Keaschall et al v. Altec Industries, Inc. et al

Filing 24

ORDER granting 23 Motion for Protective Order. Ordered by Magistrate Judge Cheryl R. Zwart. (BHC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JULIE KEASCHALL, Personal
Representative of the Estate of Kurtis
Keaschall, deceased and DAWSON
PUBLIC POWER DISTRICT,
Plaintiffs,
v.
ALTEC INDUSTRIES, INC. and
OSBORNE INDUSTRIES, INC.,
Defendants.

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CASE NO. 4:14-cv-03070

PROTECTIVE ORDER

WHEREAS, in the course of this action, Plaintiffs Julie Keaschall, Personal
Representative of the Estate of Kurtis Keaschall, deceased, and Dawson Public Power District
(“Plaintiffs”) have submitted to Defendant Altec Industries, Inc., (“Altec”) and Osborne
Industries, Inc., (Osborne) requests to produce certain documents;
WHEREAS, Altec and Osborne are prepared to produce certain documents in this action,
provided there is in place a Protective Order governing the use of such information and
materials;
WHEREAS, Altec and Osborne believe in good faith that certain materials requested
contain trade secrets or other confidential or private information;
WHEREAS, under Rule 26(c)(G) of the Federal Rules of Civil Procedure, the Court is
authorized to issue an Order to protect a party from annoyance, embarrassment, oppression or
undue burden or expense, including a requirement that a trade secret or other confidential
research, development, or commercial information not be revealed or revealed only in a specified
way;

IT IS, THEREFORE, ORDERED AND ADJUDGED that the following procedure shall
govern the production, use, and return of confidential information and materials.
I.

Confidential Information.

“Confidential Information” refers to any documents or

information designated by Altec or Osborne as “Confidential,” and which Altec or
Osborne believe in good faith contains trade secrets or other confidential or private
information. Altec and/or Osborne will designate Confidential Information by placing a
“Confidential” or “Subject to Protective Order” stamp or label on any document it deems
confidential, or by identifying in writing (or, in the case of a deposition, on the record)
what it deems to be confidential.
II.

The Parties’ Protection of Confidential Information.
A.

The parties to this litigation (the “Parties”) will not use or disclose Confidential
Information for any purpose other than preparing for and conducting litigation in
this case, including depositions of parties and non-parties, any hearings held in
this matter, and trial.

B.

The Parties will not disclose or permit the disclosure of any Confidential
Information without each other’s mutual prior written consent, except that
disclosure without their consent may be made to:
1.

Counsel retained by the Parties to represent them in this case, and
employees of such counsel who have direct functional responsibility for
the preparation and trial of the litigation. Any such employee to whom
counsel makes a disclosure must be advised of, and become subject to, the
provisions of this Order.

2.

Court reporters, when necessary to question a witness in a deposition, and
those persons, if any, specifically engaged for the limited purpose of
making photocopies of documents. Prior to disclosure before any court
reporter or to any person engaged to make photocopies of documents, such
person must agree to be bound by the terms of this Order.

3.

Consultants or experts (collectively, “Experts”) employed or retained by
the Parties to assist in the preparation and trial of the lawsuit. Prior to
disclosure to any Expert, counsel for the disclosing party will have the
Expert review this Protective Order, and the Expert must agree to be
bound by the terms of this Order.

C.

To the extent that any document to be filed with the Court reveals or tends to
reveal Confidential Information, each such document, or any portion thereof,
must be filed under seal or as a “restricted access” document pursuant to United
States District Court for the District of Nebraska rules 5.3 and 7.5.

D.

At trial, any depositions or exhibits marked as Confidential and requested to be
made part of the record shall be submitted to the Court under seal by the
submitting party in an envelope marked “SEALED - CONFIDENTIAL
INFORMATION.”

E.

At the conclusion of the litigation, the Parties will return to Altec’s and/or
Osborne’s counsel all Confidential Information they received from Altec and/or
Osborne. The Parties will further direct those to whom Confidential Information
was disclosed to return to them all such Confidential Information, so that the
Parties can then act as above. The Parties shall verify in writing to Altec’s and/or

Osborne’s counsel whether all Confidential Information they received from Altec
and/or Osborne has been returned to their respective counsel. The obligation to
maintain the confidentiality of confidential material shall continue after the
termination of this litigation.
III.

Challenge to Claim of Confidentiality. The Parties may challenge Altec’s or Osborne’s
designation of Confidential Information by motion, but initially must attempt to resolve
any challenge by informal, direct discussions with Altec’s or Osborne’s counsel.

IV.

Binding Effect. This Order shall bind the parties hereto, and any other person or entity
to whom Confidential Information is disclosed pursuant to the terms of Section II(B)
above, as well as their respective affiliated organizations, employees, agents, officers,
executives, directors, successors, assigns, and attorneys.

Dated this 5th day of December, 2014.

BY THE COURT:

s/ Cheryl R. Zwart
United States Magistrate Judge

AGREED:

JULIE KEASCHALL, Plaintiff,
BY:

/s/ Larry W. Beucke
Larry W. Beucke, #18444
Parker, Grossart, Bahensky, Beucke & Bowman, L.L.P.
1516 First Avenue, P.O. Box 1600
Kearney, NE 68848
[e-mail]

DAWSON PUBLIC POWER DISTRICT, Plaintiff,

BY:

/s/ Steven E. Guenzel
Steven E. Guenzel, #15677
Johnson, Flodman, Guenzel & Widger
1227 Lincoln Mall
P.O. Box 81686
Lincoln, NE 68501-1686
[e-mail]

OSBORNE INDUSTRIES, INC., Defendant,
BY:

/s/ Stephen L. Ahl
Stephen L. Ahl, #10036
Wolfe, Snowden, Hurd, Luers & Ahl, LLP
Wells Fargo Center
1248 “O” Street, Suite 800
Lincoln, NE 68508
[e-mail]

ALTEC INDUSTRIES, INC., Defendant,
BY:

/s/ Robert W. Shively
Robert W. Shively, #18166
SHIVELY & LANNIN, P.C., L.L.O.
4400 South 86th Street, Suite 100
Lincoln, Nebraska 68526
[e-mail]