Payne v. Beef Products, Inc. et al

Filing 32

PROTECTIVE ORDER - This Protective Order shall be binding upon the parties, their attorneys, agents, employees, representatives, successors and assigns from this date forward for documents first produced or disclosed from such date.Ordered by Magistrate Judge Thomas D. Thalken. (CJP)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA KEITH PAYNE, ) ) Plaintiff, ) ) vs. ) ) BEEF PRODUCTS, INC.; MID-TEC, INC.; ) and ZACHRY ENGINEERING ) CORPORATION f/k/a UTILITY ) ENGINEERING CORPORATION, ) ) Defendants. )

8:10CV33

PROTECTIVE ORDER

In order to ensure the confidentiality of documents filed as Restricted Documents under the E-Government Act, medical records and agreements with non-parties related to the present matter which may be produced in this case in response to any party's discovery requests or to testifying or nontestifying experts, IT IS ORDERED: 1. This Protective Order shall be without prejudice to the right of any of the

parties of this action (i) to bring before this Court at any time the question of whether any particular information is or is not relevant to any issue of this case or whether any information is or is not confidential as defined in Paragraph 1 of this Protective Order; (ii) to seek a further protective order; (iii) to exercise any right or raise any objection otherwise available under the rules of discovery or evidence; or (iv) by application and notice, to seek relief from any provision of this Protective Order on any ground. During the pendency of any challenge to the applicability of this Protective Order to any document, information or thing, however, said document, information or thing shall remain subject to the provisions of this Protective Order. 2. Documents, things, testimony, pleadings, various matters and information

designated as confidential by any party to this action which consist of Restricted Documents under the E-Government Act, medical records and agreements with nonparties related to the present matter which may be produced in this case in response to any party's discovery requests or to testifying or nontestifying experts ("Confidential

Information"): (a) Shall be designated by a stamp, sticker or similar variation

indicating that the documents are "Confidential," "Proprietary," "Trade Secret," "Subject to Protective Order" or some similar variation; (b) Shall be used only for the purpose of this litigation, including any

appeals, and may not be used for any purpose or disclosed in any manner outside the reasonable conduct of this case even if said information is used or offered at trial or in open court; (c) Shall not be disclosed to anyone other than the Court, the parties

hereto, their outside counsel, and the employees who are assisting such counsel in this litigation, any in-house counsel, employees of insurers for the parties hereto with responsibilities respecting this litigation, court reporters who record deposition or other testimony, witnesses, deponents, consultants and/or experts; (d) Shall be filed as Restricted Documents under the E-Government

Act whenever said documents are filed with this Court; and (e) If any party, attorney or individual shall disclose confidential

material(s) or information to a consultant, expert witness, or non-party witness, it is the obligation of the disclosing party to provide such person with a copy of this Protective Order and obtain a signed Confidentiality Agreement (in the form attached hereto and marked as Exhibit A) whereby such person agrees to be bound by the terms of this Protective Order. A copy of each executed Confidentiality Agreement shall be maintained by counsel for the disclosing party in a secure place and, upon request, such counsel shall produce the same to counsel for the non-disclosing party. If any party discloses confidential material(s) or information to an expert witness who is not expected to be called as a witness at trial ("non-trial expert"), the disclosing party still has the obligation to provide the non-trial expert with a copy of this Protective Order and obtain a signed Confidentiality Agreement (in the form attached hereto and marked as Exhibit A) whereby the non-trial expert agrees to be bound by the terms of this Protective Order. Although a copy of each executed Confidentiality Agreement obtained from such non-trial expert shall be maintained by counsel for the

disclosing party in a secure place, a copy of said executed Confidentiality Agreement shall be produced to the non-disclosing party only upon court order. 3. Nothing in this Protective Order shall be construed to limit the use of

information regarding individuals obtained by lawful means or from sources other than this litigation. 4. This Protective Order shall be binding upon the parties, their attorneys,

agents, employees, representatives, successors and assigns from this date forward for documents first produced or disclosed from such date.

Dated this 30th day of March, 2010.

BY THE COURT:
s/Thomas D. Thalken

United States Magistrate Judge

EXHIBIT A CONFIDENTIALITY AGREEMENT

I have read the Stipulated Protective Order ("Protective Order") entered by the United States District Court for the District of Nebraska in the action entitled Payne v. Beef Products, Inc. et al., Case No. 8:10CV0033. I understand the Protective Order is a court order designed to preserve the confidentiality of the "Confidential Information" designated under the terms of the Protective Order. I also understand the Protective Order restricts my use, disclosure and retention of such Confidential Information and also requires my safeguarding and/or return of documents and other materials containing Confidential Information as required by the Protective Order. I agree to comply with all provisions of the Protective Order. I also hereby submit myself to the jurisdiction of the United States District Court for the District of Nebraska for the purpose of enforcement of any provision of the Protective Order.

Dated: _____________

______________________________ Signature ______________________________ Name (Print)