Maret v. Dorel Juvenile Group, Inc. et al

Filing 32

ORDER granting 31 Motion for Protective Order. Ordered by Magistrate Judge Cheryl R. Zwart. (CRZ)

IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEBRASKA

JALIESA MARET, SPECIAL )

CASE NO. 4:11-CV-03093

ADMINISTRATOR OF THE ESTATE OF )
CAMRON T AYLOR MARET, Deceased, )
)

Plaintiff,

)
)

vs.

)

DOREL JUVENILE GROUP, INC. and

)

KMART CORPORATION,

)
)

Defendants.

)
)

PROTECTIVE ORDER
The Court being fully advised on the premises, IT IS HEREBY ORDERED:
1. This Protective Order shall govern all documents, computer disks,

information, and tangible materials which the parties shall designate as "confidentiaL"
2. The parties may specifically designate as "confidential" any documents,

information, or materials of a proprietary, financial, or competitively sensitive nature,

or which otherwise implicate any recognized privacy interest, by placing in a
conspicuous location a stamp bearing the legend" confidential" or the like. At this time,
the parties specifically contemplate medical records, design drawings,

manufacturing/ specification information, internal deliberations, consumer information,

and internal testing as being among the materials entitled to protection. Additional
categories of materials may arise during the discovery process.

3. Any party also may designate as confidential any portion of a deposition
transcript that it deems to include confidential information.

4. No documents, inormation or materials designated as "confidential" by

another party shall be furnished, shown, or otherwise disclosed to any person
unaffilated with the designating party except the following qualified persons: (1)

counsel for the parties, their associate attorneys, paralegal assistants, and clerical
employees assistig such counsel and employees; (2) essential employees of the parties

with whom it is necessar to consult in connection with the prosecution of this cause;
and (3) outside consultants and experts retained by the parties to consult and/ or assist

counsel in the preparation and trial of this action. All documents, inormation, and
materials that are designated as confidential shall be used solely for the preparation and
trial of this action and for no other purpose.
5. Before any person unaffilated with the Court, other than counsel of

record and counsel's employees, receives or reviews documents, information, or

materials designated as "confidential" by another party, he or she shall be provided
with a copy of this Protective Order and shall agree in writing to be bound by its terms
by executing a copy of the attached "Acknowledgment." Executors of said

Acknowledgment shall be vicariously responsible for any violation of this Protective

Order effected by any person who has received or reviewed inormation from the
executor that was designated by another party as "confidential," and who has not
executed a copy of the attached "Acknowledgment." The Acknowledgment for an
expert or consultant shall intially be held by counsel for the parties receiving

confidential information and promptly released to counsel for the designating parties
when such expert or consultant is disclosed, receives confidential information if he or

she is already disclosed, or at the end of the case, whichever comes first. Counsel for
the respective parties also shall maintain a list of each and every person to whom they

have disclosed material subject to this Protective Order, with such list available for
production to the Court upon an appropriate Order. Counsel of record and counsel's

employees need not execute such an Acknowledgment, but are deemed subject to the
provisions of this Order by virtue of its entry.
6. All copies, reproductions, extracts, and summaries of documents, answers

to interrogatories, responses to requests for admission, testimony and other materials
and information, as well as briefs and other Court papers that quote or refer to
confidential documents, information, or materials also shall be subject to the provisions
of this Protective Order.

7. Whenever fied with the Court for any reason, all designated materials
disclosed by any party shall be submitted for filing with the Court under seal and shall
be kept under seal until further order of the Court. However, such designated materials
shall contiue to be available to the Court and to slich persons who are permitted access
to the same under this Protective Order. Where possible, only the confidential portions

of filngs with the Court shall be fied under seal.

8. Nothig contained in this Protective Order shall bar or restrict the parties'
attorneys from rendering advice to their respective clients with respect to this litigation,
as long as the confidentiality provisions of this Order are otherwise observed. This

Protective Order shall not prevent the use of "confidential" documents, inormation, or
materials at a deposition, so long as reasonable advance notice is given to the opposing

party that the other party wil or may use confidential materials, so that the documents,

inormation, or materials shall be disclosed or displayed only upon the implementation

of reasonable safeguards to preserve their confidentiality. The use of "confidential"
documents at a deposition does not otherwise affect the protection of those documents
under the terms of this Protective Order.
9. The inadvertent or unintentional disclosure of "confidential" information,

regardless of whether the information was so designated at the time of disclosure, shall
not be deemed a waiver in whole or in part of a party's claim of confidentiality either as

to specific information disclosed therein or on the same or related subject matter,

provided that the party assertig the claim of confidentiality informs the opposing

party of its claim with a reasonable time afer learnig of the disclosure.
10. Materials designated as "confidential" shall not be placed or deposited in

any sort of data bank or otherwise be made available through indiscriminate or general

circulation to lawyers, litigants, consultants, expert witnesses, or any other persons or
entities. This paragraph and the other provisions of this Protective Order shall not

apply to materials which, if challenged by another party, the Court rules are not entitled
to protection.
11. All parties other than the designatig party, including their counsel,

techncal consultants, and/ or experts shall not otherwise sell, offer, advertise, publicize,
or provide under any condition, any inormation provided and designated as

"confidential" by the designatig party, to any competitor of the designatig party.

12. Within thirty (30) days of the conclusion of this case, defined as the latest
of the completion of the trial and appeals, if any, in this action, or at the satisfaction of
any judgment, or upon conclusion of any settlement, if any, parties in receipt of another

party's "confidential" documents agree to return or destroy all copies of "confidential"
documents, inormation, or materials to the designatig party, excluding counsel of
record's origial work product. Each party in receipt of designated documents shall
deliver to the designating party an affidavit within thity (30) days of the conclusion of

this case certiying that all such" confidential" inormation and copies thereof, excerpts

from and summaries of such information, have been returned to the party who
produced such "confidential information," or have been destroyed. The parties shall
further provide, within thity (30) days of the conclusion of ths case, affidavits from

each testiying or consulting expert to which they have provided such information,

certiying their compliance with ths provision.
13. If any party elects to challenge a designation of "confidential" made by

the other party, the challenging party shall provide written notice to the designating

party withi thity (30) days of receipt of the document(s) in question. The notice shall

specify by bates number the documents, information, or materials for which the
designation is challenged, and the specific and complete basis for the challenge.

Thereafter, the provisions of the agreement shall apply to such materials for a period of

sixty (60) days only, and shall expire unless the producing party files a motion for
protective order from the Court prior to such time. In the event such motion is filed, the

terms of this Protective Order shall remain in place as to such documents, information,
and materials unti the Court rules upon the motion.
14. All materials designated as confidential shall be treated as such pursuant

to the terms of this Protective Order unti further order of this Court. Such a
designation raises no presumption that the information or documents are entitled under
the law to protection.
15. The determination of how any material designated as "confidential" shall

be used at the trial of this case, if any, is not made at this tie. Rather, any such
determination wil be made prior to triaL
16. The terms of this Protective Order shall become effective upon agreement

of the parties or entry by the Court, whichever happens first, and shall survive and
remain in full force and effect after conclusion of this cause of action. The Court shall

retain jurisdiction after the conclusion of this action to enforce the term of the
Protective Order.

DATED ths 22nd
_ day of September

, 2011.

United of the U.S. Distrct Court for the
Judge States Magistrate Judge

District of Nebraska

IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEBRASKA

JALIESA MARET, SPECIAL )

CASE NO. 4:11-CV-03093

ADMINISTRATOR OF THE ESTATE OF )
CAMRON T AYLOR MARET, Deceased, )

Plaintiff,

)
)
)

vs.

)

DOREL JUVENILE GROUP, INC and

)

KMART CORPORATION,

)
)

Defendants.

)

)

ACKNOWLEDGEMENT OF PROTECTIVE ORDER

I, , hereby acknowledge that I have
read the Protective Order entered in connection with the above-captioned matter, and
that I am familar with its terms.

The undersigned further acknowledges that he or she fully understands
the provisions of the Protective Order, agrees to be bound by those provisions, consents
to the jurisdiction of the United States District Court for the District of Nebraska, over
his or her person, and has been apprised of the penalties attendant upon a violation of
any of said provisions.

DATED:

(signature)

(printed name)