing No. 38) to govern disclosure of sensitive information. The parties provided the Court with a proposed protective order signed by counsel for both parties. Accordingly, IT IS ORDERED: The Joint Motion for Entry of Protective Order (Filing No. 38) is granted and the following protective order shall apply in the instant proceedings:

         1. DEFINITIONS. Limitations under this Protective Order on the use or disclosure of documents, deposition testimony or other discovery designated as “Confidential” shall apply to (a) all information, copies, extracts and complete or partial summaries prepared or derived from such documents or testimony; (b) portions of deposition transcripts, answers to interrogatories, responses to requests for admissions, responses to requests for production, initial disclosures and exhibits thereto which directly refer or directly relate to any such information, documents, copies, extracts or summaries; and (c) portions of briefs, memoranda or any other writing filed with the Court and exhibits thereto which directly relate to any such information, documents, copies, extracts or summaries.

         2. CONFIDENTIAL DOCUMENTS/INFORMATION Plaintiff seeks to protect from disclosure confidential physical or mental health information of Plaintiff, and his family members, including but not limited to medical conditions, medical treatment, medical bills or charges, and insurance claims, benefits, and/or payments, as well as his income and tax information. Defendant seeks to protect from disclosure certain personal and sensitive information regarding the employees of Defendant relating to this lawsuit. Before produced documents are copied or inspected, the producing party may stamp as “Confidential” or similar notation on any document or deposition testimony which contains such sensitive information. Documents may also be designated as “Confidential” by written notice to opposing counsel which identifies the documents so designated by Bates number. Documents designated “Confidential, ” deposition testimony so designated, and information derived therefrom will be retained by counsel and will not be used for any purpose other than this litigation and will not be disclosed except pursuant to court order entered after notice, to anyone except:

a. Counsel who have signed this Order approving it as to form and content, attorneys who are employed by Plaintiff, retained outside counsel, in house counsel, law clerks, secretaries or paralegals directly involved in the conduct of this litigation;
b. Experts and consultants retained by a party to this action for purposes of assisting in the preparation or presentation of claims or defenses;
c. Any witness when necessary to the testimony of such witness;
d. Any person who was involved in the preparation of the document;
e. The Court, Court personnel, court reporters and similar personnel;
f. The named parties to this case, excluding their agents and/or representatives except those identified at Paragraph 2(a) above.
g. Individuals selected by the parties to participate in focus groups, mock trials, or other exercises maintained for the preparation for trial of this matter; and
h. Any other person with the prior written consent of the party producing the document, pleading or deposition testimony.

         Prior to receiving or being shown such documents or deposition testimony, persons falling in the categories listed above in subparagraphs (b), (c), (d), (g) and (h) shall be shown a copy of, and shall agree in writing, or on the record during trial or deposition, to be bound by the terms of this Protective Order. During a deposition, any party asserting confidentiality of any of its documents shall ask the deponent on the record to accept the terms of this Order. If the deponent refuses to assent, disclosure of the documents during deposition shall not constitute a waiver of confidentiality. Under such circumstances, the witness shall sign the original deposition transcript in the presence of the court reporter and no copy of the transcript or exhibits shall be given to the deponent.

         3. DOCUMENTS ALREADY PRODUCED. Within ten days of the entry of this Order, parties may inform the party to whom documents have been produced that it considers certain documents already produced ...


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