United States District Court, D. Nebraska
TIMOTHY J. SHANAHAN JR., and MOLLI M. LARSEN, on behalf of themselves and all others similarly situated; Plaintiffs,
LEE LAW OFFICES, DENNIS P. LEE, and JIMMY NEWTON, Defendants.
Michael D. Nelson United States Magistrate Judge.
matter is before the Court on the party's Joint Motion
and Stipulation for Protective Order (Filing No.
parties to this action have agreed that the defendants will
produce certain records which are confidential or proprietary
documents. Those records include, but are not limited to, the
financial condition and net worth of each of the defendants.
Based on the Joint Stipulation of the parties, IT IS
ORDERED that the Joint Motion and Stipulation for
Protective Order (Filing No. 23) is granted, and the
Court hereby enters the Protective Order under the terms and
conditions set forth below:
Production of Records by Defendants. The defendants will
produce documents reflecting the net worth and financial
condition of each of the defendants, pursuant to this
Confidential Information. All documents and every portion
thereof produced by defendants that relate to the financial
condition and net worth of the defendants 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.
Qualified Recipients. For the purposes of this Order, and
subject to the provisions of this paragraph 6, persons
authorized to receive “CONFIDENTIAL” information
(hereinafter “qualified recipient”) shall include
Legal counsel representing the defendants and legal counsel
representing the plaintiffs, and members of the paralegal,
secretarial, or clerical staff who are employed by, retained
by, or assisting such counsel:
court reporters who take and transcribe testimony, as well as
necessary secretarial and clerical assistants;
consulting or testifying expert witnesses who have either
licensure or certification to practice in Nebraska in a field
related to accounting or debt collection;
mediator retained by the parties in an effort to mediate
and/or settle the claims of this action.
Maintenance of Confidentiality. CONFIDENTIAL information
shall be held in confidence by each qualified recipient to
whom it is disclosed; shall be used only for purposes of this
action and shall not be disclosed to any person who is not a
qualified recipient. Each party, each qualified recipient,
and all counsel representing any party, shall use their best
efforts to maintain all produced CONFIDENTIAL information in
such a manner as to prevent access, even at hearing or trial,
by individuals who are not qualified recipients.
Copies. CONFIDENTIAL information shall not be copied or
otherwise reproduced by the receiving party, except for
transmission to qualified recipients, without the written
permission of the producing party, or, in the alternative, by
further Order of the Court. However, nothing herein shall
restrict a qualified recipient from making working copies,
abstracts, digests, and analyses of CONFIDENTIAL information
under the terms of this Order.
Filing Under Seal. All documents of any nature (including any
of the foregoing documents as well as any other documents,
including, but not limited to, briefs, motions, memoranda,
transcripts, and the like) that are filed with the Court for
any purpose and that contain CONFIDENTIAL information shall
be filed in sealed envelopes or other sealed containers
marked with the title of the action and generally identifying
each document and thing therein, and bearing a statement
substantially in the following form:
DO NOT OPEN WITHOUT ORDER OF THE COURT
convenience of the parties, the Clerk, and the Court, any
filing containing both CONFIDENTIAL information and
non-confidential material may be filed entirely under seal.
Depositions. The following procedures shall be followed at
all depositions to protect the integrity of all CONFIDENTIAL
Only qualified recipients may be present at a deposition in
which CONFIDENTIAL information is disclosed or discussed.
testimony elicited during a deposition at which CONFIDENTIAL
information is disclosed or discussed is deemed to be
Trial. Prior to the trial of this action, the attorneys for
the parties shall meet and attempt to agree on an appropriate
form of order to submit to the Court regarding the
confidential status, if any, to be afforded documents,