Venteicher v. Smyrna Air Center
Filing
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PROTECTIVE ORDER - Ordered by Magistrate Judge F.A. Gossett. (AOA)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
GEORGE W. VENTEICHER, III,
Plaintiffs,
vs.
SMYRNA AIR CENTER, INC.
Defendant.
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CASE NO. 8:09-cv-272
PROTECTIVE ORDER
Given the nature of this action, the parties believe that they are likely to exchange
information that is confidential and proprietary in nature. Such protected information
includes, but is not limited to, financial and other personal information regarding Plaintiff,
Defendant, and third parties; information related to pilot and airplane log books; Defendant's
business practices; information related to insurance coverage; and other proprietary
information. Accordingly, the parties have jointly submitted a proposed protective order for
the Court’s approval. Having considered the proposed protective order, the Court hereby
enters a protective order as follows:
1.
Any information (whether in the form of documents, interrogatory responses,
deposition testimony, or any other form) produced or exchanged by any parties to this action,
third parties, or any of their attorneys, which a party or third party believes in good faith is of a
confidential nature, specifically: (a) confidential personal information (including, but not
limited to, private information relating to insurance policy numbers, social security numbers,
drivers' license numbers, home addresses or telephone numbers, claims made under insurance
policies, or financial information); (b) confidential business or strategic information;
including any copy thereof; and pilot or airplane log books (hereinafter referred to
collectively as "the Confidential Information"), shall be treated as confidential and shall not be
disclosed except as provided in this Order; PROVIDED, however, that counsel for the party
designating any information as confidential may, in writing and without Court approval, agree
to release any of the Confidential Information from the requirements of this Order.
2.
All Confidential Information produced by or obtained from any other party in
the course of this action, through discovery or otherwise, shall be used by the party to whom
such information is produced solely for the purpose of this litigation and for no other purpose
and shall not otherwise be disclosed to anyone.
3.
A party or third party may designate written material as Confidential
Information by marking each page of such material that contains Confidential Information with
the legend "Confidential", or the party may designate material as confidential and subject to
the protective order by stating in response to a discovery request that the document is
confidential and subject to the Protective Order. Wherever it appears that Confidential
Information will be revealed in a deposition taken after the date of this Order, a party may
provisionally designate the material on the record at the time of its disclosure as
"Confidential." Upon such designation, the portion of the deposition containing Confidential
Information shall be subject to the terms of this Order.
4.
Confidential Information shall be produced only to counsel of record in this
action and to the individually named parties to this action, all of whom have agreed to be
bound and are bound by the terms of this Order.
5.
Neither the Confidential Information nor its contents shall be disclosed to any
other person without the agreement of the party or third party designating the information as
confidential, except that counsel may, without further agreement or Court order and except as
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provided in the preceding paragraph, disclose the Confidential Information or its contents to
the following persons for use solely in connection with this action under the following
conditions:
(a)
Attorneys and legal assistants of counsel's firm and to any other
employees of counsel's firm who shall handle the Confidential Information under
normal office procedure;
(b)
Experts or consultants retained by the parties in this action;
(c)
Any person who is an officer, director, or employee of any
reproduction or litigation document handling service whom counsel specifically
authorizes to work on this case;
(d)
Any person from whom testimony is being taken, has been taken or is
reasonably expected to be taken in this action (whether in deposition or at trial), at a
reasonable time before such testimony or during such testimony;
(e)
The Court before which this action is pending; and
(f)
Any court reporters present in their official capacity at any hearing,
deposition or other proceeding in this action.
6.
Each person referred to in subparagraph 5(b) who has been shown or given
access to Confidential Information, or information derived therefrom, shall sign an
undertaking stating that he or she has read a copy of this Order and agrees to be bound by its
provisions, which undertaking shall be retained by counsel for the receiving party who
provides such material or information to such person. Upon request, a copy of the
undertaking will be delivered to the opposing counsel after the parties have designated
experts, except that in the case of an expert who has not been designated or has been
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consulted solely in an advisory capacity, the undertaking may be submitted to the Court for in
camera review.
7.
Confidential Information shall be used solely for the purpose of prosecution or
defense of this action, and such documents and information may be used, consistently with
the terms of this Order, and without limitation, in pretrial discovery and at the trial or
preparation for trial and any appeals of this action.
8.
This Order has no effect upon, and its scope shall not extend to, any party's use
of its own Confidential Information.
9.
Producing or receiving materials or otherwise complying with the terms of this
Order shall not: (a) operate as an admission by any party that any particular discovery
material contains or reflects any Confidential Information or a trade secret under applicable
law; or (b) prejudice in any way the rights of any party to object to the production of
documents it considers not subject to discovery or otherwise protected from or limited in
discovery on the basis of privilege or otherwise; or (c) prejudice in any way the rights of a
party to seek a Court determination regarding whether particular discovery materials should be
produced; or (d) prejudice in any way the rights of a party to apply to the Court for any
additional protection with respect to the confidentiality of information as that party may
consider appropriate.
10.
The confidentiality provisions of this Order shall survive any settlement,
judgment or other disposition or conclusion of this action, and all appeals, and this Court
shall retain continuing jurisdiction in order to enforce the terms of this Order. After final
resolution of this action, including all appeals, within 30 days following a written request, all
Confidential Information and reproductions thereof shall be: either (a) returned to counsel for
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the party or third party who provided the Confidential Information; or (b) destroyed, and
counsel for the party receiving the Confidential Information shall sign and provide to
Counsel for the party or third party producing the Confidential Information a certification
attesting to such destruction.
11.
Any party may at any time and for any reason seek modification of this
Protective Order. In the event either party disputes the appropriateness of the other's
designation of documents as confidential pursuant to this order then the party shall first
attempt to resolve the issue with opposing counsel and then, if unsuccessful, may apply to
this Court for an order declaring specific documents to be removed from the protective order
and no longer treated as confidential. This Protective Order can be modified only by written
agreement of the parties or by order of this Court. Each party reserves the right to object to any
party's motion or request to modify this Protective Order.
IT IS SO ORDERED.
DATED November 3, 2011.
BY THE COURT:
S/ F.A. Gossett
United States Magistrate Judge
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