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Shanahan v. Lee Law Offices

United States District Court, D. Nebraska

August 30, 2018

TIMOTHY J. SHANAHAN JR., and MOLLI M. LARSEN, on behalf of themselves and all others similarly situated; Plaintiffs,
v.
LEE LAW OFFICES, DENNIS P. LEE, and JIMMY NEWTON, Defendants.

          PROTECTIVE ORDER

          Michael D. Nelson United States Magistrate Judge.

         This matter is before the Court on the party's Joint Motion and Stipulation for Protective Order (Filing No. 23).

         The 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:

         1. 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 Protective Order.

         2. 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.

         3. 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 only:

         (a) 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:

         (b) court reporters who take and transcribe testimony, as well as necessary secretarial and clerical assistants;

         (c) consulting or testifying expert witnesses who have either licensure or certification to practice in Nebraska in a field related to accounting or debt collection;

         (d) any mediator retained by the parties in an effort to mediate and/or settle the claims of this action.

         4. 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.

         5. 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.

         6. 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:

         CONFIDENTIAL DO NOT OPEN WITHOUT ORDER OF THE COURT

         For the 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.

         7. Depositions. The following procedures shall be followed at all depositions to protect the integrity of all CONFIDENTIAL information:

         (a) Only qualified recipients may be present at a deposition in which CONFIDENTIAL information is disclosed or discussed.

         (b) All testimony elicited during a deposition at which CONFIDENTIAL information is disclosed or discussed is deemed to be CONFIDENTIAL information.

         8. 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, ...


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