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Collis v. West Interactive Corp. Inc.

United States District Court, D. Nebraska

October 26, 2018

JENNIFER M. COLLIS, an individual, Plaintiff,
WEST INTERACTIVE CORPORATION, INC., a Delaware corporation Defendant.

          JENNIFER M. COLLIS, Plaintiff, Alexis S. Mullaney, CARLSON & BURNETT, LLP, Attorney for Plaintiff.

          WEST INTERACTIVE CORPORATION, INC., Defendant, Bonnie M. Boryca, Erickson Sederstrom P.C., L.L.O. Attorneys for Defendant.


         The 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.

         Protection 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.

         For good cause shown under Fed.R.Civ.P. 26(c), the court grants the parties' joint request and hereby enters the following Protective Order:

         1. Scope.

         All 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.

         2. Form and Timing of Designation.

         A party may designate documents as confidential and restricted in use and disclosure under this Order by placing or affixing the word “CONFIDENTIAL” on the document or within the electronic file name in a manner that will not interfere with the legibility of the document or functionality of the file. 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.

         3. Documents Which May be Designated CONFIDENTIAL.

         Any 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, personal financial information, medical or psychiatric information, trade secrets, personnel records, confidential or proprietary business information, or such other sensitive commercial and/or financial information that is not publicly available.

         4. Inadvertent Failure to Designate.

         Inadvertent 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 failure.

         5. Depositions

         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 protected.

         6. Protection of Confidential Material.

         (a) General Protections.

         Documents designated CONFIDENTIAL must be used or disclosed solely for purposes of prosecuting or defending this lawsuit, including any appeals.

         (b) Who May View Designated Confidential Information.

         Except with the prior written consent of the designating party or prior order of the court, documents designated CONFIDENTIAL ...

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