United States District Court, D. Nebraska
JOINT STIPULATED PROTECTIVE ORDER
Michael D. Nelson United States Magistrate Judge.
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 such 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.
parties assert in support of their request that protection of
the identified categories of confidential information is
necessary because some of the discovery is anticipated to
seek personal information of nonparty employees and witnesses
and proprietary business information.
good cause shown, the Court grants the parties' Joint
Motion for Protective Order (Filing No. 17) and hereby enters
the following Joint Stipulated Protective Order:
Scope. All documents and materials produced in the
course of discovery of this case, including initial
disclosures, 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.
Definition of Confidential Information. As used in
this Order, “Confidential Information” is defined
as information that the producing or receiving party
designates in good faith has been previously maintained in a
confidential manner and should be protected from disclosure
and use outside the litigation because its disclosure and use
is restricted by statute or could potentially cause harm to
the interests of disclosing party or nonparties. For purposes
of this Order, the parties include the following categories
of information or documents in the definition of
(a) Financial and medical documents;
(b) Non-party personnel files and records; and
(b) Proprietary business documents.
or documents that are available to the public may not be
designated as Confidential Information.
Form and Timing of Designation. The producing party
may designate documents as containing Confidential
Information and therefore subject to protection under this
Order by marking or placing the words
"CONFIDENTIAL" or “CONFIDENTIAL - SUBJECT TO
PROTECTIVE ORDER” (hereinafter “the
marking”) on the document and on all copies in a manner
that will not interfere with the legibility of the document.
As used in this Order, “copies” includes
electronic images, duplicates, extracts, summaries or
descriptions that contain the Confidential Information. The
marking will be applied prior to or at the time the documents
are produced or disclosed. Applying the marking to a document
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. Copies that are made of any
designated documents must also bear the marking, except that
indices, electronic databases, or lists of documents that do
not contain substantial portions or images of the text of
marked documents and do not otherwise disclose the substance
of the Confidential Information are not required to be
marked. By marking a designated document as confidential, the
designating attorney or party thereby certifies that the
document contains Confidential Information as defined in this
Depositions. Deposition testimony will be deemed
confidential only if designated as such when the deposition
is taken or within a reasonable time period after receipt of
the deposition transcript. Such designation must be specific
as to the portions of the transcript and/or any exhibits to
Protection of Confidential Material.
General Protections. Designated Confidential
Information must be used or disclosed solely for purposes of
prosecuting or defending this lawsuit, including any appeals,
or any other related legal proceeding brought by one of the
parties to this litigation.
Who May View Designated Confidential Information.
Except with the prior written consent of the designating
party or prior order of the court, designated Confidential
Information may only be disclosed to the following persons:
(i) The parties to this litigation, including any employees,
agents, and ...