United States District Court, D. Nebraska
RYSTA LEONA SUSMAN, both individually and as Legal Guardian of SHANE ALLEN LOVELAND, et al., Plaintiffs,
THE GOODYEAR TIRE & RUBBER COMPANY, Defendant.
M. BAZIS UNITED STATES MAGISTRATE JUDGE.
matter is before the Court on the parties' Unopposed
Motion for Protective Order. (Filing No. 65.) This motion is
granted. Accordingly, a protective order is entered as
Applicability of Order.
Order will govern the handling of documents, depositions,
deposition exhibits, interrogatory responses, responses to
requests for admissions, responses to requests for production
of documents, and all other discovery obtained pursuant to
the Federal Rules of Civil Procedure or which is voluntarily
produced without regard to the use of the Federal Rules of
Civil Procedure by or from any party, person, or entity in
connection with the Litigation (this information hereinafter
referred to as “Discovery Material”). As used
herein, “Producing Party” or “Disclosing
Party” shall refer to the parties to this action that
give testimony or produce documents or other information, and
“Receiving Party” shall refer to the parties to
this action that receive such information. This Order does
not govern trial proceedings in this Litigation. Nothing in
this Order will prevent counsel from using Confidential
Information in connection with any work product created by or
on behalf of that counsel. However, work product containing
Confidential Information will remain as Confidential
Information that may not be shared with any entity or person
except as otherwise provided in this Order.
Designation of Material.
Producing Party may designate Discovery Material that is in
their possession, custody, or control to be produced to a
Receiving Party as “Confidential” under the terms
of this Order if the Producing Party in good faith reasonably
believes that such Discovery Material contains non-public,
Confidential Information as defined in paragraph 4, below.
Exercise of Restraint and Care in Designating Material
party or non-party that designates information or items for
protection under this Order must take care to limit any such
designation to specific material that qualifies under the
purposes of this Order, Confidential Information is any
information that a party believes in good faith to be
confidential information, including trade secrets, research,
design, development, financial, technical, marketing,
planning, personal, or commercial information, as such terms
are used in all applicable Federal Rules of Civil Procedure
and the Defend Trade Secrets Act. To the extent that any
party believes that another country's law or procedural
rule provides applicable protections for Confidential
Information that vary from the Federal Rules of Civil
Procedure or the Defend Trade Secrets Act, such party will
provide notice of that other country's law or procedural
rule and of its applicability to documents that are not
otherwise protected by United States law or procedure. Each
party reserves its right to assert or contest the
applicability of such foreign law.
Confidential Information - Heightened Protection.
purposes of this Order, Confidential Information requiring
Heightened Protection is Confidential Information that a
party believes in good faith requires further restrictions,
consistent with the Federal Rules of Civil Procedure.
Designating Confidential Information.
designation of Discovery Material as Confidential Information
for purposes of this Order shall be made in the following
In the case of documents or other materials (apart from
depositions or other pre-trial testimony), designation shall
be made by unobtrusively affixing the legend
“CONFIDENTIAL - THIS DOCUMENT
PRODUCED UNDER COURT ORDER FOR USE IN SUSMAN, ET AL. v. THE
GOODYEAR TIRE & RUBBER COMPANY, AND SHALL NOT BE USED FOR
ANY OTHER PURPOSE WHATSOEVER”
“CONFIDENTIAL - HEIGHTENED PROTECTION
- THIS DOCUMENT PRODUCED UNDER COURT ORDER FOR USE IN
SUSMAN, ET AL. v. THE GOODYEAR TIRE & RUBBER COMPANY, AND
SHALL NOT BE USED FOR ANY OTHER PURPOSE
to each page containing any Confidential Information. The
Receiving Party shall exercise good faith efforts to ensure
that copies it makes of Discovery Material produced to it,
and copies made by others who obtained such Discovery
Material directly or indirectly from the Receiving Party,
include the appropriate confidentiality legend, to the same
extent that the Discovery Material has been marked with the
appropriate confidentiality legend by the Producing Party.
All parties recognize that native format documents cannot be
so marked, and thus, to the extent that native format
documents are produced, the producing party will make
reasonable provision for marking native format documents in
connection with the transmission or retention of such
documents on office systems. Any document marked as
Confidential shall be deemed authentic pursuant to Federal
Rule of Civil Procedure 901 unless otherwise stated at the
time of production.
b. Depositions and Other Proceedings.
In the case of depositions or other pre-trial testimony,
designation of the portion(s) of the transcript (including
exhibits) that contains Confidential Information shall be
made (i) by a statement to such effect on the record during
the proceeding in which the testimony is received, or (ii) by
written notice served on counsel of record in this Litigation
within thirty (30) business days after the receipt of the
transcript of such proceeding. However, before such thirty
(30) day period expires, all testimony, exhibits and
transcripts of depositions or other testimony shall be
available only to those persons described in paragraph
c. Non-Written Materials.
Any electronic, visual, or other Confidential Information not
on paper shall be designated as identified in Paragraph 6(a)
on the exterior surface of the container or object that
contains the electronic, visual or other non-paper
Confidential Information. In addition, the Disclosing Party
shall use its best efforts to affix the legend described in
Paragraph 6(a) to any electronic, visual, or other medium so
that the legend is visible while the medium is being viewed.
All parties recognize that native format documents cannot be
so marked and to the extent that native format documents are
produced, the producing party will make reasonable provision
for marking native format documents in connection with
transmission or retention of such documents on office
d. In the event that a Receiving Party generates any copy or
excerpt of such electronic, visual or other medium, whether
in the same or another format, the person who generates such
copy shall place the same confidential designation identified
in Paragraph 6(a) on the copy or excerpt.
inadvertent failure to designate Discovery Material as
Confidential does not constitute a waiver of such claim and
may be remedied by providing the other party with
supplemental written notice within 10 days upon discovery of
the inadvertent disclosure, with the effect that such
Discovery Material will be subject to the protections of this
Notes of Confidential Information.
notes, lists, memoranda, work product, indices or
compilations prepared or based on an examination of
Confidential Information that quote from or paraphrase
Confidential Information with such specificity that the
Confidential Information can be identified, or by reasonable
logical extension can be identified, shall be accorded the
same status of confidentiality as the underlying ...