Jamison et al v. Depositors Insurance Company

Filing 78

STIPULATED PROTECTIVE ORDER granting 77 Stipulation. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
NELLE JAMISON and JOHN PAUL
JAMISON,

Case No. 4:14-cv-03009

Plaintiffs,
vs.

STIPULATED PROTECTIVE ORDER

DEPOSITORS INSURANCE COMPANY,
Defendant.

The parties having agreed that a Protective Order pursuant to Federal Rule of Civil
Procedure 26(c) is both necessary and appropriate, and the Court having approved of such an
agreement,
IT IS HEREBY ORDERED THAT:
1.
This Stipulated Protective Order (“Protective Order”) shall govern the use and
treatment of information, documents, testimony or other tangible things produced in this action
by the Defendant, Depositors Insurance Company (“Depositors”):
2.
“Confidential Information,” as used herein, means any information, in whatever
form produced in connection with formal or informal discovery in this litigation that Depositors
in good faith believes contains, reflects or concerns its trade secrets, confidential business or
commercial information, or other sensitive or proprietary information which, if disclosed to third
parties, would likely cause Depositors injury, prejudice, harm, damage or disadvantage.
Confidential Information includes, but is not limited to, proprietary business information,
business plans, pricing, information relating to personnel matters, and financial and other
sensitive information that is not publicly available (or not publicly available in the form
maintained by the party). Confidential Information may not be used or disseminated except as
provided in this Protective Order. Confidential Information includes all documents or
information derived from Confidential Information, including excerpts, copies or summaries of
Confidential Information.
3.
Depositors may designate any information, document, testimony or other tangible
thing that it furnishes in connection with this litigation as Confidential Information, and therefore
subject to the provisions of this Protective Order, in any reasonable manner. Documents may be
designated Confidential Information by affixing the legend “Confidential” to each item or
document page. Deposition testimony and/or exhibits may be designated Confidential
Information either by: (a) stating on the record of the deposition that such deposition, or portion

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thereof; or exhibit is confidential; or (b) stating in writing served upon counsel of record up to
twenty (20) days after receipt of the deposition transcript that such deposition, or portion thereof,
or exhibit is confidential.
4.
Materials designated as Confidential may only be copied, disclosed, discussed, or
inspected, in whole or in part, only for the purposes of this litigation and only by the following
persons:
(a)
the parties in this lawsuit, or their employees involved in the management
of this litigation;
(b)
counsel of record who represent the parties in this litigation, in-house
counsel and the personnel who are directly employed or contracted by
those attorneys' firms and who are assisting the attorneys working on this
action;
(c)
any person who is expected to testify as a witness either at a deposition or
court proceeding in this action for the purpose of assisting in his/her
preparation therefore, and any other person to whom the dissemination of
the document is deemed necessary by any party in preparation for trial;
(d)
independent expert witnesses or consultants, including trial or jury
consultants, retained by the parties in this lawsuit (i.e., not employed by or
similarly affiliated with a party or an affiliated company of a party);
(e)
the Court and its officers, including stenographic reporters engaged in
such proceedings as are necessarily incidental to the preparation or trial of
this lawsuit; and
(f)
any mediator or arbitrator selected with the consent of all parties or by the
Court.
5.
Confidential Information shall not be disclosed to any of the persons referred to in
paragraph 4(c) and (d) until such persons have been provided with a copy of this Protective
Order and have agreed in writing to be bound thereto by execution of the Confidentiality
Agreement attached hereto as Exhibit A. All parties shall retain any such agreements and make
them available to counsel for other parties upon request, provided that the identities of
consultants, including trial or jury consultants, who have not been identified as testifying experts
need not be disclosed.
6.
Depositors may elect that certain Confidential Information not be divulged to the
persons referred to in paragraphs 4(a) or 4(c) above if it in good faith believes that its disclosure
could cause commercial harm or be put to any improper use or could otherwise cause irreparable
harm. Such information shall be clearly marked “Highly Confidential-Attorneys & Experts
Only,” and shall be treated as Confidential Information, except that such information may only
be disclosed to those persons referred to in paragraphs 4(b), 4(d), 4(e) and 4(f) herein in
accordance with the terms and conditions of this Protective Order. If a party objects to materials
designated “Highly Confidential-Attorneys & Experts Only,” that party may follow the
procedure set forth in paragraph 10 herein to remove such designation.
7.
A party that intends to file with the Court pleadings or other papers containing or
referring to Confidential Information shall take all reasonable steps to have such matter filed

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under seal. The parties shall take such steps as are reasonably necessary to ensure that the papers or
relevant portions, as the Court may order, shall be filed in sealed envelopes or other appropriate
sealed enclosures on which shall be endorsed the title to the action, the words “Confidential.”
8.
Subject to rules of evidence, Confidential Information may be offered in evidence
at trial or any court hearing.
9.
The terms of this Protective Order are subject to modification, extension or
limitation as may be hereinafter agreed to by the parties in writing or as ordered by the Court.
Any modifications, extensions or limitations agreed to in writing by the parties shall be deemed
effective pending approval by the Court.
10.
With respect to any Confidential Information covered by this Protective Order,
the Plaintiffs may at any time serve upon counsel for Depositors a written notice of objection to
the materials designated as “Confidential” or “Highly Confidential-Attorneys & Experts Only.”
Depositors shall, within seven (7) business days of receipt of such notice, review the designated
material sought to be reclassified, and notify the Plaintiffs in writing whether or not it will agree to
the reclassification requested and, if not, whether it will agree to reclassify a redacted copy. If no
agreement can be reached, the requesting party may apply to the Court for an order that the
information or documents so designated are not entitled to such status and protection. The
designating party shall be given notice of the application and an opportunity to respond. In the
event of such application, to maintain the status of the information or documents as ConfidentialInformation under this Protective Order, the proponent of confidentiality must show there is good
cause for the information or documents to have such designated protection.
11.
Confidential Information shall be used solely and exclusively for the purpose of
this specific litigation and for no other purpose, including, without limitation, any business,
competitive or educational purpose; such information shall not be disclosed or disseminated to any
person, organization, business, governmental body or administrative agency unless ordered by the
Court.
12.
In the event that Confidential Information is inadvertently produced without
designating such documents or information “Confidential” or “Highly Confidential-Attorneys &
Experts Only” within the time periods established in this Protective Order, Depositors shall
properly designate such documents or information as “Confidential” or “Highly ConfidentialAttorneys & Experts Only,” and the Plaintiffs shall be bound by such designations pursuant to
the terms of this Protective Order, but shall not be deemed to be in breach of this Protective
Order by reason of any use or disclosure of such Confidential Information that occurred prior to
notification of the correct designation. Inadvertent production of such documents or information
in this case without designation as “Confidential” or “Highly Confidential–Attorneys & Experts
Only” shall not be deemed a waiver, in whole or in part, of Depositors' claim to confidentiality of
such documents or information, either as to the specific information disclosed or as to any other
information relating to the subject matter of the information disclosed.
13.
Upon termination of this action, unless otherwise ordered by the Court, the
Plaintiffs shall within thirty (30) days return to Depositors all materials marked “Confidential”

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and “Highly Confidential-Attorneys & Experts Only” (and any copies thereof). If requested,
counsel for Plaintiffs shall furnish a certificate of compliance that all confidential materials
produced to the Plaintiffs, as well as all summaries, excerpts or copies of such materials, have
been returned to Depositors.
14.
If Plaintiffs receive a subpoena from a nonparty to this Protective Order seeking
production or other disclosure of Confidential Information, Plaintiffs shall refuse to produce any
Confidential Information under the authority of this Protective Order and shall immediately give
written notice to counsel for Depositors, identifying the Confidential Information sought and
enclosing a copy of the subpoena.
15.
The parties stipulate that this Court shall retain jurisdiction over them and any
person to whom Confidential Information is disclosed to the extent necessary to enforce the
terms of this Protective Order.
16.
This Protective Order will be governed and construed in accordance with the laws
of the State of Nebraska.
17.
This Protective Order contains the entire agreement between the parties
concerning the subject matter hereof, and no modifications of this Protective Order or waiver of its
provisions will be binding upon the parties, unless made in writing by the parties.

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ACCEPTED AND AGREED TO:

Dated: 04/13/15

DEPOSITORS INSURANCE
COMPANY, Defendant
By:

Dated: 04/13/15

s/Joseph J. Kehm
Thomas M. Locher, NE Bar #15797
Joseph J. Kehm, NE Bar #22433
LOCHER PAVELKA DOSTAL
BRADDY & HAMMES, L.L.C.
200 The Omaha Club
2002 Douglas Street
Omaha, NE. 68102
[e-mail]
[e-mail]
Phone: [phone]
Fax: [phone]
NELLE JAMISON and JOHN
PAUL JAMISON, Plaintiffs

By:

s/Adam J. Prochaska
Adam Prochaska, #22307
O'NEILL HEINRICH
DAMKROGER BERGMEYER &
SHULTZ, PC LLO
800 Lincoln Square
121 S. 13th Street
Lincoln, NE 68508
Telephone [phone]
Facsimile [phone]
Email [e-mail]

14th
April
SO ORDERED this _____ day of _______________________, 2015

_____________________________________
Hon. Cheryl R. Zwart
U.S. Magistrate Judge

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EXHIBIT "A"
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
NELLE JAMISON and JOHN PAUL
JAMISON,

Case No. 4:14-cv-03009

Plaintiffs,
vs.

CONFIDENTIALITY AGREEMENT

DEPOSITORS INSURANCE COMPANY,
Defendant.
I have read the Stipulation and Protective Order (“Protective Order”) concerning the
confidentiality of information in the above-captioned litigation. I understand that the Protective
Order is a Court Order designed to preserve the confidentiality of certain designated documents
and information contained therein. I also understand that the Protective Order restricts the use,
disclosure and retention of such designated documents and information contained therein, and it
also requires the safeguarding and destruction of the designated documents and other materials
containing confidential information.
I agree to comply with all provisions of the Protective Order. I also hereby submit myself
to the jurisdiction of the Court for the purpose of enforcement of any provision of the Protective
Order.
Dated: _________________________

Signed: _______________________

Name printed: ________________________

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