United States District Court, D. Nebraska
LISSETTE LARIOS ROOHBAKHSH, as personal representative of the ESTATE OF FATIMA LISSETTE LARIOS and on behalf of next of kin,
BOARD OF TRUSTEES OF THE NEBRASKA STATE COLLEGES, and NELSON LARIOS, as next of kin, Plaintiffs, and CHADRON STATE COLLEGE, Defendants.
MOVE and agree to abide by the terms of this Order Thomas E.
Johnson Counsel for Defendants
MOVE and agree to abide by the terms of this Order
Christopher P. Welsh Counsel for Plaintiffs
R. Zwart United States Magistrate Judge
parties 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 jointly
request entry of this proposed Protective Order to limit the
disclosure, dissemination, and use of certain identified
categories of confidential information.
parties assert in support of their request that protection of
the identified categories of confidential information is
necessary because some of the discovery is anticipated to
seek personal information of nonparty employees and
witnesses, confidential personal identifying information
regarding numerous Chadron State College students and former
student as defined under the Family Educational Rights and
Privacy Act (FERPA) and the Health Insurance Portability and
Accountability Act (HIPAA), and private medical information
regarding the death of plaintiff Fatima Larios.
good cause shown under Fed.R.Civ.P. 26(c), the court grants
the parties' Joint Motion for Protective Order (ECF No.
30) and hereby enters the following Protective Order:
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.
Definition of Confidential Information.
in this Order, “Confidential Information” is
defined as information that the producing party designates in
good faith 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 disclosing party or nonparties. For purposes of
this Order, the parties will limit their designation of
“Confidential Information” to the following
categories of information or documents:
(a) Non-party personnel files and records;
(b) Confidential educational records of third party witnesses
or Chadron State College students or former students;
(c) Fatima Larios's educational, personal and medical
(d) Brandon Finona's educational, personal and medical
or documents that are available to the public may not be
designated as Confidential Information.
Form and Timing of Designation.
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. As used in this Order,
“copies” includes 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, the designating attorney
or party thereby certifies that the document contains
Confidential Information as defined in this Order.
Inadvertent Failure to Designate.
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 is ...