Criss et al v. Dakota County Board of Commissioners et al

Filing 218

JOINT PROTECTIVE ORDER - Ordered by Magistrate Judge Thomas D. Thalken. (AOA)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
RICHARD CRISS, AMANDA NAVIN
f/k/a AMANDA RUHRER, KRYSTAL
RAMIREZ, COLLEEN McMAHONLEVINE, ANNE CUTSINGER, RONALD
FINK, JR., JOHN GILLES, DIANA
MOCTEZUMA, HEATHER SHELBY
f/k/a HEATHER SKOW,
Plaintiffs,
vs.
COUNTY OF DAKOTA, NEBRASKA,
JAMES L. WAGNER, RODNEY HERRON,
in their Official and Individual Capacities,
Defendants.

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8:09CV387

JOINT PROTECTIVE ORDER

This matter is before the court on the plaintiff’s Motion for Protective Order (Filing No.
217), which Plaintiffs Richard Criss, Amanda Navin f/k/a Amanda Ruher, Ronald Fink, John
Gilles, Diana Moctezuma, Heather Shelby f/k/a Heather Skow and Defendants James L. Wagner,
Rodney Herron and County of Dakota, Nebraska agree should be entered to govern all
Confidential Information produced or to be produced in this case, and the Court being of the
opinion that this Order should be entered; it is therefore, ORDERED, that with regard to any
Confidential Information produced by any party in connection with the above-captioned case:
1.

“Confidential Information” means any document which bears the legend (or

which shall otherwise have had the legend recorded upon it in a way that brings it to the attention
of a reasonable examiner) “Confidential--Subject to Protective Order.” For purposes of this
Order the personnel files of Defendants’ employees, e-mails of non-parties and contents of the

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employment policy and procedure manuals of non-parties shall be treated as “Confidential
Information” regardless of whether the documents are so designated. For purposes of this Order,
the term “document” means all written, recorded or graphic or electronic material, whether
produced or created by a party or another person, whether pursuant to the Federal Rules of Civil
Procedure, subpoena, by agreement, or otherwise. Interrogatory answers, responses to requests
for admission, deposition transcripts and exhibits, extracts, correspondence, pleadings, motions,
affidavits, and briefs that quote, summarize, or contain materials entitled to protection which
may be accorded status as Confidential Information, but, to the extent feasible, shall be prepared
in such a manner that the Confidential Information is bound separately from that not entitled to
protection.
2.

In accordance with paragraph no. 1, above, the party providing Confidential

Information must, at the time of production, mark or designate as “Confidential Information”
such documents or discovery materials, or types or categories of such discovery materials, as the
providing party believes are confidential.

If a document is not marked confidential when

initially produced, a party shall have up to fourteen (14) days from the date of initial production
to so designate.
3.

A party receiving Confidential Information, may, within sixty (60) days of

receiving such Information, provide written notice to the providing party that the receiving party
denies that certain documents or other materials marked as Confidential Information, are entitled
to such status and protection. To maintain Confidential Information status, the proponent of
confidentiality shall, within thirty (30) days of receiving such written notice, apply to the Court
for protection, showing by a preponderance of the evidence, that there is good cause for the
documents or other materials to have such protection. Unless the receiving party provides
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written notice challenging Confidential Information status, as set forth above, all such
Information, so marked, shall be deemed to be Confidential Information.
4.

The parties, including their counsel, shall not give, show or otherwise divulge any

Confidential Information, including any copies, prints, negatives, or summaries or extracts
thereof, or the contents thereof, to any entity or person except their employees, experts and
consultants employed and retained by them or their counsel in connection with this specific
action.
5.

The experts and consultants of the parties to this action to which such

Confidential Information is intended to be presented, shall first be presented with a copy of this
Protective Order.
6.

Persons may be deposed regarding confidential documents of which they have

knowledge. All transcripts of said depositions containing confidential documents shall be treated
in accordance with this order.
7.

All transcripts, depositions, exhibits, pleadings or other documents made, taken or

filed with the Court in connection with discovery or pre-trial proceedings which contain or
otherwise set forth “Confidential Information” or any portion thereof, which has been previously
designated as comprising or containing “Confidential Information,” shall likewise be subject to
this Protective Order.

Any such transcripts, depositions, exhibits, pleadings or other such

documents containing such “Confidential Information,” which are filed with the Court shall
follow the procedures set forth in NECivR 5.0.3.
8.

Within sixty (60) days after the conclusion of this litigation, any originals or

copies of “Confidential Information,” produced by the providing party, and copies, summaries
and extracts thereof, shall be returned to the providing party except for those materials which are
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offered or received in evidence during a trial of this matter. Alternatively, a party may destroy
those documents after consultation with the providing party, in which event such party shall
provide the providing party with a letter stating that such party has complied with the provisions
of this paragraph and has not retained any originals or copies of the Confidential Information.
9.

The failure of any party to enforce at any time any provision of this Protective

Order shall not be construed as a waiver of such provision, nor be construed in any way to affect
the validity of this Protective Order or any part hereof or the right of any party thereafter to
enforce each and every such provision. No waiver of any breach of this Protective Order shall be
held to constitute a waiver of any other breach.
10.

In the event that any party or their counsel receives a subpoena, legal process, or

court order seeking disclosure of any information designated as “Confidential Information,” such
person shall provide immediate notice to the providing party in a manner reasonably calculated
to provide the providing party the opportunity to protect the confidentiality of the information
involved.
IT IS SO ORDERED.
DATED this 26th day of October, 2011.
BY THE COURT

s/Thomas D. Thalken
United States Magistrate Judge

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