Musil et al v. Trenton Agri Products, LLC

Filing 30

ORDER granting 29 Motion for Protective Order Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)

UNITED STATES DISTRICT COURT
DISTRICT OF NEBRASKA
DAVID MUSIL and MARLA MUSIL,
Husband and Wife,
Plaintiffs,
v.
TRENTON AGRI PRODUCTS LLC,
Defendant.
TRENTON AGRI PRODUCTS LLC,
Third-Party Plaintiff,
v.
SOUTHWEST FERTILIZER, INC.,
Third-Party Defendant.

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No. 4:17-cv-03109

PROTECTIVE ORDER

Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure:
IT IS HEREBY ORDERED that Defendant’s unopposed motion, (Filing No. 29),
is granted as follows:
1.

As used in this Order, CONFIDENTIAL MATERIAL shall mean and refer

to materials that constitute business or trade secrets or proprietary business
information.
2.

All CONFIDENTIAL MATERIAL shall be retained in the custody of the

respective counsel of record, who shall be responsible for restricting disclosure in
accordance with provisions of this Order.

8773401.1

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3.

All CONFIDENTIAL MATERIAL, and the facts and information in the

CONFIDENTIAL MATERIAL, shall not be disclosed to any person except as
specifically provided for below.
4.

All CONFIDENTIAL MATERIAL shall be designated as CONFIDENTIAL

MATERIAL by marking the words “CONFIDENTIAL MATERIAL” or some similar
phrase on the face of the documents.
5.

Access to CONFIDENTIAL MATERIAL shall be limited to plaintiff,

defendants, counsel of record for the respective parties to this action, and regular
employees and law clerks of said counsel who are assisting in the prosecution of this
litigation, expert witnesses identified by counsel, consulting experts, and appropriate
court personnel in the regular course of litigation.
6.

Disclosure of the CONFIDENTIAL MATERIAL to the plaintiff, defendants,

and/or to any other persons other than law firm of record personnel in accordance with
the terms of this Protective Order must be accompanied by a copy of this Protective
Order, and counsel must inform said person(s) of the terms of this Protective Order, and
said person(s) must agree to be bound by its terms.
7.

If it becomes necessary to submit CONFIDENTIAL MATERIAL to the

Court in connection with any filings or proceedings in this litigation, the party using it
shall move the Court to file such CONFIDENTIAL MATERIAL under restricted access
with the Clerk of the Court.
8.

Nothing in this Order shall be construed to restrict the use or disclosure of

any documents which a party or non-party shall have acquired from independent
sources.

8773401.1

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9.

Personally identifying information, such as social security numbers,

medical records and tax returns, while not considered CONFIDENTIAL MATERIAL, will
be used only for purposes of this case, and shall not be disseminated for any nonlitigation purpose.
10.

This Order shall be vacated on June 30, 2022, or at the end of this

litigation, whichever is later.
11.

This Order may be modified or amended by agreement of the parties or

upon further Order of the Court.

Dated this 21st day of May, 2018.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

8773401.1

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