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Pleiss v. Battle Creek Mutual Insurance Co.

United States District Court, D. Nebraska

June 12, 2018

AMANDA P. PLEISS, Plaintiff,
v.
BATTLE CREEK MUTUAL INSURANCE COMPANY, a Nebraska insurance company, NODAK MUTAL INSURANCE COMPANY, a North Dakota insurance company, Defendants.

          PROTECTIVE ORDER

          Cheryl R. Zwart United States Magistrate Judge

         THIS MATTER is before the Court on the parties' Stipulation for Protective Order. (Filing No. 29). The Court finds that the parties are engaged in discovery which may involve, among other things, the production or disclosure of information deemed confidential. Accordingly, the Court finds that this Protective Order should be and hereby is granted as follows.

         FACTS

         In this matter Plaintiff alleges claims pursuant to the Americans with Disabilities Act, see 42 U.S.C. §§ 12101, et seq.; the Nebraska Fair Employment Practice Act, see Neb. Rev. Stat. §§ 48-1101, et seq.; and Title VII of the Civil Rights Act of 1964, see 42 U.S.C. §§ 2000e, et seq.; and the Family Medical Leave Act, see 29 U.S.C. §§ 2601, et seq. Defendants deny the Plaintiff's claims.

         The parties have already produced documents with their mandatory disclosures, and both Plaintiff and Defendants anticipate that documents may be produced in discovery that are confidential, including but not limited to, patient health information protected by HIPAA, and other confidential business information of the Defendants and their employees. The parties agree confidential information and documents produced and discussed in this case should be protected as further set forth herein.

         PROTECTIVE ORDER

         IT IS THEREFORE ORDERED that the confidential information and documents received and produced by the parties may be utilized in the preparation of the case, but the parties must do so in accordance with the following terms:

         1. Confidential Information. “Confidential Information” as used herein means private and confidential information pertaining to the parties, and other unpublished and confidential information relating to the parties. Such information may include any type or classification of information which is designated as “Confidential Information” by the supplying party, whether revealed during a deposition, in a document, in an interrogatory answer, or otherwise. “Document” as used herein refers to any written, graphic, or electronic information, no matter how produced, recorded, stored, or reproduced and includes recordings or other electronically stored data, together with the programming instructions and other written material necessary to understand such recordings and data. The supplying party may designate information as Confidential Information at any time, however the protection(s) afforded under this Order shall attach only when such designation is made. In designating information as Confidential Information, the supplying party will make such designation only as to that information which that party in good faith believes to be confidential. All documents and every portion thereof designated as confidential shall constitute Confidential Information for the purposes of this Order, and shall be used by the receiving party only for the preparation for and conduct of proceedings herein and not for any business or other purpose whatsoever.

         2. Qualified Recipients. For the purposes of this Order, and subject to the provisions of this paragraph, the persons authorized to receive “Confidential Information” (hereinafter “Qualified Recipient”) shall include only:

a) The named parties and officers, directors, board members, and in-house legal counsel, of the parties;
b) Legal counsel representing any of the parties, and members of the paralegal, secretarial, or clerical staff who are employed by, retained by, or assisting such counsel;
c) The Court, court reporters who take and transcribe testimony, as well as necessary law clerks and administrative assistants;
d) Consulting or testifying expert witnesses who assist counsel in the preparation of this case;
e) Any mediator retained by the parties in an effort to mediate and/or settle the claims ...

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