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Weber v. County of Lancaster

United States District Court, D. Nebraska

March 16, 2018

NANCY WEBER, Plaintiff,
v.
COUNTY OF LANCASTER, a Nebraska Political Subdivision; Defendant.

          STIPULATED PROTECTIVE ORDER

          Michael D. Nelson United States Magistrate Judge

         This matter is before the Court on the parties' Joint Stipulation and Motion for Protective Order (Filing No. 24). The parties represent that they are engaged in discovery which may involve, among other things, the production or disclosure of information deemed confidential.

         Plaintiff's Complaint alleges claims pursuant to the Family Medical Leave Act, 29 U.S.C. § 2601, et seq., the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq., and the Nebraska Fair Employment Practice Act, Neb. Rev. Stat. § 48-1101 et seq. Defendant denies the Plaintiff's claims.

         Both Plaintiff and Defendant anticipate that confidential documents may be produced in discovery, including, but not limited to, personal identifying information of current and former employees of the Defendant and other confidential, non-public business information of the Defendant. The parties agree confidential information and documents produced and discussed in this case should be protected as further set forth herein. Upon review of the parties' proposed protective order, IT IS ORDERED: The parties' Joint Stipulation and Motion for Protective Order (Filing No. 24) is granted. Confidential information and documents received and produced by the parties may be utilized in the preparation of the case, but the parties must do so in accordance with their agreed upon terms set forth below:

         1. Confidential Information. “Confidential Information” as used herein means private and confidential information pertaining to the parties, and other unpublished and confidential information relating to the parties. Such information may include any type or classification of information which is designated as “Confidential Information” by the supplying party, whether revealed during a deposition, in a document, in an interrogatory answer or otherwise. The medical records of the Plaintiff shall be confidential information. “Document” as used herein refers to any written, graphic, or electronic information, no matter how produced, recorded, stored or reproduced and includes recordings or other electronically stored data, together with the programming instructions and other written material necessary to understand such recordings and data. In designating information as Confidential Information the supplying party will make such designation only as to that information which that party in good faith believes to be confidential. All documents and every portion thereof designated as confidential shall constitute confidential information for the purposes of this Order and shall be used by the receiving party only for the preparation for and conduct of proceedings herein and not for any business or other purpose whatsoever. Confidential Information shall not include information that: (i) was or becomes publicly available without the breach of this Protective Order by the receiving party; or (ii) is identified by the disclosing party as no longer proprietary or confidential.

         2. Qualified Recipients. For the purposes of this Order, and subject to the provisions of this paragraph, the persons authorized to receive “Confidential Information” (hereinafter “qualified recipient”) shall include only:

a) The named parties and their elected officials and in-house legal counsel; “named parties” shall not include other employees of the named parties;
b) Legal counsel representing the Defendants and legal counsel representing the Plaintiff, and members of the paralegal, secretarial, or clerical staff who are employed by, retained by, or assisting such counsel;
c) The Court, court reporters who take and transcribe testimony, as well as necessary law clerks and administrative assistants;
d) Consulting or testifying expert witnesses who assist counsel in the preparation of this case;
e) Any mediator retained by the parties in an effort to mediate and/or settle the claims made in this action;
f) Any assistant, paralegal, stenographic, secretarial or clerical personnel employed by, retained by, or assisting a qualified person in this case;
g) Any other persons agreed to by the parties in writing, either as to all or any Confidential Information in this case.

         Except as provided herein, Confidential Information produced in this case shall be disclosed by the receiving party only to Qualified Persons who shall have read this Protective Order. Provided, however, that nothing herein shall prevent disclosure beyond the terms of this Protective Order if the party claiming confidentiality consents in writing to such disclosure. Requests by a party to disclose ...


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