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Oppliger v. Institute for Environmental Health, Inc.

United States District Court, D. Nebraska

April 1, 2019

STEPHANIE OPPLIGER, Plaintiff,
v.
INSTITUTE FOR ENVIRONMENTAL HEALTH, INC., Defendant.

          JOINT PROTECTIVE ORDER

          SUSAN M. BAZIS UNITED STATES MAGISTRATE JUDGE

         This matter is before the Court on the parties' Joint Motion for Protective Order. (Filing No. 7.) The Motion is granted. Accordingly, The parties acknowledge that certain confidential records may be disclosed during the course of discovery and any trial in this case. In order to protect the confidential nature of such information and for other good cause:

         1. All documents produced by the parties or otherwise revealed, disclosed or examined in the course of this litigation, and all testimony given by the witnesses in this litigation (the term “testimony” includes, for purposes of this Order, deposition testimony, affidavits and answers to interrogatories and to requests for admissions), which are designated “Confidential Information” as set forth herein shall be used by the parties solely for the purpose of preparation, trial, appeal, or settlement of this litigation and for no other purpose whatsoever and shall not be used by, or disclosed to, any person except Qualified Persons as defined below, except by order of this Court.

         2. Any documents filed in this litigation that have been designated, in whole or in part, as Confidential Information, as defined below, by any of the parties producing said information shall be filed under seal in compliance with the procedures in the local rules.

         3. “Confidential Information”, as used herein, means any and all employee personnel files, employee medical records, employee payroll records, Defendant's proprietary information (including nonpublic sales, marketing, and financial information), and Defendant's trade secrets. Confidential Information can exist in any form, whether it be a document, information contained in a document, information revealed during a deposition, information revealed in an interrogatory answer, information revealed in response to requests for admissions, or information revealed otherwise.

         4. Documents and other information produced by a party may be designated as “Confidential Information” by marking the pages containing such information substantially as follows:

         CONFIDENTIAL

         Other materials and information not capable of being so marked shall be designated as “Confidential” by the best means practicable and described generally in a letter to all parties.

         5. “Qualified Persons”, as used herein, means:

(a) Attorneys of record and employees of such attorneys whose access to Confidential Information is necessary for purposes of preparation, trial, appeal, or settlement of this litigation;
(b) A party's in-house counsel and his or her legal staff and employees, whose access to Confidential Information is necessary for the purposes of preparation, trial, appeal, or settlement of this litigation;
(c) Independent third parties retained or used by attorneys of record in this litigation solely for the purposes of preparation, trial, appeal, or settlement of this litigation;
(d) Named parties and officers and employees of parties, who are working on this litigation and to whom it is necessary that Confidential Information be shown for purposes of preparation, ...

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