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Zawaideh v. The Standard Insurance Co.
United States District Court, D. Nebraska
July 12, 2019
ZIAD L. ZAWAIDEH, Plaintiff,
THE STANDARD INSURANCE COMPANY, Defendant.
Michael D. Nelson, United States Magistrate Judge.
consideration of the parties' joint request for entry of
a Protective Order in the filing of the Rule 26(f) Report,
(Filing No. 9), 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.
in this Order:
a. Action refers to the above-captioned litigation.
b. 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).
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
Confidential Discovery Material.
Protective Order applies to all confidential Discovery
Material produced or obtained in this case. For the purposes
of this Protective Order, confidential Discovery Material
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 statute; 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.
Manner of Confidential Designation.
Producing Party shall affix a “CONFIDENTIAL”
designation to any confidential Discovery Material produced
in this Action.
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.
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 Discovery
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, or where
discovery is made available for inspection before it is
formally disclosed, Discovery Material that qualifies for
protection under this Order must be clearly so designated
before the material is disclosed or produced.
b. If the Producing Party responds to discovery by making
Discovery Material available for inspection, the Producing
Party need not affix confidential designations until after
the Receiving Party has selected the material it wants to
receive. During the inspection and before the designation,
all material made available for inspection is deemed
“CONFIDENTIAL.” After the Receiving Party has
identified the Discovery Material it wants produced, the
Producing Party must determine which materials, or portions
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