United States District Court, D. Nebraska
M. Bazis United States Magistrate Judge
matter is before the Court on the parties' Joint Motion
for Protective Order. (Filing No. 17.) The 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 a protective order to limit the disclosure,
dissemination, and use of certain identified categories of
parties assert in support of their request that protection of
the identified categories of confidential information is
necessary because Plaintiff's claims and Defendant's
defenses may necessitate discovery that results in the
disclosure of confidential employment records, personnel
files, tax returns and financial information, and medical
information of Plaintiff, as well as confidential and/or
proprietary business information relating to compensation and
benefits, business transactions, tax returns and financial
information, and plans and operations of Defendant.
considered the matter, the parties' Joint Motion for
Protective Order (Filing No. 17) is granted.
IT IS ORDERED as follows:
a. The term “action” means Tiffany Ridpath v.
Sirius Computer Solutions, Inc., No. 8:17-cv-00363,
pending in the United States District Court for the District
b. The term “Confidential Discovery Material”
means any Discovery Material that has been designated
“Confidential” or “Attorneys Eyes
c. The term “disclose” or
“disclosure” means to show, give, make available,
or communicate in any fashion to any person any Discovery
Material or any portion of Discovery Material.
d. The term “Discovery Material” means all
documents, depositions, interrogatory responses, responses to
requests for admissions, affidavits, exhibits, pleadings,
briefs, memoranda, transcripts, testimony, and any other
information produced, given, submitted to the Court, or
exchanged by and among the parties and any non-parties to
this litigation. Discovery Material includes, but is not
limited to, Confidential Discovery Material.
e. The term “document” has the widest meaning
accorded to it under the Federal Rules of Civil Procedure and
the case law construing it.
f. The term “party” means any party to this
g. The term “person” means any natural person,
corporation, partnership, sole proprietorship, group,
association, organization, business entity, governmental
body, or agency.
h. The term “Producing Person” means any person
who produces or supplies any Discovery Material, and any
person who generated, has rights in, or has an interest in
any Discovery Material.
i. The term “Protective Order” means this Joint
Stipulated Protective Order.This Protective Order governs the
handling of all Discovery Material, whether such Discovery
Material was produced or submitted to the Court prior to or
after the entry of this Protective Order.
j. The term “Receiving Person” means any person
to whom Discovery Material is disclosed by a Producing Person
in response to any discovery method.
Description of “Confidential” and
“Attorneys Eyes Only”.
Producing Person may designate as “Confidential”
any Discovery Material that the Producing Person believes in
good faith to contain trade secrets, confidential or
proprietary business or commercial information, or other
information of a personal or non-public nature (whether of
the Producing Person or a third party). Information that is
the subject of a non-disclosure or confidentiality agreement
entered into by the Producing Person qualifies as
“Confidential.” A Producing Person may designate
as “Attorneys Eyes Only” any Discovery Material
that the Producing Person believes in good faith meets the
criteria for being designated as “Confidential, ”
has the capability of damaging a party's reputation,
character, or causing personal embarrassment or contains
highly sensitive business or commercial information, even if
the disclosure is limited by the restrictions placed on
“Confidential” Discovery Materials.
No use for other purposes.
Confidential Discovery Material, and all information
contained therein, will be used only for the purpose of
conducting this action, including any appellate proceedings,
and not for any other purpose. Confidential Discovery
Material will not be used for any other purpose, including
without limitation any business or commercial purpose, and
including without limitation any communications with any
person who is not authorized to receive Confidential
Discovery Material under this Protective Order.