Cunningham v. Hansen et al

Filing 29

STIPULATED PROTECTIVE ORDER - that the Joint Motion for Protective Order (Filing No. 28 ) is granted. Pursuant to Fed. R. Civ. P. 26(c), the Court finds good cause for the issuance of a qualified protective order. Ordered by Magistrate Judge Michael D. Nelson. (KLF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JAY CUNNINGHAM, Personal Representative of the ESTATE OF MICHAEL
GALINDO, Deceased,
Plaintiff,
v.

Case No. 4:18CV3012
STIPULATED PROTECTIVE
ORDER

BRAD HANDSEN, in his official and individual capacities; SCOTT FRAKES, in his
official and individual capacities; DOES 1 –
10, in their official and individual capacities; and STATE OF NEBRASKA,
Defendants.
Upon review of the parties’ Joint Motion for Protective Order (Filing No. 28) and proposed
Stipulated Protective Order emails to chambers,
IT IS ORDERED that the Joint Motion for Protective Order (Filing No. 28) is granted.
Pursuant to Fed. R. Civ. P. 26(c), the Court finds good cause for the issuance of a qualified protective
order and ORDERS as follows:
1. The parties and their attorneys are hereby authorized to receive and transmit confidential rules,
regulations, policies, reports and/or documents of the Nebraska Department of Correctional
Services including but not limited to: administrative regulations, operational memorandums,
post orders, photographs, incident reports, inmate files, inmate misconduct reports, and/or
email communications, to the extent and subject to the conditions outlined herein.
2. For the purposes of this qualified protective order, confidential rules, regulations, and policies
include, but are not limited to, those rules, regulations, and policies which are not available to
the inmate population at the Nebraska Department of Correctional Services.
3. The parties and their attorneys are not permitted to disclose the above-described documents
to any inmate in the custody of the Nebraska Department of Correctional Services.

4. The parties’ attorneys shall be permitted to use or disclose discovery obtained in this case for
purposes of prosecuting or defending this action including any appeals of this case. This
includes, but is not necessarily limited to, disclosure to their attorneys, experts, consultants,
court personnel, court reporters, copy services, trial consultants, deponents, non-inmate
witnesses, and other entities or persons involved in the litigation process.
5. Prior to disclosing the above-described documents to persons involved in this litigation,
counsel shall inform each such person that the information may not be used or disclosed for
any purpose other than this litigation. Counsel shall take all other reasonable steps to ensure
that persons receiving the above-described documents do not use or disclose such information
for any purpose other than this litigation and to ensure that the contents of the documents
and/or items are not revealed to any person not already subject to the terms of this Order.
6. Within 45 days after the conclusion of the litigation including appeals, the parties, their
attorneys, and any person or entity in possession of confidential rules, regulations, and policies
received from counsel pursuant to paragraph four of this Order, shall return such documents
and/or items to counsel for the Defendants or destroy any and all copies, except that counsel
are not required to secure the return or destruction of such information submitted to the court.
In the alternative, counsel shall protect the confidentiality of the documents for so long as
they are retained by counsel or maintained in the Nebraska State Archives, and shall limit
further uses and disclosures of confidential information as required by this Order.
7. This Order does not authorize either party to seal court filings or court proceedings. The Court
will make a good cause determination for filing under seal if and when the parties seek to file
documents and/or items under seal.

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PROTECTIVE ORDER
Pursuant to Fed. R. Civ. P. 26(c), the Court finds good cause for the issuance of a protective
order and ORDERS as follows:
8. The parties and their attorneys are hereby authorized to receive and transmit documents
and/or other items to the extent and subject to the conditions outlined herein.
9. For the purposes of this qualified protective order, confidential rules, regulations, and policies
include, but are not limited to, those rules, regulations, and policies which are not available to
the inmate population at the Nebraska Department of Correctional Services.
10. This authorization does not govern trial or other legal proceedings. The parties shall address
the court at a later date on appropriate procedures for trial and other legal proceedings.
11. The provisions of this order shall remain in full force and effect until further order of this
Court.
Dated this 25th day of September, 2018.
BY THE COURT:
s/ Michael D. Nelson
United States Magistrate Judge

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