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Doe v. Board of Trustees of Nebraska State Colleges

United States District Court, D. Nebraska

April 6, 2018

JANE DOE, Plaintiff,
v.
BOARD OF TRUSTEES OF THE NEBRASKA STATE COLLEGES, a Political Subdivision of the State of Nebraska, Defendant.

          JOINT STIPULATED PROTECTIVE ORDER

          Cheryl R. Zwart United States Magistrate Judge

         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 this proposed 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 some of the discovery is anticipated to seek personal information of nonparty employees and witnesses, confidential personal identifying information regarding numerous Chadron State College students and former students as defined under the Family Educational Rights and Privacy Act (FERPA) and the Health Insurance Portability and Accountability Act (HIPAA), and private medical information regarding Plaintiff Jane Doe.

         For good cause shown under Fed.R.Civ.P. 26(c), the court grants the parties' Joint Motion for Protective Order (ECF No. 41) and hereby enters the following Joint Stipulated Protective Order:

         1. Scope. All documents and materials produced in the course of discovery of this case, including initial disclosures, responses to discovery requests, all deposition testimony and exhibits, and information derived directly therefrom (hereinafter collectively “documents”), are subject to this Order concerning Confidential Information as set forth below.

         2. Definition of Confidential Information. As used in this Order, “Confidential Information” is defined as information that the producing or receiving party designates in good faith has been previously maintained in a confidential manner and should be protected from disclosure and use outside the litigation because its disclosure and use is restricted by statute or could potentially cause harm to the interests of disclosing party or nonparties. For purposes of this Order, the parties include the following categories of information or documents in the definition of “Confidential Information”:

(a) Non-party personnel files and records containing personal (such as date of birth, social security number, or home address), medical, or financial information;
(b) Confidential educational records of third party witnesses or Nebraska State College System students or former students;
(c) Confidential educational records, criminal complaints, health information, or other documents related to Title IX violations or campus sexual assault;
(d) Jane Doe's educational, personal and medical information; and
(e) Anthony Ige's educational, personal and medical information.

         Information or documents that are available to the public may not be designated as Confidential Information.

         3. Form and Timing of Designation. The producing party may designate documents as containing Confidential Information and therefore subject to protection under this Order by marking or placing the words “CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER” (hereinafter “the marking”) on the document and on all copies in a manner that will not interfere with the legibility of the document. As used in this Order, “copies” includes electronic images, duplicates, extracts, summaries or descriptions that contain the Confidential Information. The marking will be applied prior to or at the time the documents are produced or disclosed. Applying the marking to a document does not mean that the document has any status or protection by statute or otherwise except to the extent and for the purposes of this Order. Copies that are made of any designated documents must also bear the marking, except that indices, electronic databases, or lists of documents that do not contain substantial portions or images of the text of marked documents and do not otherwise disclose the substance of the Confidential Information are not required to be marked. By marking a designated document as confidential, the designating attorney or party thereby certifies that the document contains Confidential Information as defined in this Order.

         4. Inadvertent Failure to Designate. Inadvertent failure to designate any document or material as containing Confidential Information will not constitute a waiver of an otherwise valid claim of confidentiality pursuant to this Order, so long as a claim of confidentiality is asserted within ten (10) days after discovery of the inadvertent failure.

         5. Depositions. Deposition testimony will be deemed confidential only if designated as such when the deposition is taken or within a reasonable time period after receipt of the deposition transcript. Such designation must be specific as ...


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