Aupperle v. Lincoln Public Schools
Filing
18
ORDER granting 17 Motion for Protective Order. Ordered by Magistrate Judge Cheryl R. Zwart. (BHC)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
RENEE AUPPERLE,
Plaintiff,
v.
LINCOLN PUBLIC SCHOOLS,
Defendant.
)
)
)
)
)
)
)
)
)
)
Case No. 4:13cv03021
PROTECTIVE ORDER REGARDING
PRODUCTION OF DOCUMENTS
NOW, this 3rd day of September, 2013, it is hereby agreed by and between the
undersigned parties that they will abide by the terms of this protective order in connection with
all discovery conducted in this action. Subject to the approval of the Court, the terms of this
protective order are as follows:
1.
The parties enter into this Agreed Order Regarding Production of Documents
("Agreed Order") controlling the use and disposition of any and all confidential documents
produced by any party and deposition testimony regarding such confidential documents in the
above-captioned case. This Agreed Order shall, in particular, govern all documents which
contain personal, private, medical, financial, and other documents marked as confidential and
produced, identified, or testified to during discovery, including depositions, that relate in any
manner to allegations in Plaintiff's Complaint. In particular, the parties acknowledge that any
information or documents contained in personnel files, relating to discipline, or relating to
complaints of harassment of or by Defendant's employees other than Plaintiff shall be deemed
confidential and covered by this Agreed Order regardless of whether such information or
documents are marked or later designated as confidential.
2.
All such Confidential Information produced and/or testified to by any party
during discovery, deposition, or trial may be considered as confidential and containing sensitive
information of a non-public nature and shall be designated as Confidential Information by the
producing party. Unless otherwise ordered by the Court, Confidential Information shall be held in
confidence by all parties or persons receiving such information and shall not be used for any
purpose other than the prosecution of this lawsuit. Confidential Information shall be disclosed
only to the parties, their attorneys of record (including counsels' employees), and their consultants
and/or designated experts, and may be utilized during the discovery and trial of this action.
3.
In no event shall any of the parties or their designated experts or non-testifying
consultants be allowed to retain any Confidential Information whatsoever produced after the
termination of this litigation, unless otherwise provided herein.
In particular, all parties'
designated experts and/or non-testifying consultants agree and acknowledge that they will not
allow any Confidential Information produced by any party to be disseminated, inspected,
reviewed, or in any way disclosed to any person or entity whatsoever without the producing
party's prior written approval.
4.
All parties, their respective consultants, experts, and their counsel shall be deemed
to have acknowledged that they are personally bound by this Agreed Order by virtue of their
appearance in this litigation.
Any and all other individuals to whom the disclosure of
Confidential Information is to be made shall, prior to such disclosure, be: (a) informed of the
existence of this Agreed Order; (b) provided with a copy of this Agreed Order; (c) instructed that
all Confidential Information is to be used exclusively in the preparation for and the trial of this
litigation and all copies and originals of any documents that contain the Confidential Information
must be returned to counsel of the party producing records as provided herein; (d) that such
2
Confidential Information and documents that may be contained therein are to be disclosed only
to such counsel and other persons as are designated or contemplated by paragraph two of this
Agreed Order; and (e) that all persons to whom this Confidential Information is disclosed shall
sign an Affidavit acknowledging receipt of this Agreed Order and their obligations under this
Agreed Order. All Affidavits of expert witnesses shall be returned to counsel for the producing
party contemporaneously with the disclosure of said expert witnesses. Should any consultant to
whom Confidential Information is disclosed subsequently be determined by counsel that they will
become a designated expert, then, and in that event, the Affidavit shall promptly be forwarded to
counsel for the producing party.
Further, counsel for any receiving party shall obtain all
Confidential Information from all non-testifying consultants for further handling pursuant to this
Agreed Order and shall also maintain the original Affidavit from the non-testifying consultant in
his/her file until the case is finally terminated.
5.
Nothing in this Agreed Order shall be deemed a waiver of any party's rights to
(a) oppose discovery on grounds other than that the requested information and documents
constitute or contain Confidential Information, (b) object on other grounds to the admission of
any Confidential Information or documents into evidence at any trial or hearing conducted in this
litigation, or (c) object to the designation of information as "Confidential Information."
6.
The provisions of this Agreed Order shall not be construed to prevent any party
from using any Confidential Information in connection with the trial, any hearing, motions after
hearing, or other public proceeding in this case, provided that before any party so uses any
Confidential Information, all reasonable steps shall be taken by the parties to maintain the
confidentiality of the Confidential Information until it is offered into evidence, including, but not
limited to, filing any documents containing any Confidential Information under seal of this
3
Court. Not later than thirty (30) days after the termination of this litigation, all confidential and
protected documents produced in this action (and all copies, excerpts, digests, summaries, and
indices of these documents), with the exception of those maintained in the file of each party's
counsel as provided in paragraph 8 below, shall be returned to counsel for the parties who
produced the documents or shall be destroyed at the conclusion of this lawsuit. Not later than
thirty (30) days after the termination of this litigation, all documents, transcripts, answers to
interrogatories, exhibits, or portions thereof that have been designated as confidential and
protected, that have been obtained as a result of discovery in this action, and that are in the
possession of a party, expert, or consultant shall be returned to the party who produced the
documents or destroyed upon request. Not later than thirty (30) days after the termination of this
litigation, all parties' designated expert(s) and/or non-testifying consultant(s) shall destroy all
notes, memorandum, or other transcriptions made from any Confidential Information and
documents.
7.
Despite termination of this litigation, this Order shall continue to apply to all
Confidential Information provided by a producing party.
8.
Counsel for each party shall be permitted to maintain a copy of all pleadings,
discovery, depositions, and other documents that contain Confidential Information in the
maintenance of counsel's file, but Confidential Information in such files shall not be disclosed or
disseminated to anyone outside of such counsel's office.
9.
All counsel and all other individuals to whom the disclosure or circulation of
Confidential Information is made, covenant and warrant that if compelled by judicial process to
appear in any proceeding, to provide sworn testimony, and/or to otherwise produce Confidential
Information produced in this litigation, said person or entity shall give counsel for the producing
4
party sufficient notice in advance of the time that said person or entity must comply with said
judicial process, such that counsel for the producing party will have an opportunity to contest
such process.
10.
This Agreed Order shall survive the conclusion of this litigation, including any
appeals herein, and the restrictions on communication and disclosure of Confidential Information
set forth herein shall continue to be binding upon the parties to this action and all other persons
to whom Confidential Information has been communicated or disclosed. This Court shall also
retain exclusive jurisdiction for enforcement of this Agreed Order, whether the matter is
concluded and/or appealed.
11.
Notwithstanding the above provisions and procedures regarding Confidential
Information, the parties agree that any student names found in documents disclosed in this matter
may be redacted and such names remain undisclosed to all but the disclosing party.
DATED this 3rd day of September, 2013.
s/ Cheryl R. Zwart
United States Magistrate Judge
5
Prepared by:
Gregory H. Perry, #17775
Jeanette Stull, #21257
PERRY, GUTHERY, HAASE &
GESSFORD, P.C., L.L.O.
233 South 13th Street, Suite 1400
Lincoln, Nebraska 68508
(402) 476-9200
Approved by:
/s/ James C. Zalewski
James C. Zalewski
DeMars, Gordon, Olson, Zalewski & Wynner
134 S 13th Street, Suite 800
PO Box 81607
Lincoln NE 68501-1607
jzalewski@demarsgordon.com
CERTIFICATE OF SERVICE
The undersigned counsel for Defendant Lincoln Public Schools, hereby certifies that on
the 3rd day of September, 2013, I electronically filed the foregoing document with the Clerk of
the Court using the CM/ECF system which sent notification of such filing to the following:
James C. Zalewski
DeMars, Gordon, Olson, Zalewski & Wynner
134 S 13th Street, Suite 800
PO Box 81607
Lincoln NE 68501-1607
jzalewski@demarsgordon.com
/s/ Jeanette Stull
6
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?