Norman v. Union Pacific Railroad Company

Filing 25

PROTECTIVE ORDER granting 24 Joint Motion for Protective Order. Ordered by Magistrate Judge F. A. Gossett. (CLS, )

IN THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF NEBRASKA K I M B E R L Y NORMAN, P l a i n t i f f, vs. U N IO N PACIFIC RAILROAD COM PANY, D efe n d a n t. ) ) ) ) ) ) ) ) ) )

8 :0 8 C V 1 1 8 P R O T E C T I V E ORDER

I T IS ORDERED that the parties' Joint Motion for Entry of Protective Order (Doc. 2 4 ) is granted, as follows: 1. D E F IN IT IO N S . Limitations under this Protective Order on the use or disclosure

o f documents, deposition testimony or other discovery designated as "Confidential" shall a p p ly to (a) all information, copies, extracts and complete or partial summaries prepared or d erive d from such documents or testimony; (b) portions of deposition transcripts, answers to interrogatories, responses to requests for admissions, responses to requests for production, in itia l disclosures and exhibits thereto which directly refer or directly relate to any such in f o r m a tio n , documents, copies, extracts or summaries; and (c) portions of briefs, m e m o ra n d a or any other writing filed with the Court and exhibits thereto which directly r e la te to any such information, documents, copies, extracts or summaries. 2. C O N F ID E N T IA L DOCUMENTS/INFORMATION. Defendants seek to protect

f ro m disclosure certain personal and sensitive information regarding the employees of D e f en d a n ts relating to this lawsuit. Before produced documents are copied or inspected, the producing party may stamp as "Confidential" on any document or deposition testimony which c o n tain s such sensitive information. Documents may also be designated as "Confidential"

b y written notice to opposing counsel which identifies the documents so designated by Bates n u m b e r. Documents designated "Confidential," deposition testimony so designated, and in f o rm a tio n derived therefrom will be retained by counsel and will not be used for any p u rp o s e other than this litigation and will not be disclosed except pursuant to court order e n ter e d after notice, to anyone except: a. C o u n se l who have signed this Order approving it as to form and content,

a tto rn e ys who are employed by Plaintiff, retained outside counsel, in house counsel, la w clerks, secretaries or paralegals directly involved in the conduct of this litigation; b. E x p e rts and consultants retained by a party to this action for purposes of

a s s is tin g in the preparation or presentation of claims or defenses; c. A n y deposition or trial witness, during the course of deposition or trial

te s tim o n y, when necessary to the testimony of such witness; d. e. f. A n y person who was involved in the preparation of the document; T h e Court, Court personnel, court reporters and similar personnel; T h e named parties to this case, excluding their agents and/or representatives

e x c ep t those identified at Paragraph 2(a) above. g. A n y other person with the prior written consent of the party producing the

d o c u m e n t, pleading or deposition testimony. P r io r to receiving or being shown such documents or deposition testimony, persons f a llin g in the categories listed above in subparagraphs (b), (c), (d), (f) and (g) shall be shown a copy of, and shall agree in writing, or on the record during trial or deposition, to be bound b y the terms of this Protective Order. During a deposition, any party asserting confidentiality o f any of its documents shall ask the deponent on the record to accept the terms of this Order. -2-

If the deponent refuses to assent, disclosure of the documents during deposition shall not c o n stitu te a waiver of confidentiality. Under such circumstances, the witness shall sign the o rig in a l deposition transcript in the presence of the court reporter and no copy of the tra n s c rip t or exhibits shall be given to the deponent. 3. D O C U M E N T S ALREADY PRODUCED. Within ten days of the entry of this

O rde r, parties may inform the party to whom documents have been produced that it considers c e rta in documents already produced as being subject to this Order as "Confidential." 4. T H IR D PARTY WITNESSES. A copy of this Protective Order shall be served

w ith a subpoena or Notice of Deposition on each third party deponent. A third party witness m a y designate a document as "Confidential" pursuant to this Order by stamping it with such n o tice prior to production or so identifying it on the record during the deposition of that third p a rty. Either party may also designate documents produced by a third party as being "C o n fid en t ial" pursuant to the terms of this Order within ten (10) days of being made aware o f the content of such documents. Any document produced by a third party shall be treated a s "Confidential" pursuant to the terms of this Order for such ten (10) day period and th e re a fte r if designated as "Confidential" by either party or by the third party which produces it. The "Confidential" restrictions of this Order shall no longer apply to any document p ro d u c e d by a third party which has not been designated as "Confidential" by the third party o r by a party within such ten (10) day period. 5. C H A L L E N G E TO DESIGNATION. Any party may challenge the "Confidential"

d e sig n a tio n of any document, by moving the Court for an Order allowing disclosure. The p a rty challenging the "Confidential" designation of any document shall give all other parties a t least ten (10) days notice before filing a motion with the Court and the parties shall attempt to resolve any disagreement before submitting it to the Court. If a party challenge the " C o n f id e n tia l" designation of the document(s), the documents at issue shall continue to be

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tre a te d as "Confidential" pursuant to the terms of this Order until such time as the Court has m a d e a ruling with respect to the motion. 6. R E T U R N OF DOCUMENTS. Upon completion of the litigation all documents

a n d copies of the same designated "Confidential" shall be destroyed or returned to counsel f o r the producing party with signed statement reflecting the disposition. This Order shall not te rm in a te upon the conclusion of this action but shall continue until the further order of the C o u rt or until the party claiming confidentiality has waived the same in writing. 7. U S E OF DOCUMENTS. Documents produced by any party, including, but not

lim ited to, "Confidential" documents and information from any documents acquired in d is c o v e r y in this litigation shall not be used for any purpose except in connection with the litig a tio n pending in the United States District Court for District of Nebraska, Case No. 8 : 0 8 c v 1 1 8 styled Kimberly Norman v. Union Pacific Railroad Company. Nothing in this O rd e r shall limit any party or person in its use of its own documents or from disclosing its o w n documents and information. This Order or production of any documents shall not affect th e admissibility of any such document or be deemed a waiver of any objection to the a d m is s ib i lity of such documents. 8. E X C E P T IO N S . The restrictions embodied in this Order shall be binding on the

p a rty to whom "Confidential" information is disclosed unless and until there is a showing th a t: a. S u c h information was or has become public knowledge absent a breach of

th is Protective Order; or b. T h e party to whom such disclosure was made had already learned such

i n f o r m a tio n from a third party who himself has not breached any confidential

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re latio n sh ip which may have existed or exists between such third party and the party m a k in g the disclosure. 9. N O N -E X C L U S IV IT Y . This Order does not affect the right of a party to seek to

c o m p e l disclosure or production of a document or to seek an order modifying or limiting this O rd e r in any aspect. The obligations and prohibitions under this Order are not exclusive. A ll other ethical, legal and equitable obligations are unaffected by this agreement. 1 0 . W A IV E R . Any waiver under this Order must be made in writing or, if at a d e p o s itio n or in Court, on the record. 11. E N F O R C E M E N T . Any party or person subject to the obligations and

p ro h ib itio n s of this Order who is determined by the Court to have violated its terms is subject to sanctions imposed by the Court pursuant to the Federal Rules of Civil Procedure. D A T E D November 6, 2008. B Y THE COURT: s / F.A. Gossett U n ite d States Magistrate Judge

PREPARED AND SUBMITTED BY: By: s/W. Craig Howell W. Craig Howell, #20086 Derr and Howell, P.C., L.L.O. 11205 Wright Cir., Suite 210 Omaha, NE 68144 [phone] [phone] ­ Fax [e-mail] Attorney for Plaintiff By: s/Scott P. Moore Scott Parrish Moore #20752 Quinn H. Vandenberg #23338 Baird Holm LLP 1500 Woodmen Tower Omaha, NE 68102 [phone] [phone] - Fax [e-mail] Attorneys for Defendant

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