Rinard v. Parker-Hannifin Corporation
Filing
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ORDER granting 24 Motion for Protective Order. Ordered by Magistrate Judge Cheryl R. Zwart. (BHC)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MICHAEL RINARD,
Plaintiff,
v.
PARKER HANNIFIN
CORPORATION,
Defendant.
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Case No. 7:12-cv-5005
AGREED PROTECTIVE ORDER
Upon the stipulation and agreement of the parties, and it appearing to the Court that:
A.
The parties will engage in discovery in this employment case which will require
the production of documents, the inspection of tangible things, the answering of interrogatories
and requests to admit, and the taking of oral and/or written depositions;
B.
In the course of discovery, medical, financial, educational, employment,
operational and/or other confidential information is likely to be produced by the parties or other
persons or entities;
C.
The parties are interested in permitting discovery to proceed without delay
occasioned by possible disputes about the confidential nature of the documents and/or information
being produced;
D.
The parties, pursuant to agreement, have applied to the Court for this Agreed
Protective Order limiting the disclosure of confidential documents and/or information produced in
this matter and have stipulated hereto;
E.
Federal Rule of Civil Procedure 26(c) provides for the issuance of a protective order
limiting the disclosure and use of information and documents for good cause; and
F.
Making the above types of information subject to the Agreed Protective Order will
assist in the discovery process and provide necessary protection for confidential information. As
such, good cause exists for the issuance of this Agreed Protective Order.
IT IS HEREBY ORDERED THAT:
1.
The following definitions shall apply for purposes of this Agreed Protective Order:
a.
The term "confidential discovery material" shall mean confidential and
non-public medical, financial, educational, employment, operational and/or other confidential
information of a party or third person whether produced pursuant to the Federal Rules of Civil
Procedure, any document request, subpoena, or order in this case; in answers to interrogatories,
requests to admit and depositions on written questions served in this case; designated oral
deposition testimony given in this case; and all documents reflecting the results of an inspection,
testing, or sampling of any tangible thing requested in this case. A document may be designated
as confidential discovery material by either stamping or marking it "CONFIDENTIAL,"
"SUBJECT TO PROTECTIVE ORDER," or "PROTECTED DOCUMENT," or otherwise
identifying it as “proprietary” or “confidential” by the use of these words or other similar
language.
In the event confidential discovery material is produced without a confidential
designation, any party may seek to have it designated as confidential discovery material by
advising the other party of same within 30 days. Deposition testimony may be designated as
confidential discovery material by identifying the relevant portions on the record at the deposition or
by sending written notice specifying those portions to each party within 30 days of the date the
transcript of those portions of the deposition is received by the designating person.
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b.
The term "person" shall mean any natural person and any corporation,
partnership, association, or other entity.
c.
The term "party" shall mean Plaintiff Michael Rinard and Defendant
Parker-Hannifin, and any other person that may become a named party to this case.
d.
The term "designating person" shall mean the person or party responsible
for producing any material that is designated as confidential.
2.
Except with the prior written consent of the designating person, confidential
discovery material may not be copied and/or disclosed to any person other than:
a.
A party, including any officer, director, employee, agent, or representative of
or attorney for a party;
b.
The Judges presiding in this case, the Judges’ staff, and such employees of
the Court as directed by the Judges;
c.
Any third-party mediator mutually agreed-upon by the parties for the
purpose of alternative dispute resolution, and the mediator’s staff;
d.
Counsel of record for a party and their legal associates, paralegals, and office
e.
Other counsel for a party and their paralegals and office staff;
f.
Outside experts, consultants, advisors, and analysts retained or consulted for
staff;
the purpose of assisting a party in the preparation and trial of this case;
g.
h.
3.
Witnesses being deposed; and
Jury members in the event this case proceeds to trial.
To the extent any confidential discovery material is disclosed to a non-party as
provided in sections (f) and (g) above, said person shall be provided with a copy of this Agreed
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Protective Order prior to review of any confidential discovery material and shall sign a disclosure
statement in the form attached hereto attesting that they have reviewed the Agreed Protective Order
and understand its contents, and agree to abide by its terms.
4.
All confidential discovery material shall be used and disclosed solely for purposes of
the preparation and trial of this case and shall not be used or disclosed for any other purpose, unless
ordered by this Court, or another Court with jurisdiction, or any administrative agency with
jurisdiction.
5.
At the conclusion of this case, all confidential discovery material and copies
thereof in the possession, custody, or control of any Party or its attorney shall be maintained in
the possession, custody, or control of counsel for the Party and shall be withheld from all other
persons following the conclusion of this case. Counsel for the Parties agree that said confidential
discovery material will be maintained solely for the purpose of defending an action against said
counsel or responding to a disciplinary complaint against said counsel.
6.
Nothing in this Order shall:
a.
Restrict the right of any party to disclose any confidential discovery
material produced or provided by that party to any other person;
b.
Restrict the right of any party to use any confidential discovery material in
any hearing or trial in this case; provided, however, that the parties agree to cooperate prior to
any such hearing or trial to develop appropriate procedures for the protection of confidential
discovery material from disclosure to the public. Specifically, the parties agree to seek the
issuance of an Order providing, to the fullest extent possible, that the use or disclosure of trial or
hearing testimony and trial or hearing exhibits shall be subject to the same limitations and
restrictions as are provided for confidential discovery material under this Order.
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c.
Prevent any party from objecting to discovery that the party believes is
improper for any reason;
d.
Preclude any party from seeking any further or additional protection for
confidential discovery material not provided in this Order; or
e.
Alter the parties’ requirements to comply with the Local Rules for the
United States District Court for the District of Nebraska and the court's Procedure for Filing Ex
Parte, Restricted, or Sealed Documents.
7.
Any notice to a party required by this Order may be given by notifying that party's
counsel of record in this case. Any act by a party required by this Order may be performed by that
party's counsel of record in this case.
ORDERED this 10th day of January, 2013.
s/ Cheryl R. Zwart
Cheryl R. Zwart
United States Magistrate Judge
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EXHIBIT A
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MICHAEL RINARD,
Plaintiff,
v.
PARKER HANNIFIN
CORPORATION,
Defendant.
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)
)
)
)
)
)
)
)
)
Case No. 7:12-cv-5005
DECLARATION REGARDING PROTECTIVE ORDER AGAINST UNAUTHORIZED
USE OR DISCLOSURE OF CONFIDENTIAL INFORMATION
I _____________________ declare as follows:
My address is ___________________________________________________________;
I hereby acknowledge that I have received, or may receive, information designated as
“CONFIDENTIAL” under an Agreed Protective Order of the Court in the above lawsuit, and I
acknowledge such information is provided to me pursuant to the terms and restrictions of such
Agreed Protective Order.
I further state that I have (i) been given a copy of, and have read, the Agreed Protective
Order; (ii) I am familiar with the terms of the Agreed Protective Order; (iii) I agree to comply
with, and to be bound by, each of the terms thereof; and (iv) I agree to hold in confidence any
information disclosed to me pursuant to the terms of the Agreed Protective Order.
To assure compliance with the Agreed Protective Order, I hereby submit myself to the
jurisdiction of the United States District Court for the District of Nebraska for the limited
purpose of participating in any proceedings relating to performance under, compliance with, or
violation of this Agreed Protective Order.
I understand that: (i) I am to retain all of the materials I receive which have been
designated as “CONFIDENTIAL” in a container, cabinet, drawer, room, or other safe place in a
manner consistent with this Agreed Protective Order; (ii) I will make no copies or other
reproductions of any such materials; (iii) all such materials are to remain in my custody until I
have completed my assigned duties, whereupon they are to be returned to the party who provided
them to me; and (iv) any materials, memoranda, work notes, or other documents derived from
documents designated as “CONFIDENTIAL,” or any information contained therein, are to be
delivered to the party who provided the designated materials. Such delivery shall not relieve me
from any of the continuing obligations imposed upon me by the Agreed Protective Order. I
further agree to notify any stenographic or clerical personnel who are required to assist me of the
terms of the Agreed Protective Order.
I declare under penalty of perjury that the foregoing is true and correct.
Name: __________________________________
Date: ___________________________________
14055935.1
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