United States District Court, D. Nebraska
TAMERA S. LECHNER, REGINA K. WHITE, and STEVEN D. GIFFORD individually, on behalf of the MUTUAL OF OMAHA 401k LONG-TERM SAVINGS PLAN and on behalf of a class of all those similarly situated, Plaintiffs,
MUTUAL OF OMAHA INSURANCE COMPANY, UNITED OF OMAHA LIFE INSURANCE COMPANY and JOHN DOES 1-50, Defendants.
JOSEPH F. BATAILLON
STIPULATED PROTECTIVE ORDER
R. Zwart United States Magistrate Judge
consideration of the parties' joint request for entry of
a Protective Order, (Filing. No. 69), the Court hereby enters
the following Stipulated Protective Order governing the
disclosure and treatment of confidential Discovery Material
by a Producing Party to a Receiving Party in this Action.
Purposes and Limitations. Disclosure and
discovery activity in this Action is most likely to involve
production of confidential, proprietary, or private
information for which special protection from public
disclosure and from use for any purpose other than
prosecuting and defending the Action may be warranted.
Accordingly, the Parties hereby stipulate to, and request
that the Court enter, the following Stipulated Protective
Order (the “Order”). The Parties acknowledge that
this Order does not confer blanket protections on all
disclosures or responses to discovery, and the protection it
affords from public disclosure and use extends only to the
limited information or items that are entitled to
confidential treatment under applicable law.
Definitions. As used in this Order:
a. Action refers to the above-captioned litigation.
b. Challenging Party: a Party that challenges the
designation of information or items under this Order.
c. Counsel: Outside Counsel of Record and In-House
Counsel (as well as their support staff).
d. Designating Party: a Party or Non-Party that
designates information or items that it produces in
disclosures or in responses to discovery as
e. Discovery Material: includes all information
exchanged between the parties, whether gathered through
informal requests or communications between the parties or
their counsel, or gathered through formal discovery conducted
pursuant to Rules 30 through 36, and Rule 45. 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).
f. Expert: a person with specialized knowledge or
experience in a matter pertinent to the Action who has been
retained by a Party or its Counsel to serve as an expert
witness or consultant in the Action.
g. In-House Counsel: attorneys who are employees of
a Party to this action. In-House Counsel does not include
Outside Counsel of Record or any other outside counsel.
h. Non-Party: any natural person, partnership,
corporation, association, or other legal entity not named as
a Party in this Action.
i. Outside Counsel of Record: attorneys who are not
employees of a Party to this action but are retained to
represent or advise a Party to the Action or have appeared in
the Action on behalf of that Party or are affiliated with or
contracted by a law firm which has appeared on behalf of that
j. Party: any party to this Action, including all of
its officers, directors, and employees.
k. Producing Party: a Party or Non-Party that
produces Discovery Material in this Action.
l. Professional Vendors: persons or entities that
provide litigation support services (e.g., photocopying,
videotaping, translating, preparing exhibits or
demonstrations, and organizing, storing, or retrieving data
in any form or medium) and their employees and
m. Protected Material: any Discovery
Material designated as “CONFIDENTIAL”.
n. Receiving Party: a Party that receives Discovery
Material from a Producing Party in this Action.
Scope. This Protective Order applies to all
Protected Material produced or obtained in this case, as well
as (1) any information copied or extracted from Protected
Material; (2) all copies, excerpts, summaries, or
compilations of Protected Material; and (3) any testimony,
conversations, or presentations by Parties or their Counsel
that might reveal Protected Material. However, the
protections conferred by this Order do not cover the
following information: (a) any information that is in the
public domain at the time of disclosure to a Receiving Party
or becomes part of the public domain after its disclosure to
a Receiving Party as a result of publication not involving a
violation of this Order; and (b) any information obtained by
the Receiving Party from a source who obtained the
information lawfully and under no obligation of
confidentiality to the Designating Party. Any use of
Protected Material at trial shall be governed by a separate
agreement or order.
Duration. Even after Final Disposition of
the Action, the confidentiality obligations imposed by this
Order shall remain in effect until a Designating Party agrees
otherwise in writing or a court order otherwise directs.
“Final Disposition” shall be deemed to be the
later of (1) dismissal of all claims and defenses in the
Action, with or without prejudice; and (2) final judgment
herein after the completion and exhaustion of all appeals,
rehearings, remands, trials, or reviews of the Action,
including the time limits for filing any motions or
applications for extension of time pursuant to applicable
law. This Court will retain jurisdiction to enforce the terms
of this Order following the Final Disposition of the Action.
Confidential Discovery Material. For the
purposes of this Protective Order, confidential Discovery
Material shall include:
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
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
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
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.
Manner and Timing of Confidential
Designation. Except as otherwise provided in this
Order or as otherwise stipulated or ordered, Discovery
Material that qualifies for protection under this Order must
be clearly so designated before the material is ...