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Ridpath v. Sirius Computer Solutions, Inc.

United States District Court, D. Nebraska

March 7, 2018

TIFFANY RIDPATH, Plaintiff,
v.
SIRIUS COMPUTER SOLUTIONS, INC., Defendant.

          PROTECTIVE ORDER

          Susan M. Bazis United States Magistrate Judge

         This 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 confidential information.

         The 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.

         Having considered the matter, the parties' Joint Motion for Protective Order (Filing No. 17) is granted.

         Accordingly, IT IS ORDERED as follows:

         Definitions.

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 of Nebraska.
b. The term “Confidential Discovery Material” means any Discovery Material that has been designated “Confidential” or “Attorneys Eyes Only.”
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 action.
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.

         2. Description of “Confidential” and “Attorneys Eyes Only”.

         A 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.

         3. No use for other purposes.

         All 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.

         4. Procedure ...


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