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Landis v. Capital One Bank (USA), N.A.

United States District Court, D. Nebraska

May 10, 2018

MICHELLE LANDIS, Plaintiff,
v.
CAPITAL ONE BANK (USA), N.A. Defendant.

          Susan M. Bazis United States Magistrate Judge

          PROTECTIVE ORDER

         This matter is before the Court on the Joint Motion for Protective Order. (Filing No. 19.) This motion is granted. Accordingly, IT IS THEREFORE ORDERED:

         1. This Protective Order ("Protective Order") governs the treatment of all information contained in documents, depositions, deposition exhibits, and other written, recorded, computerized, electronic or graphic matter, copies, excerpts or summaries of documents ("Discovery Material") produced by any party or non-party ("Producing Party") in the above-captioned matter ("Action").

         2. Any Producing Party may designate as "CONFIDENTIAL" any Discovery Material that it believes, in good faith, falls within the following categories: (a) information prohibited from disclosure by statute; (b) information that reveals trade secrets; (c) research, technical, commercial or financial information that the party has maintained as confidential; (d) medical information concerning any individual; (e) personal identity information; (f) income tax returns (including attached schedules and forms), W-2 forms and 1099 forms; or (g) personnel or employment records of a person who is not a party to the case ("Confidential Discovery Material"). Information or documents that are available to the public may not be designated as Confidential Discovery Material. To the extent that a party-including any third party that produces documents in response to a discovery request, subpoena, or Court order in this action-produces account records of Defendant's customers, including the account(s) at issue in this litigation, those records may be produced as "CONFIDENTIAL." Such production is deemed by the Court to fall within the exceptions set forth in 15 U.S.C. § 6802(e)(2), (3), and (8) of the Gramm-Leach-Bliley Act.

         3. All Discovery Material so designated shall be referred to in this Protective Order as "Confidential Discovery Material." This designation shall apply regardless of the form in which the Confidential Discovery Material is kept or maintained, and extends to any documents, including exhibits, copies, notes, abstracts, summaries or analyses, to the extent that such documents reflect Confidential Discovery Material. All Confidential Discovery Material shall be handled in strict accordance with the terms of this Protective Order.

         4. All Confidential Discovery Material in the form of physical objects or documents shall be designated by stamping or affixing on the face of the document and on each page or portion thereof: "CONFIDENTIAL." Designation shall subject material or a document, its contents, or any portion thereof, to this Protective Order without any further act on the part of the Producing Party.

         5. Confidential Discovery Material that is designated "CONFIDENTIAL" may be disclosed or made available without written consent from the Producing Party only to the following persons:

a) The parties to this matter and their insurance company representatives, if any;
b) Counsel for the respective parties, including in-house lawyers and paralegals, and attorneys, paraprofessionals, and employees of such law firms retained by the parties;
c) Experts or consultants retained to assist counsel for the parties described in subparagraph 4(a), provided that counsel for the party retaining the expert or consultant first provide the expert or consultant with a copy of this Protective Order and obtain their verbal assent to abide by the Protective Order;
d) Authors or recipients of the Confidential Discovery Material;
e) Stenographers or court reporters who record testimony taken at any time or place in the course of this Action or persons operating video recording equipment of and at such testimony;
f) The Court, Court personnel and any other person designated by the Court in this Action in the interest of justice, upon such terms ...

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