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McGree v. Goodwill Industries, Inc.

United States District Court, D. Nebraska

May 16, 2018

FRANK J. MCGREE, Plaintiff,
v.
GOODWILL INDUSTRIES, INC.; THE COMMITTEE OF THE EXECUTIVE 457(f) RETIREMENT PLAN OF GOODWILL INDUSTRIES, INC.; and PAULI BISHOP, Defendants.

          PROTECTIVE ORDER

          Cheryl R. Zwart United States Magistrate Judge

         Now before the Court is the parties' Joint Motion for Entry of a Protective Order. (Filing No. 22). After careful consideration, the Court GRANTS the parties' motion and, pursuant to the parties' consent and agreement, enters the following Protective Order:

         1. Scope and Definitions.

         This order is intended to limit the parties' use of confidential information furnished by any party or nonparty to any party in connection with this action. "Confidential Information" includes, but is not limited to, information that constitutes a trade secret or other confidential information, the disclosure of which may adversely affect the commercial, financial, or competitive position of the producing party, or may pose a threat of identity theft or disclosure of confidential, proprietary, or personal information, including, but not limited to, personnel files. Each party shall hold properly marked "Confidential" materials received from the opposing party in confidence, as described below, using such materials only in connection with the prosecution or defense of this pending litigation.

         2. Any Confidential Information may be claimed by any producing party, subject to the provisions of paragraph 6 of this Protective Order, based on a good faith belief that the material contains Confidential Information.

         3. Making Designations.

          A party claiming that a document is confidential shall mark "Confidential" on the face of the document prior to production or otherwise notify all counsel of record in writing of the designation. A party claiming that information discussed during a deposition is Confidential shall notify opposing counsel either (i) at the time of the deposition by making a statement for inclusion in the deposition transcript on the record before the close of the deposition or (ii) within five (5) business days after receipt of the deposition transcript, by so notifying counsel for each other Party in writing. During the period between the deposition testimony and the time when the five (5) business day period after receipt of the transcript has run, all deposition transcripts shall be treated as Confidential in the manner provided for in this Protective Order. A party claiming that any material other than documents or depositions is Confidential or contains Confidential Information shall notify opposing counsel in writing that the material should be so treated pursuant to the terms of this Protective Order.

         4. Persons Who May Access Confidential Information.

         Except as provided in this Protective Order, no copies of material designated as Confidential shall be made or furnished, and no Confidential Information shall be disclosed to any person, firm, or corporation except those identified in this Protective Order. Materials marked or designated as Confidential and any copies of such materials and any information contained in or derived from such materials, shall be made available only to the following persons in connection with their duties in the conduct of this action:

(i) The parties and their attorneys of record in this litigation (including any of their partners or associate attorneys), including any persons employed by such attorneys or their firms, when working in connection with this litigation under the supervision of attorneys of said firms;
(ii) The Court and Court personnel;
(iii) Any mediator or other neutral appointed by the Court or chosen by the parties;
(iv) Court reporters, videographers, and/or other official personnel reasonably required for the preparation of ...

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