Dieteman v. Lancaster County et al

Filing 59

PROTECTIVE ORDER - Defendants' unopposed Motion for Protective Order, (Filing No. 58 ), is granted. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CORY L. DIETEMAN,
Plaintiff,

4:14CV3053

vs.
PROTECTIVE ORDER
THE COUNTY OF LANCASTER,
NEBRASKA, et al.,
Defendants.
The matter is before the court on Defendants Douglas County, Nebraska and Mark
Foxall’s (the “Douglas County Defendants”) unopposed motion for entry of a protective
order. (Filing No. 58). The Douglas County Defendants set forth the following factual
basis for the motion:

1.

The DCDC Post Orders encompass twenty-seven (27) single-sided pages;

2.

The DCDC Post Orders contain non-public information from which
security measures within the Douglas County Correctional Center
(“DCCC”) may be discerned;

3.

The DCDC Post Orders also contain information properly disclosed
pursuant to Fed. R. Civ. P. 26 insofar as the DCDC Post Orders refer to
certain measures ensuring Inmate’s receipt of Health Care services within
DCCC; and

4.

On April 15, 2015, counsel for the Douglas County Defendants circulated
an electronic copy of the proposed Stipulated Protection Order amongst
counsel for other parties to this action. The proposed Stipulated Protection

Order outlines the measures recipients of the DCDC Post Orders must take
in order to maintain the confidentiality of these records.

5.

There are no objections to this Court’s entry of the proposed Stipulated
Protection Order.

6.

Because this motion seeks relief within the discretion of the court and
presents no substantial issue of law, no brief is required or submitted in
accordance with NECivR 7.1 (a)(l)(B).

Based upon these representations,

IT IS ORDERED:

1.

Defendants’ unopposed Motion for Protective Order, (Filing No. 58), is
granted.

2.

The Douglas County Defendants shall provide counsel for the parties to this
action with copies of the DCDC Post Orders subject to the terms of the
Stipulated Protection Order.

3.

The DCDC Post Orders shall be placed in one or more envelopes marked
“CONFIDENTIAL MATERIAL” and shall be maintained separate from,
and not commingled with, any other document or items.

4.

Except as hereinafter provided or upon further order of this Court, no item
in the DCDC Post Orders or any description or summary of its contents
may be revealed to any person or entity except to the parties in this action

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(including those law school interns, secretaries, and paralegals employed by
the aforementioned, along with attorneys who are assisting counsel in this
action and any person retained by Plaintiff or Defendants as an expert in
this action) or to the Court.

5.

Each individual described in Paragraph 3, above, to whom the DCDC Post
Orders are disclosed shall not disclose information or descriptions of the
DCDC Post Orders to any other individual, except as provided in the
Stipulated Protection Order, or use it for any purpose other than in
connection with this action. Before the DCDC Post Orders may be
disclosed to any person described in Paragraph 3, above, he or she shall
have first read this Order or shall have otherwise been instructed in his or
her obligations under this Order by counsel for Plaintiff or counsel for
Defendants.

6.

DCDC Post Orders shall be viewed and/or used only for purposes of
preparing and presenting this case. The parties shall confer and attempt to
agree, before any hearing, on the procedures under which confidential
material may be introduced or otherwise used at depositions, trial, or in
connection with motions to the Court. Absent agreement, the Court shall be
asked to issue an order governing the use of DCDC Post Orders.

7.

Any person receiving a copy of the DCDC Post Orders as allowed herein
shall maintain the copy in the same manner as the Stipulated Protection
Order requires of the initially provided material. All copies shall be
considered to be included within the term “confidential material” as used in
the Stipulated Protection Order and possession and use of any copy shall be

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subject to the terms of the Stipulated Protective Order to the same extent as
the originally provided material.

8.

At the conclusion of this case all DCDC Post Orders, including all copies
received pursuant to this Order, shall be returned to counsel for the Douglas
County Defendants unless otherwise ordered by the Court.

9.

The Stipulated Protective Order shall not terminate upon the conclusion of
this action but shall continue until the further order of the Court or until the
Douglas County Defendants have waived confidentiality in writing.

10.

The Court may impose sanctions with respect to any person or entity
improperly granting access to material subject to the Stipulated Protective
Order. Any person or entity, whether or not a party, violating the Protective
Order may be punished for contempt of Court.

Dated this 16th day of April, 2015
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

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