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Reynolds v. Western Sugar Cooperative

United States District Court, D. Nebraska

January 31, 2019

TRENTON REYNOLDS, Plaintiff,
v.
WESTERN SUGAR COOPERATIVE, Defendant.

          PROTECTIVE ORDER

          CHERYL R. ZWART MAGISTRATE JUDGE.

         THIS MATTER is before the Court on the parties' Joint Motion and Stipulation for Protective Order (Filing No. 47). The Court finds that the discovery and evidence in this case will include information the parties consider to be confidential, proprietary, and trade secrets. Accordingly, the Court finds that this Protective Order should be and hereby is granted as follows.

         FACTS

         This matter arises from an incident which took place at Western Sugar Cooperative's facility located in Scottsbluff, Nebraska on January 6, 2017. Plaintiff was injured while cleaning inside a tank/vessel at the facility.

         The parties anticipate that documents will be requested and produced in the course of this case which are confidential, proprietary, and may contain trade secrets. The parties agree that the confidential information and documents produced and discussed in this case should be protected as further set forth herein.

         PROTECTIVE ORDER

         IT IS THEREFORE ORDERED that the confidential, proprietary, and trade secret information and documents received and produced by the parties and filed with this Court may be utilized in this case only in accordance with the following terms:

         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as used herein means confidential, proprietary, and trade secret information as designated by the parties, and other unpublished and confidential information relating to the parties.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 and officers, directors, employees, board members, elected officials, and in-house legal counsel, of the parties;
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 clerks of court, 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 ...

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