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Edwards v. The Urban League of Nebraska, Inc.

United States District Court, D. Nebraska

March 26, 2019

KAREN EDWARDS, an Individual, Plaintiff,
v.
THE URBAN LEAGUE OF NEBRASKA, INC., a Nebraska Non Profit Corporation Defendant.

          JOINT STIPULATED PROTECTIVE ORDER

          Susan M. Bazis United States Magistrate Judge

         This 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 follows:

         1. 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.

         2. 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 “Confidential Information”:

(a) Financial and medical documents;
(b) Non-party personnel files and records; and
(b) Proprietary business documents.

         Notwithstanding 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.

         3. 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.

         4. 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.

         5. 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.

         6. Protection of Confidential Material.

         (a) General Protections.

         Designated 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.

         (b) Who May View Designated Confidential Information.

         Except with the prior written consent of the designating party or prior order of the court, designated Confidential Information ...


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