United States District Court, D. Nebraska
Lee A. Jenkins, individually and on behalf of himself and all other similarly situated, Plaintiff,
Messerli & Kramer, P.A. Defendant.
M. Bazis United States Magistrate Judge.
matter is before the Court on the Joint Motion and
Stipulation for Protective Order. (Filing No. 36.)
The motion is granted, and a protective order is entered as
PURPOSES AND LIMITATIONS
and discovery activity in this action are likely to involve
production of confidential, proprietary, or private
information for which special protection from public
disclosure and from use for any other purpose other than
prosecuting this litigation may be warranted. Accordingly,
the parties hereby stipulate to and petition the court to
enter the following Stipulated Protective Order. The parties
further acknowledge, as set forth in Section 12.3, below,
that this Stipulated Protective Order entitles them to file
confidential information under seal; subject to the
provisions of Local Rule NECivR 7.5 and General Rule NEGenR
Challenging Party: a Party or Non-Party that
challenges the designation of information or items under this
“CONFIDENTIAL” Information or Items:
information (regardless of how it is generated, stored or
maintained) or tangible things is defined as information that
the producing party designated in good faith and 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 the
disclosing party or nonparties. For purposes of this Order,
the parties will limit their designation of
“CONFIDENTIAL” information or items to the
following categories of information or documents:
Proprietary or commercial information relating to any
party's personal, business, personal or confidential
financial information; medical records; and records
restricted or prohibited by statute.
This Order is entered based on the representations and
agreements of the parties and for the purpose of facilitating
discovery. Nothing in this Order will be construed or
presented as a judicial determination that any document or
material designated as Confidential Information by counsel or
the parties is entitled to protection under Fed.R.Civ.P.
26(c) or otherwise until such time as the court may rule on a
specific document or issue.
Counsel (without qualifier): Outside Counsel of
Record and House Counsel (as well as their support staff).
Designating Party: a Party or Non-Party that
designates information or items that it produces in
disclosures or in responses to discovery as
Disclosure or Discovery Material: all items or
information, regardless of the medium or manner in which it
is generated, stored, or maintained (including, among other
things, testimony, transcripts, and tangible things), that
are produced or generated in disclosures or responses to
discovery in this matter.
Expert: a person with specialized knowledge or
experience in a matter pertinent to the litigation who has
been retained by a Party or its counsel to serve as an expert
witness or as a consultant in this action.
House Counsel: attorneys who are employees of a
party to this action. House Counsel does not include Outside
Counsel of Record or any other outside counsel.
Non-Party: any natural person, partnership,
corporation, association, or other legal entity not named as
a Party to this action.
Outside Counsel of Record: attorneys who are not
employees of a party to this action but are retained to
represent or advise a party to this action and have appeared
in this action on behalf of that party.
Party: any party to this action, including all of
its officers, directors, employees, consultants, retained
experts, and Outside Counsel of Record (and their support
Producing Party: a Party or Non-Party that produces
Disclosure or Discovery Material in this action.
Professional Vendors: persons or entities that
provide litigation support services (e.g., photocopying,
videotaping, translating, preparing exhibits or
demonstrations, and organizing, storing, or retrieving data
in any form or medium) and their employees and
Protected Material: any Disclosure or Discovery
Material that is designated as “CONFIDENTIAL.”
Receiving Party: a Party that receives Disclosure or
Discovery Material from a Producing Party.
protections conferred by this Motion and Order cover not only
Protected Material (as defined above), but also (1) any
information copied or extracted from Protected Material; (2)
all copies, excerpts, summaries, or compilations of Protected
Material; and (3) any testimony, conversations, or
presentations by Parties or their Counsel that might reveal
Protected Material. However, the protections conferred by
this Stipulation and Order do not cover the following
information: (a) any information that is in the public domain
at the time of disclosure to a Receiving Party as a result of
publication not involving a violation of this Order,
including becoming part of the public record through trial or
otherwise; and (b) any information known to the Receiving
Party after the disclosure from a source who obtained the
information lawfully and under no obligation of
confidentially to the Designating Party. Any use of Protected
Material at trial shall be governed by a separate agreement
after final disposition of this litigation, the
confidentiality obligations imposed by this Order shall
remain in effect until a Designating Party agrees otherwise
in writing or a court order otherwise directs. Final
disposition shall be deemed to be the later of (1) dismissal
of all claims and defenses in this action, with or without
prejudice; and (2) final judgment herein after the completion
and exhaustion of all appeals, rehearings, remands, trials,
or reviews ...