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Streck, Inc. v. Ryan

United States District Court, D. Nebraska

February 1, 2019

STRECK, INC., a Nebraska Corporation, Plaintiff,
v.
STEVEN RYAN, CAROL RYAN and BARRY UPHOFF, Defendants.

          STIPULATED PROTECTIVE ORDER

          Cheryl R. Zwart United States Magistrate Judge

         Plaintiff Streck, Inc. (“Plaintiff”) and Defendants Steven Ryan, Carol Ryan, and Barry Uphoff (“Defendants”) (collectively the “Parties”) hereby agree to and enter into this Stipulated Protective Order (the “Protective Order”) to limit the disclosure of confidential, proprietary business, personal, and/or financial information concerning the Parties, individuals not a party to the lawsuit, and/or this lawsuit, and to protect the confidentiality of such materials being produced. This Protective Order therefore is intended to protect against unauthorized disclosure of any such information and to ensure that such information will be used only for the purposes of this action and, pursuant to Court Order, in No. 4:16-CV-3130, CFGenome, LLC & Dr. M. Rohan Fernando v. Streck, Inc. v. Gary Krzyzanowski. It is agreed by and between Plaintiff and Defendants, through their undersigned counsel of record, and ordered by the Court as follows:

         1. The Parties have sought, anticipate seeking or receiving, and/or anticipate disclosing, providing, or producing (collectively “disclosing”) documents, testimony, and other information (collectively, the “Information” or “Discovery Material”) that may contain confidential, proprietary business, personal, and/or financial information concerning the parties, including information from the case captioned No. 4:16-CV-3130, CFGenome, LLC & Dr. M. Rohan Fernando v. Streck, Inc. v. Gary Krzyzanowski, pending in the United States District Court for the District of Nebraska, pursuant to Docket Entry Number 117 in that case.[1] This Protective Order shall govern the disclosure, maintenance, and use of all Information of these types, in any form whatsoever, unilaterally designated by Plaintiff or Defendants as containing confidential, proprietary business, personal, and/or financial information concerning the parties (the “Confidential Information”). Confidential Information so-designated by a party shall include, but not be limited to, any document, testimony, or response to a discovery request, including any extract, abstract, chart, summary, recording, transcription, note, or copy made therefrom, or any other tangible things that may be protected under Federal Rule of Civil Procedure 26(c) that is designated by Plaintiff or Defendants. The Parties request that the Court enter this Stipulated Protective Order for the purpose of preventing the disclosure and use of Confidential Information by any party or nonparty except as set forth therein.

         2. For purposes of this Order, Information considered to be Confidential Information includes, but is not limited to, all non-public materials containing information related to the following: proprietary business information; personal information; submissions of information to regulatory agencies and designated or requested for confidential treatment; proprietary policies and procedures; proprietary business strategies; financial or tax data; proprietary contracts; customer lists and information; competitive analyses; costs; pricing; current personnel; product and market development and planning; financial results, plans, and projections; or the financial affairs of any individual subject to discovery in this action.

         3. Provisions of this Order shall apply to (i) the parties presently named in this action and their counsel, including, in the case of parties other than individuals, their officers, directors, employees, members and agents and (ii) any other person or entity who produced Discovery Material in this action and who agrees to be bound by the terms of this Order.

         4. It shall be the duty of the party or a third party who seeks to invoke protection under this Order to give notice, in the manner set forth herein, of the Confidential Information to be covered hereby. The duty of the other parties and of all parties bound by this Order to maintain confidentiality hereunder shall commence with such notice.

         5. Documents disclosed by Plaintiff to Defendants or by Defendants to Plaintiff may be designated as Confidential Information when a party, third party, or their counsel in good faith believes that such Confidential Information constitutes or reveals confidential, proprietary business, personal, trade secret, and/or financial information concerning the parties.

         6. Documents may be designated as Confidential Information in the following manner:

(a) By imprinting the word “Confidential” on the first page or cover page of any document, if the whole document is to be designated as Confidential Information, or on each page, if fewer than all pages are to be designated as Confidential Information;
(b) By imprinting the word “Confidential” next to or above any response to an interrogatory or request for admission; or
(c) With respect to testimony that is not transcribed, by giving written notice to opposing counsel designating such portions of the testimony as Confidential Information no later than fourteen (14) days after the testimony is given.

         7. Confidential Information shall be disclosed only to the following: (a) Defendants and Plaintiff; (b) their counsel of record; (c) any person retained or employed to assist the attorneys of record in this litigation including, but not limited to, other attorneys and/or other experts, court reporters and/or legal assistants, commercial litigation support service vendors, provided such vendors are subject to conditions of confidentiality in connection with material designated under this Protective Order; (d) potential witnesses in this litigation, provided such witnesses agree to be bound to this Protective Order as set forth in paragraph 8; (e) persons whose names appear on the documents as authors, addressees, or recipients; (f) the Court and its personnel; (g) the parties and the officers and employees of any party solely for the purpose of prosecuting, defending, and/or appealing the subject matter of this lawsuit; or (h) any mediator or settlement officer who is assigned to hear this matter, and his or her staff. Confidential Information shall be used only for the purpose of prosecution and defending this lawsuit and the lawsuit found at No. 4:16-CV-3130, CFGenome, LLC & Dr. M. Rohan Fernando v. Streck, Inc. v. Gary Krzyzanowski. Such Confidential Information shall be disclosed to the identified individuals solely for the purposes of assisting counsel of record with respect to this action, or for assisting any witness endorsed by any party, deposed by any party, or any person whom counsel in good faith considers to be a potential witness, but only insofar as necessary relative to matters pertaining to the testimony or anticipated testimony of such witness or potential witness in this action.

         8. Any person not bound by this Protective Order who is given access to Confidential Information shall, prior to being given any such material, be informed of the provisions of this Protective Order, read this Protective Order, and execute an Undertaking, in the form annexed hereto as Exhibit A, indicating that he or she has read this Protective Order and will abide by its terms. The original of any such Undertaking shall be retained by counsel for each party who intends to or does provide such persons any such material, until the conclusion of this action, including all appeals. The parties agree not to use these statements for any purpose other than monitoring and enforcing compliance with this Order.

         9. Any producing party or witness shall designate Confidential Information at the time of its production by marking any originals or copies of the documents or other tangible materials with the legend “Confidential.” If any document or other material is used as an exhibit at trial or otherwise displayed to the Jury, all markings indicating that the document or material had previously been designated by the party pursuant to this Order as “Confidential” shall be removed prior to offering the document or material into evidence or displaying same, and no mention shall be made of the previous designation of ...


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