Hugelman v. Menard, Inc.

Filing 21

ORDER granting 20 protective order Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
SHARON HUGELMAN,
Plaintiff,

vs.
MENARD, INC.,
Defendant.

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Case No. 4:16-CV-03128

STIPULATED PROTECTIVE
ORDER

The Court hereby enters the following Protective Order that will govern the exchange of
documents and information by Plaintiff and Defendant, hereinafter referred to individually and
collectively as "party" or "parties," in the above-captioned matter.
I.
The parties hereto have been and may be requested to produce or disclose through
discovery certain materials and information which they maintain is, or contains, trade secret,
proprietary information, confidential information (collectively, "Confidential Information"). The
parties hereto are being permitted to inspect and obtain Confidential Information for use in the
course of this litigation only.
2.
All written materials produced or disclosed by any party during pretrial discovery
in this action that are designated as "SUBJECT TO PROTECTIVE ORDER" or
"CONFIDENTIAL" shall be revealed only as provided herein.
3.
A party's attorney may distribute or share Confidential Information protected by
this Stipulated Protective Order with counsel of record for the parties in this litigation, and their
legal, paralegal, and clerical staff for the sole purpose of assisting in the prosecution or defense
of this action, and with the Court and its staff under such safeguards as the Court may direct so
as to preserve and protect the confidentiality of any Confidential Information subject to this
Order, and with stenographers and/or videographers retained for purposes of deposition in this
matter.
4.
A party's attorney may distribute or share Confidential Information protected by
this Stipulated Protective Order with the following categories of persons only after the attorney
has received a signed Non-Disclosure Agreement in the form of "Exhibit A" (attached) from the
person receiving the distribution or information, and such Confidential Information shall be
disclosed and used solely to assist in the prosecution or defense of this action and not for any
other purpose.
a.

The parties in this case;

b.
Persons retained to assist counsel of record for a party in this litigation,
including experts, consultants, litigation support services, and outside copying
services.
5.
Any production by any party of a document containing Confidential Information
without such document being marked "CONFIDENTIAL" or "SUBJECT TO PROTECTIVE
ORDER" shall not constitute a waiver of confidentiality, upon timely notice to the parties. Upon
receiving notice from a producing party that Confidential Information was not previously
appropriately marked, all such material shall be marked as "CONFIDENTIAL" or "SUBJECT
TO PROTECTIVE ORDER" and treated in accordance with the terms of this Stipulated
Protective Order. Any party receiving such notice shall further make a reasonable, good-faith
effort to ensure that any analyses, memoranda, or notes that were generated based upon such
material shall immediately be treated in conformity with the terms of this Stipulated Protective
Order, and shall make reasonable efforts to retrieve documents distributed to persons not entitled
to receive Confidential Information under the terms of this Stipulated Protective Order.
6.
The consent of the parties to the terms of this Protective Order shall not be
deemed an admission or acknowledgment with respect to the relevance, competence, or
admissibility in evidence of any Confidential Information as to any issue in this action.
7.
Production of documents or information by any party at trial shall not constitute a
waiver of the provisions of the Stipulated Protective Order.
8.
To the extent that any motion, pleading, answers to interrogatories, transcripts of
depositions, responses to requests for admissions, or any other papers filed or to be filed with the
Court reveal or tend to reveal Confidential Information protected by this Stipulated Protective
Order, these papers or any portion thereof must be filed under seal by the filing party with the
Clerk of Court in an envelope marked "SEALED."
9.
Nothing herein shall be construed to preclude any party or non-party from seeking
further protections from the Court against public disclosure of Confidential Information, or to
restrain the Court's authority to issue lawful order governing the use of Confidential Information
at trial or hearing.
I 0.
Upon final termination of this action, including all appeals therefrom, all
documents and electronically stored information subject to this Stipulated Protective Order shall
be returned to the producing party, or in the alternative shall be destroyed. Counsel shall, upon
request, certify compliance with this requirement.
11.
The parties to this agreement consent to the jurisdiction of this Court over the
parties hereto indefinitely respecting any dispute between them concerning improper use of
information disclosed under protection of this Order.

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December 20, 2016.

BY THE COURT:

BY THE COURT:

_______________________
Cheryl R. Zwart Zwart
Cheryl R.
United States States Magistrate Judge
United Magistrate Judge
AGREED:
By: SHARON HUGELMAN, Plaintiff
URD LCERS & AHL, LLP
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By: MENARD, INC., Defendant

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NON-DISCLOSURE AGREEMENT
I hereby acknowledge that I have received and read the terms and conditions of the
Stipulation between the parties and Protective Order entered by the Court in the litigation
captioned Sharon Hugelman v. Menard, Inc. I understand the terms thereof and consent to be
bound by such terms.
Further, by executing this Non-Disclosure Agreement, I hereby consent to the jurisdiction
of the United States District Court for the District of Nebraska, for the limited purpose of
enforcing the terms of the Protective Order.
I understand that I may come into contact with information and!or documents which
constitute trade secrets, proprietary information, confidential commercial information, financial
and/or personal information, and/or other Confidential Information.
I agree to maintain the confidentiality of all such information and documents that are
designated "SUBJECT TO PROTECTIVE ORDER" or "CONFIDENTIAL." In furtherance of
this agreement, I agree to not share or discuss, disclose, describe, or distribute any such
designated information and/or documents I receive with (or to) anyone else beyond the scope of
necessary testimony and/or consultation in the instant legal proceedings with the parties and/or
their attorneys herein, the presiding judge, and/or the jury as may be allowed under applicable
rules of evidence. Further, I agree to return all such designated documents to the party that
tendered such designated documents to me at the end of this litigation including all appeals
therefrom, or to destroy such designated documents without retaining any copy or copies for
myself or any other person or entity.
I recognize that a breach of this Non-Disclosure Agreement may be punishable as a
contempt of court. All civil remedies for breach of this Non-Disclosure Agreement are
specifically reserved and are not waived by the disclosure provided for herein.
Further, in the event of breach of this agreement, I recognize that the producing party or
parties may pursue all civil remedies available to them, as beneficiaries of this agreement.
AGREED:

Exhibit A
1514756

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