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JP Morgan Chase Bank, N.A. v. Henderson State Bank

United States District Court, D. Nebraska

April 5, 2019

JPMORGAN CHASE BANK, N.A., Plaintiff,
v.
HENDERSON STATE BANK, Defendant.

          STIPULATED PROTECTIVE ORDER

          Susan M. Bazis United States Magistrate Judge

         This matter is before the Court on the parties' joint request for entry of a Protective Order. (Filing No. 23.) The request is granted. Accordingly, the Court enters the following Protective Order governing the disclosure of confidential Discovery Material by a Producing Party to a Receiving Party in this Action.

         1) Definitions. As used in this Order:

a. Action refers to the above-captioned litigation.
b. Discovery Material includes all information exchanged hereafter between the parties that is gathered through Initial Rule 26(a) disclosures or formal discovery conducted pursuant to Rules 30 through 36, and Rule 45, or gathered through transmission of documents informally hereafter between respective counsel for one party in this litigation and for any other party in this litigation. Discovery Material includes information within documents, depositions, deposition exhibits, and other written, recorded, computerized, electronic or graphic matter, copies, and excerpts or summaries of documents disclosed as required under Rule 26(a).
c. A Producing Party is a party to this litigation, or a non-party either acting on a party's behalf or responding to discovery pursuant to a Rule 45 subpoena, that produces Discovery Material in this Action.
d. A Receiving Party is a party to this litigation that receives Discovery Material from a Producing Party in this Action.

         2) Confidential Discovery Material. This Protective Order applies to all confidential Discovery Material produced or obtained in this case. For the purposes of this Protective Order, confidential Discovery Material shall include the following, but only if designated as Confidential per Paragraph 3 hereinafter:

a. Commercial information relating to any party's business including, but not limited to, tax data, financial information, financial or business plans or projections, proposed strategic transactions or other business combinations, internal audit practices, procedures, and outcomes, trade secrets or other commercially sensitive business or technical information, proprietary business and marketing plans and strategies, studies or analyses by internal or outside experts, competitive analyses, customer or prospective customer lists and information, profit/loss information, product or service pricing or billing agreements or guidelines, and/or confidential project-related information;
b. Personnel data of the parties or their employees, including but not limited to employment application information; the identity of and information received from employment references; wage and income information; benefits information; employee evaluations; medical evaluation and treatment information and records; counseling or mental health records; educational records; and employment counseling, discipline, or performance improvement documentation;
c. Information concerning settlement discussions and mediation, including demands or offers, arising from a dispute between a party and a non-party;
d. Medical or mental health information;
e. Records restricted or prohibited from disclosure by statute or regulation; and
f. Any information copied or extracted from the previously described materials, including all excerpts, summaries, or compilations of this information or testimony, and documentation of questioning, statements, conversations, or presentations that might reveal the information contained within the underlying confidential Discovery Material.

         Provided, however: Confidential information does not include information obtained from a party's internet websites, externally circulated marketing materials, or, if publicly-available, regulatory filings, courthouse records, or other government records. Confidential information does not include information that was or has been public knowledge absent a breach of this Protective Order or information that the Receiving Party demonstrates the Receiving Party had already learned from a third party in circumstances that the Receiving Party did not violate any rights of the Producing Party. The fact that certain information is listed in the Paragraph 2 as confidential does not mean the parties agree it is confidential for all purposes, such as for a determination outside of this litigation whether one party has a proprietary interest in the allegedly confidential information.

         3) Manner of Confidential Designation. A Producing Party shall affix a “CONFIDENTIAL” designation to any confidential Discovery Material produced in this Action, unless other express, written arrangements are made between counsel for the Producing Party and all Receiving Parties.

a. As to documentary information (defined to include paper or electronic documents, but not transcripts of depositions or other pretrial or trial proceedings), the Producing Party must affix the legend “CONFIDENTIAL” to each page that contains protected material or, if an entire document is confidential, may affix to the first page of the document a written notation "Document is Confidential" or the equivalent.
b. If only a portion or portions of the information on a document page qualifies for protection, the Producing Party must clearly identify the protected portion(s) (e.g., by using highlighting, underlining, or appropriate markings in the margins).
c. If it is not feasible to label confidential Discovery Material as “CONFIDENTIAL, ” the Producing Party shall indicate via cover letter, email transmitting the Discovery Material, or otherwise at the time of ...

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