United States District Court, D. Nebraska
JOINT STIPULATED PROTECTIVE ORDER
M. Bazis United States Magistrate Judge
matter is before the Court on the parties' Joint
Stipulation for Protective Order. (Filing No. 39.)
The motion is granted. Accordingly, IT IS
ORDERED that a Protective Order is entered as
Scope. All documents and materials produced in the
course of discovery of this case, including initial
disclosures, responses to discovery requests, all deposition
testimony and exhibits, and information derived directly
therefrom (hereinafter collectively “documents”),
are subject to this Order concerning Confidential Information
as set forth below.
Definition of Confidential Information. As used in
this Order, “Confidential Information” is defined
as information that the producing or receiving party
designates in good faith has been previously maintained in a
confidential manner and should be protected from disclosure
and use outside the litigation because its disclosure and use
is restricted by statute or could potentially cause harm to
the interests of disclosing party or nonparties. For purposes
of this Order, the parties include the following categories
of information or documents in the definition of
(a) Financial and medical documents;
(b) Non-party personnel files and records; and
(b) Proprietary business documents.
the foregoing, no document shall be considered to contain
"Confidential Information" unless explicitly
designated as "Confidential" by a party.
Information or documents that are available to the public may
not be designated as Confidential Information.
Definition of Attorneys' Eyes Only Information.
As used in this Order, “Attorneys' Eyes Only
Information” is defined as Confidential Information
that the producing or receiving party designates in good
faith has been previously maintained in a confidential manner
and should be protected from disclosure and use outside the
litigation because its disclosure and use has the capability
of damaging a party's reputation, character, or causing
personal embarrassment, even if the disclosure is limited by
the restrictions placed on “Confidential”
discovery materials. Notwithstanding the foregoing, no
document shall be considered to contain "Attorneys'
Eyes Only Information" unless explicitly designated as
"Attorneys' Eyes Only" by a party.
Form and Timing of Designation. The producing party
may designate documents as containing Confidential
Information or Attorneys' Eyes Only Information and
therefore subject to protection under this Order by marking
or placing the words "CONFIDENTIAL" or
“CONFIDENTIAL -SUBJECT TO PROTECTIVE ORDER” or
“ATTORNEYS' EYES ONLY” (hereinafter
“the marking”) on the document and on all copies
in a manner that will not interfere with the legibility of
the document. As used in this Order, “copies”
includes electronic images, duplicates, extracts, summaries
or descriptions that contain the Confidential Information.
The marking will be applied prior to or at the time the
documents are produced or disclosed. Applying the marking to
a document does not mean that the document has any status or
protection by statute or otherwise except to the extent and
for the purposes of this Order. Copies that are made of any
designated documents must also bear the marking, except that
indices, electronic databases, or lists of documents that do
not contain substantial portions or images of the text of
marked documents and do not otherwise disclose the substance
of the Confidential Information are not required to be
marked. By marking a designated document as Confidential or
Attorneys' Eyes Only, the designating attorney or party
thereby certifies that the document contains Confidential
Information or Attorneys' Eyes Only Information as
defined in this Order.
Depositions and Documents Received Pursuant to
Subpoena. Deposition testimony and/or documents
received pursuant to subpoena will be deemed confidential
only if designated as such when the deposition is taken or
documents are received pursuant to subpoena or within a
reasonable time period after receipt of the deposition
transcript or documents received pursuant to subpoena. Such
designation must be specific as to the portions of the
transcript and/or any exhibits or documents to be protected.
Protection of Confidential Material.
Confidential Information and Attorneys' Eyes Only
Information may be used or disclosed solely for purposes of
prosecuting or defending this lawsuit, including any appeals,
or any other related legal proceeding brought by one of the
parties to this litigation.
Who May View Designated Confidential Information.
with the prior written consent of the designating party or
prior order of the court, designated Confidential Information