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Bahou v. Prism Technologies Group, Inc.

United States District Court, D. Nebraska

January 28, 2019

ANDRE J. BAHOU, PLAINTIFF
v.
PRISM TECHNOLOGIES GROUP, INC., PRISM TECHNOLOGIES LLC, GREGORY J. DUMAN, L. ERIC LOEWE, STEVEN J. YASUDA, and HUSSEIN A. ENAN, DEFENDANTS

          PRISM TECHNOLOGIES GROUP, INC., PRISM TECHNOLOGIES LLC, GREGORY J. DUMAN, L. ERIC LOEWE, STEVEN J. YASUDA, and HUSSEIN A. ENAN, Defendants, Bonnie M. Boryca, #24886 Erickson | Sederstrom, P.C.

          ANDRE J. BAHOU, Plaintiff Kevin S. Mullen, Texas Bar No. 24032892 The Mullen Firm PLLC

          JOINT STIPULATED PROTECTIVE ORDER

          Honorable Michael D. Nelson, United States Magistrate Judge

         THIS MATTER came on for consideration pursuant to the agreement of the Parties herein, as evidenced by the signatures of their respective counsel below, for entry of a protective order to preserve the confidentiality of certain documents and records to be exchanged between the Parties.

         Being fully advised on the premises and pursuant to Federal Rule of Civil Procedure 26, the Court hereby ORDERS that the following terms and procedures shall govern the handling of confidential, trade secret, and/or proprietary information produced by any Party, the third party, or witness in this action:

         1. Confidential Information.

         “Confidential Information” means any document or tangible object (including but not limited to electronic files, electronic mail, photographs, voicemails, videotape recordings, plans, drawings and designs), discovery response, or transcript, and information contained in each, that a Party or its counsel determines in good faith contains confidential financial information, personal identifying information, sensitive personal information, personal identifying numbers, home street addresses, medical or psychological records, employment history, individual financial information, education records, protected health information, trade secrets, proprietary information, confidential business information, or other information which a Party is under a legal obligation to protect and preserve its confidentiality, including combinations of personally identifiable information (PII) when linked with other information such as education information, medical information, biometric data, etc.

         2. Designation of Confidential Information.

         Documents and things produced by any Party or non-party which contain Confidential Information shall be designated as such by marking each page of the document or thing or each file name of any electronically produced material at or before the time of production substantially as follows: CONFIDENTIAL.

         3. Use of Designated Documents and Information.

         Any information designated as CONFIDENTIAL shall not be disclosed by any Party to this action to any persons or entities except as provided herein or as provided upon further Order of this Court. Any information designated as CONFIDENTIAL shall not be used by the non-designating Party for any purpose other than in connection with this action except with leave or order of a Court.

         Nothing herein shall impose any restrictions on the use or disclosure by a Party of material obtained by such Party separate and apart from this litigation and the events leading up to this litigation or from using or disclosing its own Confidential Information as it deems appropriate. Nothing in this Order relieves the Parties from any obligation in existence prior to the entry of this Order to maintain the confidentiality of documents, information, and communications previously provided or to be provided to the Parties.

         4. Third Party Production.

         All documents called for by subpoenas to a non-party or otherwise produced by a non-party shall be presumed designated as CONFIDENTIAL pursuant to this Protective Order and treated as such, unless otherwise agreed by the Parties or ordered by the Court. The presumption expires fourteen (14) days after all Parties have received the third-party production unless within that time a Party to this case or the Party producing the documents designates the documents CONFIDENTIAL pursuant to this Order.

         5. Access to ...


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