United States District Court, D. Nebraska
JOINT STIPULATION FOR PROTECTIVE ORDER
parties agree that during the course of discovery it may be
necessary to disclose certain confidential information
relating to the subject matter of this action. They agree
that certain categories of information should be treated as
confidential, protected from disclosure outside this
litigation, and used only for purposes of prosecuting or
defending this action and any appeals. The parties jointly
request entry of this proposed Protective Order to limit the
disclosure, dissemination, and use of certain identified
categories of confidential information.
of the identified categories of confidential information is
necessary because discovery in this action will require
disclosure of documents that are relevant to the claims and
defenses asserted, and it is likely that such documents will
contain personal information, financial information and/or
proprietary or trade secret information of the parties.
good cause shown under Fed.R.Civ.P. 26(c), the court grants
the parties' joint request and hereby enters the
following Protective Order:
information, documents and materials produced in the course
of discovery of this case, including initial disclosures, all
responses to discovery requests, all deposition testimony and
exhibits, and information derived directly therefrom
(hereinafter collectively “documents”), are
subject to this Order concerning confidential information as
set forth below. The Order is also subject to the applicable
rules of procedure and local rules on matters of procedure
and calculation of time periods.
Form and Timing of Designation.
may designate documents as confidential and restricted in use
and disclosure under this Order by placing or affixing the
word “CONFIDENTIAL” on the document in a manner
that will not interfere with the legibility of the document.
Documents shall be designated CONFIDENTIAL prior to or at the
time of the production or disclosure of the documents. Any
document produced by either party prior to entry of this
Order may be designated and deemed confidential subject the
terms of this Order by identifying each such document in
writing within twenty (20) days of the date this Order is
entered. The designation “CONFIDENTIAL” does not
mean that the document has any status or protection by
statute or otherwise except to the extent and for the
purposes of this Order.
Documents Which May be Designated CONFIDENTIAL.
party may designate documents as CONFIDENTIAL upon a good
faith belief that the documents contain information protected
from disclosure by statute or that should be protected from
disclosure as confidential personal information, medical or
psychiatric information, trade secrets, personnel records, or
such other sensitive commercial and/or financial information
that is not publicly available.
Inadvertent Failure to Designate.
failure to designate any documents as “CONFIDENTIAL,
” in itself, will not constitute a waiver of an
otherwise valid claim of confidentiality pursuant to this
Order, so long as a claim of confidentiality is asserted
within thirty (30) days after discovery of the inadvertent
Deposition testimony will be deemed confidential only if
designated as such when the deposition is taken or within
thirty (30) days after receipt of the deposition transcript,
in writing. Such designation must be specific as to the
portions of the transcript and/or any exhibits to be
Protection of Confidential Material.
designated CONFIDENTIAL must be used or disclosed solely for
purposes of prosecuting or defending this lawsuit, including
Who May View Designated Confidential Information.
with the prior written consent of the designating party or
prior order of the court, documents designated CONFIDENTIAL