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Ltd. v. Bucks, Inc.

United States District Court, D. Nebraska

December 12, 2017

BUC-EE'S, LTD. Plaintiff,
v.
BUCKS, INC., d/b/a BUCKY'S, and STEVEN BUCHANAN, Defendants.

          PROTECTIVE ORDER

          MICHAEL D. NELSON UNITED STATES MAGISTRATE JUDGE.

         Upon motion of all the parties for a Protective Order pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, IT IS HEREBY ORDERED THAT:

         1. This Protective Order applies to any document, information, electronically stored information (“ESI”), things, answers to interrogatories, responses to requests for admissions, and depositions, testimony adduced at trial or a hearing or any matters in evidence, or other tangible or intangible thing (collectively, “documents”) furnished by a party to any other party, as well as documents furnished by non-parties who receive subpoenas in connection with this action, if and when the documents are designated by a party or non-party as “Confidential” or “Attorneys' Eyes Only” in accordance with the terms of this Protective Order. This Protective Order also applies to copies, excerpts, abstracts, analyses, summaries, descriptions, or other forms of recorded information or data containing, reflecting, or disclosing all or parts of designated documents.

         2. All Confidential Information produced or exchanged in the course of this litigation shall be used solely for the purpose of preparation and trial of this litigation and/or in the related litigation pending in the Southern District of Texas (Civil Action No. 4:17-cv-00818) and for no other purpose whatsoever, and shall not be disclosed to any person except in accordance with the terms hereof.

         3. “Confidential Information, ” as used herein, means information of any type, kind or character which is designated “Confidential” or “Attorneys' Eyes Only” by any of the parties to the action or other person(s) producing the information (including nonparties), whether it be a document, information contained in a document, information revealed during a deposition, information revealed in an interrogatory answer or otherwise. In designating information as “Confidential” or “Attorneys' Eyes Only, ” the designating person will make such designation only as to that information that it in good faith believes contains confidential information. Information or material which is available to the public, including catalogues, advertising materials, and the like shall not be classified.

         4. “Qualified Persons, ” as used herein means:

(a) Outside counsel representing the named parties in the above captioned litigation, and outside counsel representing the named parties in the related litigation pending in the Southern District of Texas (Civil Action No. 4:17-cv-00818), including their respective paralegals, clerks, secretaries, and other persons employed or retained by the named parties' outside counsel to assist outside counsel in the preparation of each such litigation (collectively, “Outside Counsel”);
(b) Up to four (4) employees of each receiving party who are required in good faith to provide assistance in the conduct of this litigation and up to four (4) employees of each party in the Southern District of Texas (Civil Action No. 4:17-cv-00818) who are required in good faith to provide assistance in the conduct of such Texas litigation, including any settlement discussions, and who are identified as such in writing to counsel for the designating party in advance of the disclosure;
(c) Actual or potential independent experts or consultants, including employees and assistants under control of such experts or consultants, who are expressly retained or sought to be retained to assist in the preparation or trial of or consult on this litigation and/or the related litigation pending in the Southern District of Texas (Civil Action No. 4:17-cv-00818), with disclosure only to the extent necessary to perform such work;
(d) Any court reporter or other person involved in recording deposition testimony in this litigation or the related litigation pending in the Southern District of Texas (Civil Action No. 4:17-cv-00818), by any means and acting in that capacity;
(e) The Court (and any appellate court) and any persons employed by the Court whose duties require access to the Confidential Information, including court personnel, jurors and alternate jurors for this litigation and/or the related litigation pending in the Southern District of Texas (Civil Action No. 4:17-cv-00818); and
(f) The in-house counsel of any party, including but not limited to, Buc-ee's in-house counsel H. Tracy Richardson, III and Jeffery Frank Nadalo, and Buck's, Inc.'s in-house counsel Stephen M. Kalhorn.

         5. (a) Information disclosed at (a) the deposition of a party or one of its present or former officers, directors, employees, agents or independent experts retained by counsel for the purpose of this litigation, or (b) the deposition of a nonparty (which information pertains to a party) may be designated by any party as “Confidential” or “Attorneys' Eyes Only” information by indicating on the record at the deposition that the relevant portions of the testimony are “Confidential” or “Attorneys' Eyes Only” and is subject to the provisions of this Order.

         (b) At deposition, the disclosing party shall notify the reporter on the record if any Confidential Information produced by a third party is disclosed. Any party or producing nonparty may also designate information disclosed at such deposition as “Confidential” or “Attorneys' Eyes Only” by notifying the reporter, all counsel of record, and any other affected person in writing within fourteen (14) days of receipt of the transcript that the relevant portions of the transcript should be treated as “Confidential” or “Attorneys' Eyes Only” ...


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