Plan Pros v. Zych et al

Filing 121

PROTECTIVE ORDER. Ordered by Senior Judge Lyle E. Strom. (JAE)

I N THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA P la n Pros, Inc., P la in t iff vs. B r ia n Zych, et al., D e f e n d a n t s. § § § § § § §

C a s e No.:

8 :0 8 C V 1 2 5

P R O T E C T I V E ORDER P u r s u a n t to the Memorandum and Order entered by the Court on July 8, 2009 [ D o c u m e n t # 94], and the Memorandum and Order entered by the court on August 21, 2009 [ D o c u m e n t # 116], the undersigned parties present this protective order, pursuant to which P la n Pros attorney shall be allowed to inspect and copy certain documents deemed c o n f id e n tia l and maintained by Defendant Ken Tinnes. In particular Plan Pros, a competitor o f Defendant sought to review over six years of Defendant Ken Tinnes' work product in c lu d in g professional designs, correspondence, marketing and pricing information. The C o u rt granted the request in part subject to entry of a "protective order limiting access to the rec o rds disclosed hereunder to counsel or counsel's representatives." By subsequent order, th e Court then clarified its meaning of "counsel's representatives" as "a person Plan Pros' C o u n se l retains who has architectural expertise, so long as that person is not associated with o n e of Tinnes' competitors and that person is made subject to the Protective Order the parties e n te r." This Court finds that the following Protective Order is appropriate. IT IS ORDERED, DECREED, AND ADJUDGED AS FOLLOWS: 1. T h e Defendant, Ken Tinnes shall allow Plaintiff's counsel Dana LeJune, and

s u c h representative as he may retain, to inspect and copy the documents ordered produced b y the Court in the Memorandum and Order entered dated July 8, 2009 [Filing No. 94] and o n August 21, 2009 [Document # 116], so long as said person is not associated with one of T in n e s ' competitors. Such representative shall in writing consent to be bound by the terms
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o f this protection order, prior to accessing, inspecting, and/or copying the records specified in the Memorandum and Order entered dated July 8, 2009 [Filing No. 94] and on August 21, 2 0 0 9 [Document # 116]. , namely the plans, documents and marketing materials described in parts (a), (b), and (c) excerpted from the Request for Production, and set forth in such O rd e r. The records shall not be accessed by any party other than Plaintiff's counsel and the c o n se n tin g representative who must be identified prior to the disclosure or inspection. 2. T h e material copied shall be marked "CONFIDENTIAL" and shall be

m a in ta in e d by counsel for the Plaintiff separate from, and not commingled with, any other d o c u m e n t or items. 3. A n appropriate third party copying service may be utilized by the Plaintiff's

c o u n se l to make the copies so long as such service affirms in writing to abide by this p ro te c tio n order and deliver the copies only to the LeJune Law firm. 4. E x c e p t as hereinafter provided or upon further order of the Court, no item

p ro d u c e d nor any description or summary of its contents may be revealed to any person or e n tity except counsel for parties in this action and those secretaries or paralegals employed b y such counsel on a regular basis who are assisting counsel in this action; and the Court. (a ) A ny person receiving a copy of the material marked

`C O N F I D E N T IA L " shall maintain the copy separate from and not commingled with, a n y other document or items not related to this case. (b) A ll copies shall be considered to be included within the term

" c o n f id e n tial material" as used in this Order and possession and use of any copy shall b e subject to the terms of this Protective Order to the same extent as the original m a ter ial. 5. E a c h person receiving confidential material shall be subject to the terms of this

P rotec tiv e Order. 6. A ll confidential material shall be viewed and/or used only for purposes of

p re p a rin g and presenting this case. Prior to any public disclosure of the material at a hearing o r trial or in a motion to the court, counsel for Defendant, Ken Tinnes shall be notified of

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w h a t material is intended to be disclosed and shall be provided an opportunity to object to th e intended disclosure. 7. A t the conclusion of this case all confidential material, including all copies,

r e c e iv e d pursuant to this Order shall be returned to counsel for Defendant, Ken Tinnes unless o t h e r w i s e ordered by the Court. This Protective Order shall not terminate upon the

c o n c lu s io n of this action, but shall continue until the further order of the Court, or until the D e f en d a n t, Ken Tinnes has waived confidentiality in writing. 8. T h e Court may impose sanctions with respect to any party or any party's

a tto rn e y or any other person or entity improperly granting access to material subject to th is Protective Order. Any person or entity, whether or not a party violating the P ro tec tiv e Order, may be punished for contempt of Court. 9. a n d order. DATED this 2nd day of September, 2009. B Y THE COURT: /s / Lyle E. Strom __________________________________ L yle E. Strom, District Judge U n i te d States District Court A ll relief granted by this Order is subject to review and change upon motion

A p p ro v e d as to form only: s /D a n a A. LeJune D a n a A. LeJune T X Bar No. 12188250 3 0 0 6 Brazos Street H o u s to n , Texas 77006 T e le p h o n e : [phone] F a c sim ile : [phone] A tto rn e y for Plaintiff P la n Pros, Inc. s/B re n t Nicholls B re n t Nicholls, No. 22146 K A S A B Y & NICHOLLS 3 0 0 S. 19 th Street, Suite #300 O m a h a , Nebraska 68102 T e le p h o n e : [phone] F a c sim ile : [phone] A tto rn e y for the Defendant, Ken Tinnes

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