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PMI Nebraska, LLC v. Nordhues

United States District Court, D. Nebraska

January 7, 2019

PMI NEBRASKA, LLC Plaintiff/Counterclaim Defendant,
v.
DAVID NORDHUES, an individual, CHRIS GOLICK, an individual, and PRECISION AG CONSTRUCTION, LLC, a Nebraska Limited Liability Company, Defendants/Counterclaim Plaintiffs,
v.
COLIN MCCLURE, an individual, Counterclaim Defendant.

          PROTECTIVE ORDER

          Susan M. Bazis United States Magistrate Judge.

         This matter is before the Court on the parties' Joint Motion and Stipulation for Protective Order. (Filing No. 35.) Having considered the matter, a protective order is entered as follows:

         1. Confidential Information. “Confidential Information” as used herein means confidential, proprietary, and trade secret information as designated by the parties, and other unpublished and confidential information relating to the parties. Such information may include any type or classification of information which is designated as “Confidential Information” by the supplying party, whether revealed during a hearing, deposition, in a document, in an interrogatory answer, or otherwise. “Document” as used herein refers to any written, graphic, or electronic information, no matter how produced, recorded, stored or reproduced and includes recordings or other electronically stored data, together with the programming instructions and other written material necessary to understand such recordings and data. In designating information as Confidential Information the supplying party will make such designation only as to that information which that party in good faith believes to be confidential. All documents and every portion thereof designated as “Confidential Information” shall constitute confidential information for the purposes of this Order and shall be used by the receiving party only for the preparation for and conduct of proceedings herein and not for any business or other purpose whatsoever.

         2. Qualified Recipients. For the purposes of this Order, and subject to the provisions of this paragraph, the persons authorized to receive “Confidential Information” (hereinafter “qualified recipient”) shall include only:

a) The named parties, employees, members, managers and in-house legal counsel, of the parties and of JEMR, Inc., which entity is the sole member of PMI Nebraska, LLC;
b) Legal counsel representing the parties, and members of the paralegal, secretarial, or clerical staff who are employed by, retained by, or assisting such counsel;
c) The Court, court reporters who take and transcribe testimony, as well as necessary law clerks and administrative assistants;
d) Consulting or testifying expert witnesses who assist counsel in the preparation of this case;
e) Any mediator retained by the parties in an effort to mediate and/or settle the claims made in this action;
f) Any assistant, paralegal, stenographic, secretarial or clerical personnel employed by, retained by, or assisting a qualified person in this case;
g) Any other persons agreed to by the parties in writing, either as to all or any confidential information in this case.

         Except as provided herein, Confidential Information produced in this case shall be disclosed by the receiving party and by the Court only to Qualified Persons who shall have read this Protective Order. A party's attorney may distribute or share Confidential Information protected by this Protective Order with the Qualified Recipients identified in Paragraph 2 (a), (d) and (e) herein only after the attorney has received a signed Non-Disclosure Agreement in the form of “Exhibit A” (attached hereto) from the person receiving the information or documents designated as Confidential Information; Confidential Information shall be disclosed and used solely to assist in the prosecution or defense of this action and not for any other purpose. Provided, however, that nothing herein shall prevent disclosure beyond the terms of this Protective Order if the party claiming confidentiality consents in writing to such disclosure. Requests by a party to disclose Confidential Information which would otherwise be in violation of the terms of this Protective Order shall be made in writing.

         3. Maintenance of Confidentiality. Confidential information shall be maintained confidentially by each qualified recipient to whom it is disclosed, shall be used only for purposes of this action, and shall not be disclosed to any person who is not a qualified recipient. Each party, the Court, each qualified recipient, and all counsel representing any party, shall use their best efforts to maintain all produced confidential information in such a manner as to prevent access, including at depositions, hearings, and trial, by individuals who are not qualified recipients.

         4. Copies. Confidential information shall not be copied or otherwise reproduced by the receiving party (except for transmission to qualified recipients) without the written permission of the producing party, or, in the alternative, by further Order of the Court. However, nothing herein shall restrict a qualified recipient from making working copies, abstracts, digests, and analyses of confidential ...


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