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Benson v. City of Lincoln

United States District Court, D. Nebraska

July 8, 2019

AMANDA BENSON, Plaintiff,
v.
THE CITY OF LINCOLN, a political subdivision, CHRIS BEUTLER, TOM CASADY, DOUG MCDANIEL, TIM LINKE, LEO BENES, ERIC JONES, DARREN MERRYMAN, and SHAWN MAHLER, Defendants.

          PROTECTIVE ORDER FOR MEDIATION MATERIAL

          CHERYL R. ZWART UNITED STATES MAGISTRATE JUDGE

         Upon consideration of the parties' joint request for entry of a Protective Order, (Filing No. 41), the Court enters the following Protective Order governing the disclosure of confidential Mediation Material by a Producing Party to a Receiving Party in this Action for the purposes of mediation.

         1) Definitions. As used in this Order:

a. Action refers to the above-captioned litigation.
b. Mediation Material includes all information exchanged between the parties, whether gathered through informal requests or communications between the parties or their counsel for the purpose of mediation scheduled for July 17, 2019.
c. A Producing Party is a party to this litigation, or a non-party either acting on a party's behalf, that produces Mediation Material in this Action.
d. A Receiving Party is a party to this litigation that receives Mediation Material from a Producing Party in this Action.

         2) Confidential Mediation Material. This Protective Order applies to all confidential Mediation Material produced or obtained in this case for purposes of the mediation scheduled for July 17, 2019. For purposes of the mediation, Plaintiff has agreed to produce her medical and Employee Assistance Program records from January 1, 2014 to present, and Defendants have agreed to produce the unredacted Dispositional Memorandum that is the investigative report completed by Kimberley Taylor Riley for the internal complaint made by Amanda Benson. The parties agree to exchange these documents by July 8, 2019. No. other materials shall constitute Mediation Material, unless otherwise agreed to by the parties in writing. If the parties are unable to meet the production deadline of the Mediation Material, the parties may agree to an extension in writing or either party may elect to request a new date for the mediation in order to be fully prepared.

         3) Manner of Confidential Designation. A Producing Party shall affix a “CONFIDENTIAL” designation to any confidential Mediation Material produced in this Action.

a. As to documentary information (defined to include paper or electronic documents, the Producing Party must affix the legend “CONFIDENTIAL” to each page that contains protected material.
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 Mediation Material as “CONFIDENTIAL, ” the Producing Party shall indicate via cover letter or otherwise at the time of production that the material being produced is CONFIDENTIAL.

         4) Timing of Confidential Designation.

a. Except as otherwise stipulated or ordered, Mediation Material that qualifies for protection under this Order must be clearly so designated before the ...

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