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Hess ex rel. Untied States v. The Nebraska Medical Center

United States District Court, D. Nebraska

November 27, 2018

ROBERTA J. HESS ex rel. UNITED STATES OF AMERICA, Plaintiff,
v.
THE NEBRASKA MEDICAL CENTER, a Nebraska nonprofit corporation, Defendant.

          PROTECTIVE ORDER

          Susan M. Bazis United States Magistrate Judge

         This matter is before the Court on the Joint Motion for Entry of Protective Order. (Filing No. 26.) The motion is granted. Accordingly, a Protective Order is entered as follows:

         1. All documents produced by the parties or otherwise revealed, disclosed or examined in the course of this litigation, and all testimony given by the witnesses in this litigation (the term “testimony” includes, for purposes of this Order, deposition testimony, affidavits and answers to interrogatories and to requests for admissions), which are designated “Confidential Information” as set forth herein shall be used by the parties solely for the purpose of preparation, trial, appeal, or settlement of this litigation and for no other purpose whatsoever and shall not be used by, or disclosed to, any person except Qualified Persons as defined below, except by order of this Court.

         2. Any documents filed in this litigation that have been designated, in whole or in part, as Confidential Information, as defined below, by any of the parties producing said information shall be filed as sealed documents in compliance with the local rules of this Court.

         3. “Confidential Information”, as used herein, means any information of any type, kind, or character involved in this litigation that is designated as confidential by any party supplying the information, whether it be a document, information contained in a document, information revealed during a deposition, information revealed in an interrogatory answer, information revealed in response to requests for admissions, or information revealed otherwise.

         4. Documents and other information produced by a party may be designated as “Confidential Information” by marking the pages containing such information substantially as follows:

         CONFIDENTIAL

         Other materials and information not capable of being so marked shall be designated as “Confidential” by the best means practicable and described generally in a letter to all parties.

         5. “Qualified Persons”, as used herein, means:

(a) Attorneys of record and employees of such attorneys whose access to Confidential Information is necessary for purposes of preparation, trial, appeal, or settlement of this litigation;
(b) A party's in-house counsel and his or her legal staff and employees, whose access to Confidential Information is necessary for the purposes of preparation, trial, appeal, or settlement of this litigation;
(c) Independent third parties retained or used by attorneys of record in this litigation solely for the purposes of preparation, trial, appeal, or settlement of this litigation;
(d) Named parties and officers and employees of parties, who are working on this litigation and to whom it is necessary that Confidential Information be shown for purposes of preparation, ...

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