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, )

Download PDF
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 -3- 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 -4- 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 (402) 933-0070 (402) 933-0707 Fax wch@derrhowell.com 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 (402) 636-8268 (402) 231-8552 - Fax spmoore@bairdholm.com Attorneys for Defendant -5-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?