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Hillesheim v. O. J.'S Cafe, Inc.

United States District Court, D. Nebraska

April 27, 2018

ZACH HILLESHEIM, an individual, Plaintiff,
v.
O. J.'S CAFE, INC., Defendant.

          PROTECTIVE ORDER

          MICHAEL D. NELSON UNITED STATES MAGISTRATE JUDGE

         This matter comes before the Court following a telephone conference held with counsel for the parties on April 26, 2018, to discuss their dispute over a certain provision to be contained in their proposed protective order. The only material difference between the parties' proposed orders is contained in paragraph (1). Primarily, the parties disagree as to whether documents marked “Confidential” by a producing party during discovery pursuant to the protective order should be filed as a restricted document by a party seeking to use that document later in court proceedings. Although Plaintiffs concerns regarding the public's right to access court documents are noted by the Court, Defendant's proposed protective order language in paragraph (1) conforms with this district's practices and local rules. See NECivR 5.3 Accordingly, the court will adopt Defendant's proposed protective order, set forth below:

         1. DEFINITIONS. Limitations under this Protective Order on the use or disclosure of documents, deposition testimony or other discovery designated as “Confidential” shall apply to (a) all information, copies, extracts and complete or partial summaries prepared or derived from such documents or testimony; (b) portions of deposition transcripts, answers to interrogatories, responses to requests for admissions, responses to requests for production, initial disclosures and exhibits thereto which directly refer or directly relate to any such information, documents, copies, extracts or summaries; and (c) portions of briefs, memoranda or any other writing filed with the Court and exhibits thereto which directly relate to any such information, documents, copies, extracts or summaries. A party who seeks to file “Confidential” material with the Court shall bring a separate application to file the material under restricted access.

         2. CONFIDENTIAL DOCUMENTS/INFORMATION.

         a. Plaintiff seeks to protect from disclosure confidential physical health information of the Plaintiff, including but not limited to medical conditions, medical treatment, and medical bills or charges.

         b. Defendant seeks to protect from disclosure information regarding Defendant's financials, including but not limited to tax returns and related financial documents. Defendant further seeks to protect from disclosure information related to a prior lawsuit in which Defendant was a named party.

         c. Before produced documents are copied or inspected, the producing party may stamp as “Confidential” or similar notation on any document or deposition testimony which contains such sensitive information. Documents may also be designated as “Confidential” by written notice to opposing counsel which identifies the documents so designated by Bates number. Documents designated “Confidential, ” deposition testimony so designated, and information derived therefrom will be retained by counsel and will not be used for any purpose other than this litigation and will not be disclosed except pursuant to court order entered after notice, to anyone except:

i. Counsel who have signed this Order approving it as to form and content, attorneys who are employed by Plaintiff, retained outside counsel, in house counsel, law clerks, secretaries or paralegals directly involved in the conduct of this litigation;
ii. Experts and consultants retained by a party to this action for purposes of assisting in the preparation or presentation of claims or defenses;
iii. Any deposition or trial witness, during the course of deposition or trial testimony, when necessary to the testimony of such witness;
iv. Any person who was involved in the preparation of the document;
v. The Court, Court personnel, court reporters and similar personnel;
vi. The named parties to this case, excluding their agents and/or representatives except those identified in this Paragraph;
vii. Individuals selected by the parties to participate in focus groups, mock trials, or other exercises maintained for the ...

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