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Siemers v. BNSF Railway Co.

United States District Court, D. Nebraska

November 16, 2018

DANA L. SIEMERS, Plaintiff,
v.
BNSF RAILWAY COMPANY, a Delaware corporation; Defendant.

          PROTECTIVE ORDER

          Susan M. Bazis United States Magistrate Judge

         This matter is before the Court on the parties' Stipulated Motion for Protective Order. (Filing No. 92.) This motion is granted.

         Accordingly:

         This Protective Order shall apply to all Confidential Information produced or discovered in BNSF's Response to Plaintiff's Request for Production No. 21 (“RFP No. 21”) only.

         1. Confidential Information produced or discovered in RFP No. 21 shall not, without the written consent of the Parties or further Court Order, be used or disclosed for any purpose except in the preparation and trial of this case (including any appeal).

         2. For purposes of this Order, “Confidential Information” means any document or information designated as confidential, including without limitation, non-public commercial or proprietary information about the finances or business practices of any party to this lawsuit and trade secrets or other intellectual property information, data or research of any named party in this action. This includes, without limitation, all documents or information produced in response to RFP No. 21. Confidential Information shall include copies of the Qualified Mechanical Inspectors exam in effect in 2015 and 2016, and any other information expressly designated “Confidential” by counsel of record in this matter.

         Counsel shall make such designation only after review of the information and upon a good faith belief that the designation is appropriate because the subject information is confidential and implicates common law or statutory privacy interests.

         3. Documents are designated as Confidential Information by placing or affixing on them (in a manner that will not interfere with their legibility) a label of “Confidential” or other appropriate notice.

         4. Confidential Information produced or discovered in response to RFP No. 21 may only be disclosed to the following:

a. attorneys and attorney staff actively working on this case;
b. Parties, including the designated representatives of parties that are legal entities;
c. expert witnesses and consultants retained in connection with this proceeding;
d. the Court;
e. reporters engaged in this ...

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