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Benson v. City of Lincoln
United States District Court, D. Nebraska
July 8, 2019
AMANDA BENSON, Plaintiff,
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
R. ZWART UNITED STATES MAGISTRATE JUDGE
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
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,
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
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.
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
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
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.
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 ...