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Cook v. Acell, Inc.

United States District Court, D. Nebraska

November 30, 2017

JEFFREY E. COOK, Plaintiff,
ACELL, INC., Defendant.


          Cheryl R. Zwart United States Magistrate Judge

         Plaintiff Jeffrey E. Cook (“Cook”) and Defendant ACell, Inc. (“ACell”) (Cook and ACell are hereafter collectively referred to as the “Parties”), by and through their respective undersigned counsel, hereby stipulate and agree to the request for, and entry of, the following Protective Order:

         1. In this action, the Parties are seeking Confidential Information (as defined in Paragraph 2 below). The Parties also anticipate seeking additional Confidential Information during discovery and that there will be questioning concerning Confidential Information in the course of depositions. The Parties assert that the need for this Protective Order also applies to any information or materials produced by a non-party as a result of discovery subpoenas or other requests. The Parties have entered into this Stipulation and request the Court enter the Protective Order for the purpose of preventing the disclosure and use of Confidential Information by any Party or non-party except as set forth herein. The terms of this Protective Order shall apply to any information or materials produced by any Party or non-party as part of discovery in this action. Each and every attorney with the law firms representing the Parties in this case shall be deemed to be subject to this Protective Order and shall be deemed to have actual knowledge of the restrictions herein.

         2. Definition of “Confidential Inform ation .”

         Under the terms of this Protective Order, “Confidential Information” means any document, file, electronic material, portions of files, transcribed testimony, or responses to discovery requests, including any extract, abstract, chart, summary, note, or copy made therefrom - not made available to the public - and designated by one of the Parties or a non-party (in the manner provided in Paragraph 3 below) as containing or comprising confidential or sensitive information or other trade secrets or proprietary business information. In connection with this Stipulation and Protective Order, Confidential Information shall constitute documents, information or materials the release of which would harm one of the Parties, including but not limited to, medical information related to Cook, non-public financial or business records, personnel records of non-parties, internal personnel policies and procedures of ACell and any affiliate entity, and other information which is private in nature and may have the effect, if not deemed to be confidential, of embarrassing, humiliating or otherwise invading the privacy of a Party, and could potentially cause significant public and private harm, humiliation and exposure to the Parties. Such information or materials may only be so designated if they are not otherwise publicly available.

         3. Design ation of “Confidential Information .”

         Where any kind of Confidential Information is produced, provided or otherwise disclosed by a Party or a non-party in response to any discovery request or subpoena, including by means of entry onto land or premises or by inspection of books, records, documents, or tangible things, such Confidential Information will be designated in the following manner:

a. By imprinting the word “Confidential” on at least the first page or cover of any document produced;
b. By imprinting the word “Confidential” next to or above any response to a discovery request; and
c. With respect to transcribed testimony, either during the deposition on the record, or by giving written notice to opposing counsel sufficient to designate such portions as “Confidential” no later than twenty (20) calendar days after receipt of the transcribed testimony.
During a deposition, the deponent or his counsel, or any other counsel of record present at the deposition, may give notice on the record that testimony about to be given is deemed “Confidential”. If during the course of a deposition, a document or other material that has previously been designated “Confidential” is used, then that particular portion of the deposition shall be deemed to be subject to the same level of protection accorded to the designated document without further need of any written designation of the deposition transcript by the designating party.

         4. Restrictions on Confidential Information. All Confidential Information provided by a Party or a non-party in response to a discovery request, in connection with a deposition, or as transcribed testimony shall be subject to the following restrictions:

a. Confidential Information shall be used only for the purpose of this litigation and not for any business or other purpose whatsoever.
b. Confidential Information shall not be communicated or disclosed by any Party's counsel or a Party in any manner, either directly or indirectly, to anyone except for purposes of this litigation.
c. Confidential Information may only be disclosed or communicated to the following persons:
i. The Parties' outside counsel of record in this action and any regular or temporary employees of such counsel to whom it is necessary that the information or material ...

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