Doe v. Nebraska State Patrol et al

Filing 87

ORDER adopting (391) Joint Stipulation for Protective Order in case 8:09-cv-00456-RGK -CRZ; adopting (86) Joint Stipulation for Protective Order in case 4:09-cv-03266-RGK -CRZ; adopting (80) Joint Stipulation for Protective Order in case 4:10-cv-03005-RGK -CRZ. Member Cases: 8:09-cv-00456-RGK -CRZ, 4:09-cv-03266-RGK -CRZ, 4:10-cv-03005-RGK -CRZ. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JOHN DOE, et al.,
Plaintiffs,
v.
STATE OF NEBRASKA, et al.,
Defendants.
____________________________________
JOHN DOE,
Plaintiff,
vs.
NEBRASKA STATE PATROL, et al.,
Defendants.
_____________________________________
JOHN DOE,
Plaintiff,
vs.
STATE OF NEBRASKA, et al.,
Defendants.
____________________________________

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8:09-cv-456
JOINT STIPULATION AND
PROTECTIVE ORDER

4:10-cv-3266

4:10-cv-3005

Under Fed. R. Evid. 502(d) and (e), as well as the Court’s April 19, 2011 Memorandum
and Order (Filing #384) and May 3, 2011 Order (Filing #390), the parties file this joint
stipulation and protective order for the Court’s review and approval. The parties represent to the
Court that they have conferred and reached the following agreement regarding the scope, type,
and method of document disclosure for any unfulfilled discovery requests not subject to the
Court’s May 3, 2011 Order.
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JOINT STIPULATION
Plaintiffs’ have served the following Interrogatories and Requests for Production of
Documents on Defendants. Defendants agree to identify and produce documents in response to
each of the requests as detailed below, subject to any privileges that may apply:
Defendant Douglas County Attorney
Interrogatory No. 2: Identify all documents and any correspondence, in any form or medium,
which relate in any way to the enforcement of the Nebraska Sex Offender
Registration Act over the past three (3) years.
Agreement:

The Douglas County Attorney’s Office agrees to identify all responsive
documents in its possession, custody, or control subject to the following
limitations: (1) the subject matter of the documents pertain to Neb. Rev.
Stat. §§ 28-322.05, 29-4006(1)(k), 29-4006(1)(s), or 29-4006(2) (Cum.
Supp. 2010).

Requests for Production as to Defendants State of Nebraska, Nebraska State Patrol, Nebraska
Attorney General Jon Bruning, and Col. Bryan Tuma:
Request No. 3:

All interoffice communications and correspondence within the Nebraska
Attorney General’s Office regarding the drafting and editing of LB 285,
including, but not limited to, all electronically stored communication or
correspondence.

Agreement:

The Nebraska Attorney General’s Office agrees to produce all responsive
documents in its possession, custody, or control subject to the following
limitations: (1) the subject matter of the documents pertain to Neb. Rev.

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Stat. §§ 28-322.05, 29-4006(1)(k), 29-4006(1)(s), or 29-4006(2) (Cum.
Supp. 2010); and (2) the documents were created prior to or on May 29,
2009.
Request No. 4:

All interoffice communications and correspondence within the Nebraska
Attorney General’s Office regarding the drafting and editing of LB 97,
including, but not limited to, all electronically stored communication or
correspondence.

Agreement:

The Nebraska Attorney General’s Office agrees to produce all responsive
documents in its possession, custody, or control subject to the following
limitations: (1) the subject matter of the documents pertain to Neb. Rev.
Stat. §§ 28-322.05, 29-4006(1)(k), 29-4006(1)(s), or 29-4006(2) (Cum.
Supp. 2010); and (2) the documents were created prior to or on May 20,
2009.

Request No. 7:

All interoffice communications and correspondence within the Nebraska
State Patrol regarding LB 285, including, but not limited to, all
electronically stored communication or correspondence.

Agreement:

The Nebraska State Patrol agrees to produce all responsive documents in
its possession, custody, or control subject to the following limitations: (1)
the subject matter of the documents pertain to Neb. Rev. Stat. §§ 28322.05, 29-4006(1)(k), 29-4006(1)(s), or 29-4006(2) (Cum. Supp. 2010);
and (2) the documents were created after January 14, 2009.

Request No. 8:

All interoffice communications and correspondence within the Nebraska
State Patrol regarding LB 97, including, but not limited to, all

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electronically stored communication or correspondence.
Agreement:

The Nebraska State Patrol agrees to produce all responsive documents
subject to the following limitations: (1) the subject matter of the
documents pertain to Neb. Rev. Stat. §§ 28-322.05, 29-4006(1)(k), 294006(1)(s), or 29-4006(2) (Cum. Supp. 2010); and (2) the documents were
created after January 9, 2009.

Request No. 12:

For the past three (3) years, all documentation and correspondence of any
kind, including, but not limited to, electronic information and
correspondence, pertaining to the enforcement of the Nebraska Sex
Offender Registration Act.

Agreement:

Defendants agree to produce all responsive documents subject to the
following limitations: (1) the documents are in the possession, custody, or
control of the Nebraska Attorney General’s Office or the Nebraska State
Patrol; (2) the subject matter of the documents pertain to Neb. Rev. Stat.
§§ 28-322.05, 29-4006(1)(k), 29-4006(1)(s), or 29-4006(2) (Cum. Supp.
2010); and (3) the documents were created between January 9, 2009 and
December 30, 2009.

Request No. 13:

For the past three (3) years, all documentation and correspondence of any
kind, including, but not limited to, electronic information and
correspondence, pertaining to the interpretation of the Nebraska Sex
Offender Registration Act.

Agreement:

Defendants agree to produce all responsive documents subject to the
following limitations: (1) the documents are in the possession, custody, or

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control of the Nebraska Attorney General’s Office or the Nebraska State
Patrol; (2) the subject matter of the documents pertain to Neb. Rev. Stat.
§§ 28-322.05, 29-4006(1)(k), 29-4006(1)(s), or 29-4006(2) (Cum. Supp.
2010); and (3) the documents were created between January 9, 2009 and
December 30, 2009.
Defendants agree to identify and produce documents and privilege logs in response to the
above Interrogatories and Requests for Production of Documents within 60 days of the Court’s
approval of this Joint Stipulation and Protective Order. In light of the Court’s ruling on
Defendants’ Motion to Stay (Filing #390), the parties reserve the right to further enter into a
Joint Stipulation and Protective Order as it relates to Plaintiffs’ Requests for Production of
Documents Nos. 1, 2, 5, 6, 9, and 10 following resolution of Defendants’ Objections to
Magistrate Judge’s Order (Filing #386).
PROTECTIVE ORDER
The parties agree that the following terms shall govern the disclosure of any privileged
material in this action:
1. Privileged material means any documents or information, in any form, subject to a
evidentiary privilege under the Federal Rules of Evidence.
2. The inadvertent disclosure of any document which is subject to a legitimate claim that
the document should have been withheld from disclosure as privileged material shall
not waive any privilege for that document or for the subject matter of the
inadvertently disclosed document if the producing party, upon becoming aware of the
disclosure, promptly requests its return and takes reasonable precautions to avoid
such inadvertent disclosure.

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3. Except in the event that the requesting party disputes the claim, any documents which
the producing party deems to contain inadvertently disclosed privileged material shall
be, upon written request, promptly returned to the producing party or destroyed at the
producing party’s option. This includes all copies, electronic or otherwise, of any
such documents. In the event that the producing party requests destruction, the
requesting party shall provide written certification of compliance within five days of
such written request. In the event that the requesting party disputes the producing
party’s claim as to the protected nature of the inadvertently disclosed material, a
single set of copies may be sequestered and retained by and under the control of the
requesting party for the sole purpose of seeking court determination of the issue.
4. Any privileged material inadvertently disclosed by the producing party to the
requesting party under this agreement shall be and remain the property of the
producing party.
5. Nothing in this agreement shall prevent any party from applying to the Court for a
modification of this agreement should the moving party believe the agreement is
hampering its efforts to prepare for trial; or from applying to the Court for further and
additional protective agreements; or from and agreement between the parties to any
modification of this agreement, subject to the approval of this Court.
6. This agreement shall survive the final termination of this case regarding any retained
documents or their contents.

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Dated: May 6, 2011
STATE OF NEBRASKA, et al., Defendants.
BY: JON BRUNING, #20351
Attorney General
BY: s/ Katherine J. Spohn _______
Katherine J. Spohn, #22979
Kevin L. Griess, #22182
Assistant Attorneys General
2115 State Capitol
Lincoln, NE 68508
[phone]
[e-mail]
[e-mail]
Attorneys for Defendants.

John Doe and Jane Doe 1 through 36,
John Doe and Jane Doe A through K,
Doe 12 on behalf of Does H and K, minors, and
Doe G on behalf of Doe I, minor,
Plaintiffs (8:09-cv-456)
John Doe,
Plaintiff (8:10-cv-3005)
John Doe,
Plaintiff (8:09-cv-3266)

BY:

s/ Stuart J. Dornan
STUART J. DORNAN, #18553
THOMAS MONAGHAN, #12874
JASON E. TROIA, #21793
JOSHUA W. WEIR, #23492
RODNEY C. DAHLQUIST, JR., #23912
Dornan, Lustgarten & Troia, PC LLO
1403 Farnam Street, Suite 232
Omaha, Nebraska 68102
[phone]
Attorneys for Plaintiffs

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CERTIFICATE OF SERVICE
I hereby certify that on May 6, 2011, I electronically filed the foregoing document with
the Clerk of the U.S. District Court for the District of Nebraska using the CM/ECF system,
causing notice of such filing to be served on Plaintiffs’ counsel of record.
By:

s/ Katherine J. Spohn______
Katherine J. Spohn, #22979

IT IS ORDERED:
Pursuant to Rule 502(d) and (e) of the Federal Rules of Evidence, and this court's general authority
to regulate and authorize the discovery process in pending cases, the parties' stipulation for production
of discovery and for a protective order, as set forth above, is hereby approved and is so ordered by
the court.
_______________________________
United States Magistrate Judge

5/9/2011

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