Dillon Auto Sales, Inc v. Troutner
Filing
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PROTECTIVE ORDER granting 28 Stipulation Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DILLON AUTO SALES, INC.,
Case No. 4:14-cv-00104
Plaintiff,
STIPULATED PROTECTIVE
v.
ORDER
TERRY L. TROUTNER,
Defendant.
This matter is before the Court on the parties' Joint Stipulation, which jointly
requests that the Court enter a reciprocal Protective Order pursuant to Rule 26 and Rule
29 of the Federal Rules of Civil Procedure. The Court, having reviewed the parties' Joint
Stipulation and being otherwise fully advised in the premises, and finding that there is
good cause for entry of such a reciprocal Protective Order, finds and concludes that a
Protective Order should be and hereby is entered as follows:
IT IS THEREFORE ORDERED:
1.
All information designated "Confidential For Lawyers Only" produced or
exchanged in the course of this litigation shall be treated as strictly confidential pursuant
to the terms of this Stipulated Protective Order and used solely for the purpose of this
litigation. Except for information that is privileged communication between an attorney
and any party as client, is work product or is otherwise objectionable, all information
requested that is discoverable pursuant to Rule 26 and Rule 29 of the Federal Rules of Civil
Procedure shall be produced even though designated as Confidential For Lawyers Only.
2.
For purposes of this Protective Order, "Confidential For Lawyers Only" shall
mean any information which is designated as Confidential For Lawyers Only by any party
to this litigation, whether it be data, a document, information contained in a document,
information revealed during a deposition, information revealed in a discovery response, or
otherwise revealed or disclosed pursuant to this litigation. In designating information as
Confidential For Lawyers Only, counsel shall make such designations only as to that
information that counsel in good faith believes contains information that is confidential,
proprietary or a trade secret.
3.
“Qualified Person” as used herein means:
(a)
Attorneys representing any of the parties in this litigation, in-house
counsel for any of the parties and employees of such attorneys to
whom it is necessary that Confidential For Lawyers Only be disclosed
solely for purposes of this litigation;
(b)
A person retained or employed by any party or its attorneys in this
litigation solely for the purpose of this litigation (such as technical
experts and consultants), provided such persons are given access to
information designated Confidential For Lawyers Only only to the
extent necessary for such persons to render opinions for purposes of
this litigation and such persons have been identified in writing to the
opposing parties and have executed an agreement in the form of
Exhibit “A” attached hereto. Such executed agreements shall be held
by the party or counsel retaining or utilizing such person, and a copy
thereof shall be provided to counsel for each party prior to any
disclosure of information designated Confidential For Lawyers Only;
and
(c)
Any other person who is designated as a Qualified Person by
stipulation of the parties or Order of this Court, after notice to all
parties.
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4.
Documents produced by any party may be designated as Confidential For
Lawyers Only by marking “CONFIDENTIAL,” “CONFIDENTIAL FOR LAWYERS ONLY”
and/or “SUBJECT TO PROTECTIVE ORDER” on at least the initial page thereof. In lieu
of marking the original of a document, the party may mark the copies that are produced or
exchanged.
5.
Information disclosed at the deposition of a party; or one of its present or
former officers, directors, employees, agents, or independent experts retained by a party or
its counsel for purposes of this litigation may be designated as Confidential For Lawyers
Only by indicating on the record at the deposition, or in writing within fifteen (15) days
thereafter, that the testimony is Confidential For Lawyers Only and subject to the
provisions of this Order.
6.
Confidential For Lawyers Only information shall not be disclosed or
otherwise made available in any manner to any party or person other than Qualified
Persons.
7.
This Order shall not prevent the disclosure of Confidential For Lawyers Only
information if the party designating the information as Confidential For Lawyers Only
expressly consents to such disclosure, either in writing or in the record of any proceeding in
this case, or if the Court after notice to all parties, orders such disclosure. Such express
consent or order shall not extend to any Confidential For Lawyers Only information except
that specifically involved.
8.
No party shall be obligated to challenge the propriety of a Confidential For
Lawyers Only designation at the time made, and a failure to do so shall not preclude a
subsequent challenge thereto. In the event that any party disagrees at any stage of these
proceedings with the designation by any other party of any information as Confidential For
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Lawyers Only, the parties shall try first to resolve such dispute in good faith on an informal
basis. If the dispute cannot be resolved, the objecting party may seek appropriate relief
from this Court. The parties may by stipulation provide for exceptions to this Order, and
any party may seek an Order of this Court modifying this Protective Order. This Order
shall be without prejudice to any party bringing before the Court at any time the question
of whether any particular information is or is not in fact Confidential For Lawyers Only.
Upon such motion to the Court the party asserting that any particular information is not
Confidential For Lawyers Only shall have the burden of establishing same.
9.
All transcripts of depositions, exhibits, responses to interrogatories or other
discovery requests, affidavits, briefs, memoranda of law, or other documents filed with the
Court pursuant to this action which reproduce or otherwise disclose Confidential For
Lawyers Only shall be filed under seal or restricted access documents in the manner
specified by NECivR 7.5 and the procedures for Filing Sealed or Restricted Documents
found at http://www.ned.uscourts.gov/attorney/electronic-case-filing
10.
Subject to the Federal Rules of Evidence, information identified as
Confidential For Lawyers Only may be offered in evidence at trial or any court hearing,
provided the proponent of the evidence gives at least five (5) days’ advance written notice to
counsel for the party or other person that designated the material as Confidential For
Lawyers Only. Any party or other affected person may move the Court for an Order that
the evidence be received in camera or under other conditions to prevent unnecessary
disclosure. The Court will then determine whether the proffered evidence should continue
to be treated as Confidential For Lawyers Only and, if so, what protection, if any, may be
afforded to such information at trial. This 5-day notice requirement does not apply to
hearings held prior to the trial of this matter on its merits.
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11.
Within sixty (60) days after the conclusion of this case, including the
exhaustion of any appeals, any originals or reproductions of any Confidential For Lawyers
Only information produced by a party shall be destroyed or returned to the producing
party, at the option of the party designating such information as Confidential For Lawyers
Only. Insofar as the provisions of any protective orders entered in this action restrict the
communication and use of the documents produced thereunder, such orders shall continue
to be binding after the conclusion of this litigation except
(a)
that there shall be no restriction on documents that are used as
exhibits in Court (unless such exhibits were filed under seal or
otherwise protected by Order of the Court); and
(b)
that a party may seek the written permission of the producing party
or further order of the Court with respect to dissolution or
modification of such protective orders.
12.
Nothing in this Order shall bar or otherwise restrict any attorney herein from
rendering advice to his or her client with respect to this litigation and, in the course thereof,
or relying upon his or her examination of Confidential For Lawyers Only documents or
things produced or exchanged herein; provided, however, that in rendering such advice and
in otherwise communicating with his or her clients, the attorney shall not disclose any
Confidential For Lawyers Only documents or things produced by any other party herein
which disclosure would be contrary to the terms of this Order.
13.
This Court will rule upon a claim of privilege or protection made by any party
or person affected herein, as such rulings become necessary or appropriate during the
course of this litigation. Compliance with this Protective Order is without prejudice to the
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rights of any party or person to apply for other or different protection where it is deemed
necessary.
February 1, 2015.
BY THE COURT:
_______________________
Cheryl R. Zwart
United States Magistrate Judge
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EXHIBIT “A”
AGREEMENT TO COMPLY WITH PROTECTIVE ORDER
I hereby acknowledge receipt of materials or information alleged to be “Confidential
-
Subject
to
Protective
Order”
and/or
“Confidential
for
Lawyers
Only”
by
_______________________. I certify my understanding that such material is provided to me
pursuant to the terms and restrictions of the Court Order of ____________, 2015, Dillon
Auto Sales, Inc. v. Terry L. Troutner, Case No. 4:14-cv-00104 in the United States District
Court for the District of Nebraska, and that I have been given a copy of and have read said
Order. I understand that I am to make no copies of any of the aforesaid documentary
material and that it is to remain in my personal custody until I have completed my
assigned duties, whereupon it is to be returned to counsel who provided me with said
material. I further agree to notify any stenographic or clerical personnel who are required
to assist me in terms of said Order. I also agree not to use, disseminate such information,
except for purposes of this action and as permitted by said Order or a further order of this
Court.
Dated: ______________________
Signed: ____________________________
Name Printed:_____________________________
34863.000/4811-4352-6177, v. 1
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