United States District Court, D. Nebraska
KD and JD, Parents, Natural Guardians and Next Friends of LD, Plaintiffs,
DOUGLAS COUNTY PUBLIC SCHOOL DISTRICT NO. 001, a/k/a OMAHA PUBLIC SCHOOLS, DANIEL BARTELS, BRIAN ROBESON, JOE DOE and JANE DOE, Real Names Unknown Defendants.
Robb Ackerman, Leigh Campbell Joyce, BAIRD HOLM LLP,
Attorneys for Douglas County School District No. 001, Joe Doe
and Jane Doe.
A. Domina, Brian E. Jorde, S. Ryan Greenwood, DOMINA LAW
GROUP PC LLO, Kathleen Palleson SPETHMAN, PALLESON LAW
OFFICES L.L.C., Attorneys for Plaintiffs.
Clarence E. Mock, JOHNSON & MOCK Attorney for Daniel
STIPULATED PROTECTIVE ORDER
R. Zwart United States Magistrate Judge.
Parties expect the disclosure of documents in this case may
involve the exchange of sensitive information, including,
inter alia, educational information, medical and
counseling information, financial and tax information, other
personal or business financial information, personally
identifying information with respect to Parties, or
employees, and/or other information that would be subject to
protection from public disclosure. Accordingly, the parties
stipulate and agree to, and the Court finds good cause for,
entry of the foregoing Protective Order pursuant to
hereby ordered that:
Treatment of Confidential Information
documents containing information that is to be considered
confidential information pursuant to this Order shall be
marked "CONFIDENTIAL" in large letters on the first
page and on each page of the document on which confidential
information is contained, if a multi-page document is deemed
to be confidential in its entirety, a party may so indicate
by marking "CONFIDENTIAL - ENTIRE DOCUMENT" in
large letters of the first page of the document. Any party
involved in this case, or counsel for such party, may
designate as confidential any document, testimony, or
information disclosed, or to be disclosed, or portion
thereof, if the materia! includes sensitive information. Such
designation shall, without more, subject the information
produced or provided under said designation to the provisions
of this Confidentiality Agreement.
party in this case, or counsel for such party, may designate
as confidential its responses to interrogatories by labeling
each response "CONFIDENTIAL" However, the parties
or counsel may not designate as "CONFIDENTIAL" any
materials related to a) communications that include or name
any Plaintiff or Defendant Robeson, unless it contains the
names of students or their parents b) any document required
to be disclosed in response to a request made under the
Nebraska Public Records Act, Neb Rev Stat §
84-712 et seq., or under the Federal Freedom of Information
Act, 5 USC § 552, or any other law permitting discovery
of documents or information upon request by a member of the
public, c) any document disclosed previously by the School
District to law enforcement except those that contain names
of students or their parents, or d) any communication about
any Plaintiff between or among any personnel of the defendant
School District or any other parties.
Subject to the limitations in ¶2, Counsel for any party
in this case may designate deposition testimony or any
portion of deposition testimony as confidential by advising
the court reporter and counsel of such designation during the
course of the deposition.
Whenever any material designated as confidential is
identified as an exhibit in the above-captioned case, it
shall be marked "CONFIDENTIAL" and it shall be
subject to all of the requirements of this Confidentiality
Inadvertent failure to designate a document as
"CONFIDENTIAL" may be corrected by supplemental
written notice given as soon as practicable.
parties must have a good-faith basis in fact and law to
designate the material as confidential.
parties shall act in good faith when determining whether any
documents they intend to disclose may contain confidential
information and shall make a good-faith effort to designate
any such material as being "Confidential, "
including but not limited to ...