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McGehee v. Nebraska Department of Correctional Services

United States District Court, D. Nebraska

April 23, 2019

JASON MCGEHEE, STACEY JOHNSON, BRUCE WARD, TERRICK NOONER, and DON DAVIS, Plaintiffs,
v.
NEBRASKA DEPARTMENT OF CORRECTIONAL SERVICES, Defendant.

          PROTECTIVE ORDER

          Laurie Smith Camp Senior United States District Judge.

         This matter is before the Court on the parties' Stipulation and Joint Motion for Entry of Protective Order. ECF No. 46. The parties to the above-styled action, by and through their respective counsel, have agreed and stipulated to the entry of this Agreed Protective Order, subject to the approval of the Court. The Court concludes the Stipulation and Joint Motion should be granted and hereby approves of and enters this Agreed Protective Order. The parties and their counsel agree to comply with all the terms of this Agreed Protective Order as set forth below.

         1) “This case, ” the “instant litigation, ” and similar terms, as used herein, refer to the above-captioned case as well as the underlying case in the Eastern District of Arkansas, styled Jason McGehee, et al. v. Asa Hutchinson et al., No. 4:17-cv-00179 KGB.

         2) This Agreed Protective Order between the Nebraska Department of Correctional Services and Plaintiffs covers the use and disclosure of Highly Confidential Material of any kind produced in connection with this case by the parties to the Arkansas litigation and by other third parties.

         3) All material produced by the Nebraska Department of Correctional Services is Highly Confidential Material and may not be disclosed to any persons or entities other than those specified in paragraph 8 of this Order and under the terms of this Order.

         4) The provisions of this Order extend to all Highly Confidential Material regardless of the manner or form in which it is disclosed.

         5) The designation of Highly Confidential Material for the purposes of this Agreed Protective Order shall be made by plainly marking the item, or where that is not possible, by marking a container or tag, with the legend “HIGHLY CONFIDENTIAL.” Whenever any Highly Confidential Material is to be discussed or disclosed in a deposition, the Nebraska Department of Correctional Services may exclude from the room any person who is not entitled to receive such information.

         6) The inadvertent failure to designate specific information or material as Highly Confidential Material shall not be deemed a waiver in whole or in part of the Producing Party's claim of confidentiality as to such information or material.

         7) Highly Confidential Material may be used solely in connection with the instant litigation. The identity, content, and/or any summary of Highly Confidential Material shall be maintained in strict confidence by the Plaintiffs. Highly Confidential Material may not be disclosed to any persons or entities other than those specified in paragraph 8.

         8) The Plaintiffs may show or otherwise divulge Highly Confidential Material only to the following persons:

a. Counsel of record in this case, provided that, prior to accessing any Highly Confidential Material, counsel shall complete Exhibit A and e-mail a completed copy of Exhibit A to counsel for Nebraska Department of Correctional Services;
b. Up to ten (10) staff persons assisting counsel of record, including, but not limited to, secretaries, photocopying personnel, and legal assistants, provided that, prior to accessing any Highly Confidential Material, staff shall complete Exhibit A and e-mail a completed copy of Exhibit A to counsel for Nebraska Department of Correctional Services;
c. Parties' experts, including testifying experts where the information is relevant to their testimony, and investigators, provided that these individuals complete and file Exhibit A in the United States District Court for the District of Nebraska before having access to the Highly Confidential Material;
d. The Court and Court personnel, including court reporters and others involved in the recording of depositions, provided that anyone other than the United States District Court for the Eastern District of Arkansas, or that Court's personnel, complete and file a copy of Exhibit ...

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