United States District Court, D. Nebraska
JORDAN C. FISCHER, Plaintiff
DUNCAN AVIATION, INC., Defendant
M. Bazis United States Magistrate Judge.
matter is before the Court on the parties' Joint Motion
for Protective Order, (Filing No. 33). This motion
is granted. Accordingly, the Court enters the following
Protective Order governing the disclosure of confidential
Discovery Material by a Producing Party to a Receiving Party
in this Action.
in this Order:
a. Action refers to the above-captioned litigation.
b. Discovery Material includes all information contained in
documents, depositions, deposition exhibits, and other
written, recorded, computerized, electronic or graphic
matter, copies, excerpts or summaries of documents disclosed
as required under Rule 26(a) or in response to discovery
conducted pursuant to Rules 30 through 36, and Rule 45.
c. A Producing Party is a party to this litigation, or a
non-party either acting on a party's behalf or responding
to discovery pursuant to a Rule 45 subpoena, that produces
Discovery Material in this Action.
d. A Receiving Party is a party to this litigation that
receives Discovery Material from a Producing Party in this
Protective Order applies to all Confidential Information
produced or obtained by a party in this case, whether
revealed in a document, deposition testimony, an
interrogatory answer or otherwise. For the purposes of this
Protective Order, Confidential Information shall include:
a. Commercial information relating to any party's
business including, but not limited to, tax data, financial
information, financial or business plans or projections,
proposed strategic transactions or other business
combinations, internal audit practices, procedures, and
outcomes, trade secrets or other commercially sensitive
business or technical information, proprietary business and
marketing plans and strategies, studies or analyses by
internal or outside experts, competitive analyses, customer
or prospective customer lists and information, profit/loss
information, product or service pricing or billing agreements
or guidelines, and/or confidential project-related
b. Personnel data of the parties or their employees,
including but not limited to employment application
information; the identity of and information received from
employment references; wage and income information; employee
evaluations; medical evaluation and treatment information and
records; counseling or mental health records; educational
records; and employment counseling, discipline, or
performance improvement documentation;
c. Information concerning settlement discussions and
mediation, including demands or offers, arising from a
dispute between a party and a non-party;
d. Medical or mental health information;
e. Records restricted or prohibited from disclosure by
f. Any information copied or extracted from the previously
described materials, including all excerpts, summaries, or
compilations of this information or testimony, and
documentation of questioning, statements, conversations, or
presentations that might reveal the information contained
within the underlying Confidential Information.
Manner of Confidential Designation.
Producing Party shall affix a “CONFIDENTIAL”
designation to any Confidential Information produced in this
to documentary information (defined to include paper or
electronic documents, but not transcripts of depositions or
other pretrial or trial proceedings), the Producing Party
must affix the legend “CONFIDENTIAL” to each page
that contains protected material.
only a portion or portions of the information on a document
page qualifies for protection, the Producing Party must
clearly identify the protected portion(s) (e.g., by using
highlighting, underlining, or appropriate markings in the
Timing of ...