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Ipson v. Baxter Chrysler Jeep, Inc.

United States District Court, D. Nebraska

December 3, 2018

RICHARD IPSON, an Individual, Plaintiff,
v.
BAXTER CHRYSLER JEEP, INC., BAO, INC., BAS, INC., MICHAEL BENNETT, an Individual, and MARCIE HENRY, an Individual, Defendants.

          RICHARD IPSON, Plaintiff Michael J. Merrick, Merrick Law Firm LLC Attorney for Plaintiff.

          BAXTER CHRYSLER JEEP, INC., BAO, INC., BAS, INC., MICHAEL BENNETT, and MARCIE HENRY, Defendants Tara A. Stingley Jordan R. Hasan CLINE WILLIAMS WRIGHT JOHNSON & OLDFATHER, L.L.P. Attorneys for Defendants.

          STIPULATED PROTECTIVE ORDER

          Cheryl R. Zwart United States Magistrate Judge.

         Pursuant to Fed.R.Civ.P. 26(c) and the Joint Motion for Entry of Stipulated Protective Order [Doc. No. 29] submitted jointly by Plaintiff, Richard Ipson (“Plaintiff”), and Defendants, Baxter Chrysler Jeep, Inc., BAO, Inc., BAS, Inc., Michael Bennett, and Marcie Henry (collectively “the Defendants”), it is hereby ORDERED as follows:

         1. Definitions. For purposes of this Order, “party” and “parties” shall mean the named parties to this litigation.

         2. Materials Deemed Confidential. If a party or an attorney for a party (or a third-party subject to subpoena issued by the Court in this case or an attorney for such third-party) has a good-faith belief that certain documents or other materials or information (including digital information), subject to disclosure pursuant to a discovery or other request, are confidential and should not be disclosed other than in connection with this action pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, the party or attorney shall mark each such document or other materials as “CONFIDENTIAL.” “CONFIDENTIAL” documents, materials, or information may include, but are not limited to: trade secret, proprietary, or confidential business documents or information; medical records and information; tax and financial records and information; personnel and benefits records; and documents containing personal or financial information for current or former employees of Baxter Chrysler Jeep, Inc., BAO, Inc., and BAS, Inc. who are not parties to this action.

         3. Designation of Depositions as Confidential. Portions of depositions taken in this action that contain trade secrets, proprietary, or confidential information may be designated “CONFIDENTIAL” and thereby obtain the protections accorded other “CONFIDENTIAL” documents. Confidentiality designations for depositions shall be made either on the record during the deposition or by written notice to the other party within thirty (30) days of receipt of the deposition transcript. Unless otherwise agreed, depositions shall be treated as “CONFIDENTIAL” during the thirty (30) day period following receipt of the deposition transcript. The deposition of any witness (or any portion of such deposition) that encompasses information or documents designated as “CONFIDENTIAL” shall be taken only in the presence of persons who are qualified to have access to such information.

         4. Redesignation of Materials or Depositions as Confidential. In the event a party inadvertently produces confidential documents or materials without the designation “CONFIDENTIAL” or inadvertently fails to designate information in a deposition as “CONFIDENTIAL, ” it shall not be deemed a waiver of the confidential nature of the information, documents or materials provided that the producing/designating party notifies all other parties of the inadvertent production or failure to designate within twenty-one (21) days after the producing party's production or after the party first learns of the failure to designate with respect to a deposition. In the event the disclosing/designating party notifies the receiving party that information or a document or thing was produced without the appropriate confidentiality designation, the disclosing party shall provide the receiving party with replacement copies of the documents or things bearing the appropriate “CONFIDENTIAL” designation and page/line designations of any deposition testimony designated as “CONFIDENTIAL.” Upon receipt of the replacement copies, the receiving party shall retrieve and return or destroy all copies of the previously produced documents or things.

         5. Inadvertent Disclosure. The following procedures shall govern instances in which a party has inadvertently produced or disclosed materials for which any privilege or protection is claimed, including but not limited to the attorney-client privilege or work-product protection:

a. The disclosing party must notify the receiving party within twenty-one (21) days, in writing or on the record, after a document has been inadvertently produced. Upon receiving the appropriate notice from the disclosing party that privileged and/or work-product material has been inadvertently produced, all such information, and all copies thereof, shall be returned to the disclosing party within five (5) business days of receipt of such notice and the receiving party shall not use such information for any purpose, until further order of the Court. The receiving party shall also attempt, in good faith, to retrieve and return or destroy all copies of the document in electronic format, and shall provide the disclosing party with written notice that all copies of the document have been returned or destroyed. If the receiving party intends to file a motion under paragraph 5(b), below, it may maintain a copy of the document for purposes of filing such a motion.
b. If the receiving party contests the privilege or work-product designation by the disclosing party, it shall file a motion to compel production of the document or information. The receiving party shall not assert as a ground for compelling production the facts or circumstances of the inadvertent production, unless it is asserted that privilege or work-product protection was knowingly and intentionally waived.
c. The disclosing party retains the burden of establishing the privileged or protected nature of any document or information that is claimed as privileged or otherwise protected. Nothing in this paragraph shall limit the right of any party to petition the Court for an in camera review of such documents or information.
d. Upon notification of inadvertent disclosure from the disclosing party, the receiving party shall place any analyses, memoranda, or notes which were internally generated based upon such inadvertently-produced information in sealed envelopes if in hard copy form, or shall segregate such analyses, memoranda, or notes if in electronic form.
e. Pursuant to Rule 502 of the Federal Rules of Evidence, if the receiving party does not contest that the information is privileged or otherwise protected or if the Court so rules, then the inadvertent disclosure of the information shall not be deemed a waiver or impairment of any claim of privilege or protection, including, but not limited to, the attorney-client privilege, the protection afforded to work-product materials or the subject matter thereof, as to the inadvertently disclosed document or ...

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