Deezia v. City of Lincoln et al
ORDER granting 42 Joint Stipulation for Protective Order. Ordered by Magistrate Judge Susan M. Bazis. (JAB)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CITY OF LINCOLN, GREGORY GRAHAM,
AARON PETH, TREY WAYNE, ANDREW
WINKLER, MARK MOORE, PATRICK
MURPHY, and JASON DRAGER,
This matter is before the Court on the parties’ Joint Stipulation for Protective Order.
(Filing No. 42.)
Plaintiff has requested the production of Defendants’ employment and
personnel records, which include internal investigations. Defendants contend that these records
are confidential because they contain personal information.
Having considered the matter, the Court finds that this Protective Order should be and
hereby is granted as follows:
Confidential Information. This Protective Order applies to all Confidential
Information produced by a party in this case, whether revealed in a document, deposition, an
interrogatory answer or otherwise. All documents and every portion thereof produced by the
Defendants or that relate to or contain the Defendants’ and their employees’ employment and
personnel files shall constitute CONFIDENTIAL information for the purposes of this Order and
shall be used by the receiving party only for the preparation for and conduct of proceedings
herein and not for any business or other purpose whatsoever. The CONFIDENTIAL information
shall not be used or Disclosed by Plaintiff’s Attorney, or anyone else for any purpose
unrelated to this litigation or for any business or competitive purpose. Disclosure other than as
provided for herein shall first require written consent of the Producing Party, or by order of the
Court. Plaintiff’s Attorney shall maintain a list of documents disclosed and to whom. Plaintiff’s
Attorney shall also require anyone receiving confidential documents to agree to the terms of this
Agreement. Should Plaintiff and/or his Attorney question whether documents designated as
Confidential Documents are truly confidential, they should first contact the Producing Party to
resolve the issue. If the issue cannot be resolved, Plaintiff’s Attorney may petition the Court for
an order declaring that the document is not subject to the conditions of this Protective Order.
The Plaintiff’s Attorney shall be responsible for instructing witnesses, consultants, and outside
counsel assisting in preparation of the case that disclosure of the Confidential Documents is
prohibited as set forth herein.
Qualified Recipients. For the purposes of this Order, persons authorized to
receive “CONFIDENTIAL” information (hereinafter “qualified recipient”) shall include only:
The Parties, including any members, council members, officers, board members,
directors, employees, or other legal representatives of the parties;
Legal counsel representing the Defendants and legal counsel representing the
Plaintiff, and members of the paralegal, secretarial, or clerical staff who are
employed by, retained by, or assisting such counsel;
Consulting or testifying expert witnesses assisting any legal counsel in the
preparation of this case and staff and assistants employed by the consultant or
The parties’ insurers and their staff and assistants, members, officers, board
members, directors or other legal representatives;
The Court, and Court staff, and any court reporter or typist recording or
transcribing testimony, and jurors;
Any mediator retained by the parties in an effort to mediate and/or settle the
claims of this action and members of the mediator’s staff and assistants.
Maintenance of Confidentiality. CONFIDENTIAL information shall be held in
confidence by each qualified recipient to whom it is disclosed, shall be used only for purposes of
this action, and shall not be disclosed to any person who is not a qualified recipient. Each party,
each qualified recipient, and all counsel representing any party, shall use their best efforts to
maintain all produced CONFIDENTIAL information in such a manner as to prevent access, even
at hearing or trial, by individuals who are not qualified recipients. Nothing herein shall prevent
disclosure beyond the terms of this Protective Order if the party claiming confidentiality
consents in writing to such disclosure.
CONFIDENTIAL information shall not be copied or otherwise
reproduced by the receiving party, except for transmission to qualified recipients, without the
written permission of the producing party, or, in the alternative, by further Order of the Court.
However, nothing herein shall restrict a qualified recipient from making working copies,
abstracts, digests, and analyses of CONFIDENTIAL information under the terms of this Order.
Filing Under Seal. All documents of any nature (including any of the foregoing
documents as well as any other documents, including, but not limited to, briefs, motions,
memoranda, transcripts, and the like) that are filed with the Court may be filed under seal upon
Depositions. The following procedures shall be followed at all depositions to
protect the integrity of all CONFIDENTIAL information:
Only qualified recipients may be present at a deposition in which
CONFIDENTIAL information is disclosed or discussed.
All testimony elicited during a deposition at which CONFIDENTIAL information
is disclosed or discussed is deemed to be CONFIDENTIAL information.
Material designated as Confidential may be used at a nonparty deposition only if
necessary to the testimony of the witness.
Trial. Prior to the trial of this action, the attorneys for the parties shall meet and
attempt to agree on an appropriate form of order to submit to the Court regarding the confidential
status, if any, to be afforded documents, testimony or other information disclosed during the
course of the trial.
Return or Destruction of Documents.
Upon final termination of this
proceeding, including all appeals, each party shall make reasonable efforts to destroy all
materials containing CONFIDENTIAL information.
If the party is unable to destroy all
materials, the materials shall be returned to the Defendants or their counsel. This Protective
Order shall survive the final termination of this action, and shall be binding on the parties and
their legal counsel at all times in the future.
Modification. This Order is entered without prejudice to the right of any party to
apply to the Court for additional protective, or to modify, relax or rescind any restrictions
imposed by this Order when convenience or necessity requires.
Additional Parties to Litigation. In the event additional parties are joined in this
action, they shall not have access to CONFIDENTIAL information until the newly joined party,
by its counsel, has executed and, at the request of any party, filed with the Court, its agreement to
be fully bound by this Order.
DATED this 31st day of October, 2017.
BY THE COURT:
s/ Susan M. Bazis
United States Magistrate Judge
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