Patterson v. Mutual of Omaha Insurance Company et al

Filing 50

PROTECTIVE ORDER on Defendant Mutual of Omaha Insurance Company's Motion for Protective Order 40 . Ordered by Magistrate Judge F.A. Gossett. (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
WESLEY PATTERSON,
Plaintiff,
v.
MUTUAL OF OMAHA INSURANCE
COMPANY, a Nebraska Corporation,
and JOHN DOE, a Corporation,
Defendants.

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CASE NO. 8:10-cv-26

PROTECTIVE ORDER

THIS MATTER came before the Court on Defendant Mutual of Omaha Insurance
Company’s Motion for Protective Order. (Filing 40.) Having granted the motion,
IT IS HEREBY ORDERED as follows:
1.

Documents or information has been requested in this matter, and in the

future may be requested, which contain or consist of valuable trade secrets, other
proprietary information or personal information (hereinafter, "Confidential Information").
Any documents produced or information provided by a party pursuant to or in response
to any discovery request may be designated by either party as "confidential" in the
following manners:
a.

By imprinting the word "confidential" on the first page or cover of
any document produced;

b.

By imprinting the word "confidential" next to or above any Answer
to any Interrogatory or any other written discovery response;

c.

With respect to portions of a deposition transcript, by making
arrangements with the attending court reporter to bind the
confidential portion(s) of such transcripts separately and labeling
them as "confidential,"

2.

All documents and information provided by a party in response to a

discovery request or deposition testimony designated as "confidential" shall be subject
to the following restrictions:
a.

Such documents or information shall be used only for the purpose
of this litigation and not for any business or other purposes
whatsoever;

b.

Such documents or information shall not be communicated or
disclosed in any manner, either directly or indirectly, to anyone
other than:
(1)

The attorneys of record and persons employed by them;

(2)

Outside experts who have, prior to disclosure, agreed to be
bound by the terms of this Protective Order;

(3)

The named Plaintiff or the named Defendant and their
officers, employees, or agents, including insurers, who have
a need to know for purposes of this litigation;

(4)

This Court and Court personnel; and

(5)

Such other persons as the Court may specifically approve
after notice and hearing.

c.

That all information designated as "Confidential" in whatever
format shall be furnished only under the terms of this Protective
Order and shall be treated by all persons accorded access
pursuant to this Protective Order as constituting Confidential
Information and shall neither be used nor disclosed except for the
purpose of this litigation, and solely in accordance with this
Protective Order or subsequent order of the Court.

d.

No Confidential Information shall be further disclosed to anyone
except those categories of persons provided herein who have
signed a Nondisclosure Agreement in the form attached hereto
and to whom disclosure is necessary for the purposes associated
with this lawsuit. The parties' respective attorneys of record, and
other persons or entities retained to assist in this lawsuit who have
signed a Nondisclosure Agreement, shall appropriately notify such
persons or entities that the disclosure is made in confidence and
must be kept in confidence in accordance with this Protective
Order.

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e.

Individuals authorized to review Confidential Information pursuant
to this Protective Order shall hold such information in the strictest
confidence and shall not divulge the information, either verbally or
in writing, to any other person, entity or government agency unless
authorized by the party designating such information as
confidential or order of the Court.

f.

Before trial, counsel for the parties shall agree to the appropriate
means to protect the confidentiality of the information that counsel
desire to present at trial. If counsel cannot reach an agreement,
they shall apply to the Court for resolution of the issue.

g.

There shall be no reproduction whatsoever of any confidential
documents or information, except that, as required in the course of
this litigation, copies, excerpts or summaries may be shown or
given to those persons authorized by this Protective Order to
receive such documents or information.

h.

All Confidential Information filed with the Court shall be filed and
maintained under seal until further order of the Court. The filing
party shall include a notice to the Court and other parties that the
document filed contains "Confidential" or "Protected Material"
subject to the provisions of this Order.

3.

Acceptance by a party of any information, document or thing identified as

"confidential" hereunder shall not constitute a concession that the information,
document or thing is confidential. If, subsequent to the acceptance of information or
documents identified as confidential, a party wishes the Court to rule upon the other
party's claim of confidentiality, that party may move this Court for such determination. In
the resolution of such motion, the burden of establishing the confidentiality of the
information or document shall be on the party who made the claim of confidentiality.
However, materials designated as confidential shall be treated as such pending
resolution of the motion by the Court.

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4.

Upon final termination of this action, including all appeals, all confidential

documents and any other confidential information of the other party which was provided
in discovery, including any copies, excerpts, or summaries that have been prepared
from or utilize such information by a party, its counsel, or other persons or entities
retained to assist such party in this litigation, shall be returned to the opposing party's
counsel or destroyed by counsel; provided, however, that (i) in no event shall counsel
be obligated to turn over to opposing counsel any items which constitute attorney work
product (as defined by applicable law) and (ii) counsel shall be entitled to retain one
copy of all information as part of its permanent litigation file and such information shall
remain subject to the confidentiality obligations of this Order.
Dated May 13, 2011.
BY THE COURT:

S/ F.A. Gossett, III
United States Magistrate Judge

NONDISCLOSURE AGREEMENT
I, ______________, certify that I have read the Protective Order entered in the
case of Wesley Patterson v. Mutual of Omaha Insurance Company & John Doe, Case
No. 8:10-cv-26, which is pending in the United States District Court for the District of
Nebraska. I understand the terms of that Protective Order and I agree to be bound by its
terms.

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