Peter Kiewit Sons', Inc. v. Wall Street Equity Group, Inc. et al

Filing 264

PROTECTIVE ORDER - Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
PETER KIEWIT SONS’, INC.,
Plaintiff,
V.
WALL STREET EQUITY GROUP,
INC., WALL STREET GROUP OF
COMPANIES, INC., SHEPHERD
FRIEDMAN, and STEVEN S. WEST,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)

8:10CV365

PROTECTIVE ORDER

In a separate order filed this date, the court granted Defendants’ motion for a
protective order. Accordingly,

IT IS ORDERED,

This Protective Order will govern the handling of all materials and Confidential
Information produced in this action ("Produced Material") by any party or any non-party (the
"Producing Party"). Produced Material includes, but is not limited to, documents (including
electronically-stored information) and things produced pursuant to Federal Rule of Civil
Procedure 34 or Rule 45, testimony upon written questions pursuant to Rule 31, testimony
adduced at depositions upon oral examination and transcripts, videotapes, and exhibits
thereof pursuant to Rule 30, discovery requests and written responses thereto pursuant to
Rules 33 or 35; and discoverable materials derived from any of the foregoing.

1.

Definitions.

(a)

Confidential Information. The term "Confidential Information" shall mean

and include information, documents, and things the Producing Party believes in good faith
is not generally known to others, and which the Producing Party (i) would not normally
reveal to third parties except in confidence or has undertaken with others to maintain in
confidence, or (ii) believes in good faith is protected by a right to privacy under federal or
state law or any other applicable privilege or right related to confidentiality or privacy.

(b)

Materials. The term "materials" shall include, but shall not be limited to:

documents; correspondence; memoranda; bulletins; blueprints; specifications; customer lists
or other material that identify customers or potential customers; price lists or
schedules or other matters identifying pricing; minutes; telegrams; letters; statements;
cancelled checks; contracts; invoices; drafts; books of account; worksheets; notes of
conversations; desk diaries; appointment books; expense accounts; recordings; photographs;
motion pictures; test data; software; hardware; electronically stored information;
compilations from which information can be obtained and translated into reasonably usable
form through detection devices; sketches; drawings; notes (including laboratory notebooks
and records); reports; instructions; disclosures; other writings; models and prototypes and
other physical objects.

(c)

Outside Counsel. The term "Outside Counsel" shall mean outside counsel

of record, and other attorneys, paralegals, secretaries, and other support staff employed by
outside counsel of record.

(d)

Outside Consultant. The term "Outside Consultant" shall mean a person

with specialized knowledge or experience in a matter pertinent to the litigation who has been
2

retained by Outside Counsel or a Party to serve as an expert witness, or as a consultant in
this action, and who is not a current employee of a Party or of a competitor of a Party and
who, at the time of retention, is not anticipated to become an employee of a Party or of a
competitor of a Party.

(e)

In-house Counsel. The term "In-house Counsel" shall mean persons for each

Party (i) that are attorneys or members of the legal staff of the Party or its affiliates (or any
initially named Party to this action), (ii) that are employed by the Party or its affiliates (or any
initially named Party to this action), and (iii) as part of that employment are required to
participate in policy decisions with reference to this action.

2.

Scope of Protective Order.

(a)

This Protective Order shall govern Confidential Information that is, directly

or indirectly, set forth, revealed, produced, or provided: (i) in discovery requests
promulgated under the Federal Rules of Civil Procedure, the Local Rules of the District of
Nebraska, the Final Progression Order entered in this case, as well as and responses thereto;
(ii) in any documents (including electronically-stored information), things, or premises
produced pursuant to, or made available for inspection in response to, a discovery request
or subpoena under the Federal Rules of Civil Procedure; (iii) during depositions upon oral
or written examination under the Federal Rules of Civil Procedure; (iv) in connection with
any other discovery taken in this action, whether pursuant to the Federal Rules of Civil
Procedure, informally, or by agreement; (v) in correspondence (including attachments and
enclosures) relating to this litigation; (vi) in submissions to or before the Court, including
testimony, briefs, exhibits and declarations; (vii) in response to any Order of the Court; and
(viii) in connection with any mediation or settlement negotiation. This Protective Order shall
also govern the handling of documents, and all other forms of recorded information,
3

containing or derived from the information in any Confidential Information. This Protective
Order also shall govern any oral or written conveyance of the contents of Confidential
Information. This Protective Order also shall apply to (i) Confidential Information
inadvertently or unintentionally produced without designation consistent with the provisions
set forth in Paragraph 11 and (ii) inadvertently or unintentionally produced privileged
information consistent with the provisions set forth in Paragraph 12.

(b)

This Protective Order has no effect upon, and shall not apply to, (i) any

Producing Party's use of its own Confidential Information for any purpose; (ii) any person
or Party's use of documents or other information developed or obtained independently of
discovery in this litigation for any purpose, whether or not such documents or other
information also were produced in this litigation; (iii) information that is or becomes part of
the public domain through no breach of the provisions of this Protective Order; or (iv)
information that is disclosed by a party without restriction as to disclosure, provided such
party has the right to make the disclosure.

3.

Designations.

Each party that produces or discloses any materials, answers to interrogatories,
responses to requests for admission, trial testimony, deposition testimony, and transcripts of
trial testimony and depositions, or information that the Producing Party believes should
be subject to this Protective Order may designate the same as "CONFIDENTIAL."

(a)

"CONFIDENTIAL".

Any

party

may

designate

information as

"CONFIDENTIAL" only if, in the good faith belief of such party and its counsel, the party
has not already made the information publicly known and the unrestricted disclosure of such
information could be potentially prejudicial to the business or operations of such party.
4

(b)

In the event that additional designations for Confidential Information are

needed, the Parties agree that this Protective Order may be modified to incorporate any such
needed additional designations. The scope of any such additional designations, and the
associated restrictions on access to information subject to any such additional designations,
will be agreed upon by the Parties as needed in accordance with Paragraph 17.

4.

Designation of Confidential Information.

The designation of any information as Confidential Information for purposes of this
Protective Order shall be made in the following manner:

(a)

Hard Copy/Written Material. With regard to any hard copy/written

material (including transcripts of depositions or other testimony and discovery requests and
responses), a legend containing "CONFIDENTIAL" shall be affixed to each page containing
Confidential Information.

(b)

Electronically-Stored Information. With regard to any electronically- stored

information produced, a legend "CONFIDENTIAL" shall be included on each image, page,
or document containing any Confidential Information to the extent practicable. Where it is
not practicable to include a legend on each image, page or document, an appropriate legend
shall be affixed to the CD or other media on which the Producing Party produces the
electronically-stored information. Any printout made from the CD or other media shall be
immediately and conspicuously marked "CONFIDENTIAL" consistent with the legend
affixed to the CD or other media, and also with a unique page identifier.

(c)

Materials, Things, and Premises Produced for Inspection. When files and

records are produced for inspection, no legend need be affixed in advance of the inspection.
5

For purposes of the initial inspection, all Produced Material shall be considered
designated as "CONFIDENTIAL." Thereafter, upon a selection of specified documents for
copying by the inspecting Party, a legend in the form set forth in Paragraph 4(a) shall be
affixed to each page containing Confidential Information.

(d)

Deposition Procedures. Whenever a deposition taken on behalf of any

party involves a disclosure of Confidential Information of any Party:

(i) Deposition transcripts or portions thereof shall be designated as
containing Confidential Information subject to the provisions of this Protective Order; such
designation shall be made on the record wherever possible, but a Producing Party may
designate portions of depositions as containing Confidential Information after transcription
of the proceedings; a Producing Party shall have until thirty (30) days after receipt of the
deposition transcript to inform the other Party or Parties to the action of the portions of the
transcript designated "CONFIDENTIAL"; until thirty (30) days after the Producing Party's
receipt of the deposition transcript, the transcript shall be treated as "CONFIDENTIAL"
pursuant to the provisions of this Protective Order;

(ii)

The Producing Party shall have the right to exclude from attendance at

said deposition, during such time as the Confidential Information is to be disclosed, any
person other than the deponent, Outside Counsel, the court reporter, and Outside Consultants
who are permitted access to the Confidential Information by this Protective Order; and

(iii)

The originals of said deposition transcripts and all copies thereof shall

bear the legend "CONFIDENTIAL" and the original or any copy ultimately presented to a
court for filing shall not be filed unless it can be accomplished under seal, identified as being

6

subject to this Protective Order, and protected from being opened except by order of this Court.

5.

Challenges to Designations of Confidential Information.

At any stage of these proceedings, any party may object to a designation of the
materials as Confidential Information. The party objecting to confidentiality shall notify, in
writing, counsel for the Producing Party of the objected-to materials and the grounds for the
objection. If the dispute is not resolved consensually within five (5) business days of receipt
of such a notice of objections, the objecting party may move the Court for a ruling on
the objection. The objecting party shall have the burden to show that the designation of
materials as Confidential Information is not appropriate. The materials at issue shall be
treated as Confidential Information, as designated by the Producing Party, until the Court
has ruled on the objection or the matter has been otherwise resolved.

6.

Disclosure and Use of Confidential Information.

Confidential Information shall be used solely for the purpose of this litigation and not
for any other purpose and disclosed only to those persons identified in this Paragraph.

(a)

"CONFIDENTIAL". Information designated "CONFIDENTIAL" shall be

viewed only by Outside Counsel of the receiving Party, by Outside Consultants (pursuant
to the terms of Paragraph 7), and by the additional individuals listed below:

(i)

Employees or executives of the Parties (including necessary

secretarial staff) who participate in decisions with reference to this action, and who
executed the Acknowledgment and Agreement to Be Bound attached hereto as Exhibit A;

7

(ii)

Attorneys or members of the legal staff of the Parties involved in

this action, including those defined herein as In-house Counsel;

(iii) Litigation vendors retained for the purpose of outside photocopying,
imaging, database, graphics, translation, and design services retained by the Outside
Counsel, to the extent necessary to assist such counsel in this litigation, a representative of
which has signed the Acknowledgment and Agreement to Be Bound attached hereto as
Exhibit A;

(iv)

Stenographic and videotape court reporters engaged in proceedings

incident to preparation for deposition or trial;

(v)

Court personnel involved with this litigation; and Stenographic and

clerical employees associated with the individuals identified above;

(vi)

Any designated arbitrator or mediator who is assigned to hear this

matter, or who has been selected by the Parties, and his or her staff, who have signed the
undertaking attached hereto as Exhibit A; and

(vii)

Professional jury or trial consultants and their staff retained in

connection with this litigation, a representative of which has signed the undertaking attached
hereto as Exhibit A, and mock jurors retained by such consultants to assist them in their
work.

(b)

Drafters and

Recipients.

With Respect to material designated

"CONFIDENTIAL," any person indicated on the face of the document to be its originator,

8

author, a recipient of a copy thereof, or shown to previously have had access to the
document may be shown the same.

(c) Custody of Produced Materials. All information which has been designated as
"CONFIDENTIAL" by the Producing Party, and any and all reproductions thereof, shall be
retained in the custody of the Outside Counsel for the receiving Party identified in Paragraph
1, except that Outside Consultants authorized to view such information under the terms of
this Protective Order may retain custody of copies such as are necessary for their
participation in this litigation.

7.

Access by Outside Consultants.

(a) All proposed Outside Consultants may receive Confidential Information only
after the following conditions have been satisfied: (i) the proposed recipient has executed
the Acknowledgment and Agreement to Be Bound attached hereto as Exhibit A; (ii) notice
has been served on the Producing Party that the receiving party intends to produce
Confidential Information of the Producing Party to the Outside Consultant; and (iii) the
Producing Party has approved the recipient pursuant to Paragraph 7(b) or the Court has ruled
on an application that the proposed recipient may receive the Confidential Information. To
the extent that the specific identification of an Outside Consultant's client cannot be
provided due to a confidentiality agreement, or otherwise, the Party seeking to make the
disclosure may raise this matter with the Court and request an Order restricting such person's
access to the Confidential Information; failure of the objecting Party to raise the matter with
the Court within the timeframe set forth in Section 7(b) below shall be deemed approval, and
the person(s) shall thereafter be qualified to have access to the Confidential Information of
the Producing Party.

9

(b)

The Producing Party shall have ten (10) calendar days after notice complying

with the requirements of Paragraph 7(a) is received to object to the disclosure of the
Produced Material to the person(s) identified. Service after 5:00 p.m. local time of counsel
for the Producing Party shall be deemed effective the following day. Any objection
shall be made in good faith, stating with particularity the reasons for the objection, and must
be served in writing on all Parties; failure to object within the period referenced above shall
be deemed approval, and the person(s) shall thereafter be qualified to have access to the
Confidential Information of the Producing Party. Should the Parties be unable to resolve
any objection, then the Party objecting to the disclosure may raise this matter with the Court
and request an Order restricting such person's access to the Confidential Information.

(c)

The administrative and clerical staff of an Outside Consultant identified

pursuant to Paragraph 7 shall be deemed to have signed the Acknowledgment and
Agreement to Be Bound in the form of Exhibit A when the Outside Consultant supervising
such individuals has executed the undertaking.

8.

Filing Restricted Documents.

Without written permission from the Producing Party or a court order secured after
appropriate notice to all interested persons, a Party may not file in the public record in this
action any Produced Material or other documents designated as Confidential Information.
A Party that seeks to file any document containing or constituting any Protected Material
must file the document as a "Restricted Document."

9.

Maintenance of Confidential Information.

10

All Confidential Information shall be held in confidence by those inspecting or
receiving it, and shall be used only for purposes of this action. Counsel for each Party, and
each person receiving Confidential Information, shall take reasonable precautions to prevent
the unauthorized or inadvertent disclosure of such information.

10.

Unauthorized Disclosure.

(a)

If Confidential Information is disclosed to any person other than in a manner

authorized by this Protective Order (an "Unauthorized Person"), the Party responsible for
the unauthorized disclosure, and any Party with knowledge of the unauthorized disclosure
shall, immediately upon learning of such disclosure, inform the Producing Party of all
pertinent facts relating to such disclosure including, without limitation, the identification of
the Confidential Information disclosed and the Unauthorized Persons to whom the
disclosure was made.

(b)

The Party responsible for the unauthorized disclosure shall also promptly take

all reasonable measures to recover the Confidential Information disclosed without
authorization and to ensure that no further or greater unauthorized disclosure or use of such
Confidential Information is made by doing the following, without limitation, (i) promptly
informing the Unauthorized Person that the disclosed information contains Confidential
Information and of the provisions of this Protective Order; (ii) requesting that the
Unauthorized Person sign an Acknowledgment and Agreement to Be Bound in the form
attached as Exhibit A (to be promptly provided to the Producing Party); and (iii) retrieving
all copies of Confidential Information disclosed to the Unauthorized Person. The Producing
Party and party that disclosed the Confidential Information shall cooperate in good faith in
this effort.

11

(c)

Any person found to have made an impermissible use of any Confidential

Information will be subject to, without limitation, appropriate civil penalties, including
contempt of court.

(d)

No Party shall be responsible to another party for disclosure of Confidential

Information under this Protective Order if the information in question is not labeled or
otherwise identified as such in accordance with this Protective Order.

11.

Inadvertent Disclosure of Confidential Information.

An inadvertent failure to designate qualified information, documents, or things as
"CONFIDENTIAL" does not, standing alone, waive the Producing Party's right to secure
protection under this Order for such material. Upon discovery of an inadvertent failure to
designate, the Producing Party may given written notice to the receiving Party that the
document or thing produced is deemed Confidential Information, and that the document or
thing produced should be treated as such in accordance with that designation under this
Protective Order. Upon receipt of such notice, the receiving Party must make reasonable
efforts to assure that the material is treated in accordance with the terms of this Order,
subject to the right to challenge the propriety of such designation(s). If the receiving Party
has disclosed the materials before receiving the designation, the receiving Party must notify
the Producing Party in writing of each such disclosure. The Producing Party shall provide
substitute copies of documents bearing the inadvertently omitted confidentiality
designation.

12

12.

Inadvertent Disclosure of Privileged or Protected Information.

Subject to the provisions of Federal Rule of Evidence 502, inspection or production
of documents (including physical objects) shall not constitute a waiver of the attorney-client
privilege, work-product privilege, or any other applicable privilege or immunity, if, after the
Producing Party becomes aware of any such disclosure, the Producing Party designates any
such documents as within the attorney-client privilege, work product privilege or any other
applicable privilege or immunity, and requests in writing return of such documents to the
Producing Party. Upon request by the Producing Party, the receiving Party shall
immediately undertake to gather the original and all copies of the document(s), tangible
thing(s), or information and shall immediately return or destroy the original and all such
copies to the Producing Party, and shall provide the Producing Party with written
certification that all copies of the document(s) have been returned or destroyed. The return
or destruction of such document(s), tangible thing(s), or information to the Producing Party
shall not preclude the receiving Party from later moving to compel production of the
returned document(s), tangible thing(s), or information; provided, however, that such
challenge shall not assert as a ground for challenge the fact of the initial production or
inspection of the documents later designated as attorney-client privileged, work product, or
subject to another applicable privilege or immunity.

13.

Termination of Access.

(a)

In the event that any person or Party ceases to be engaged in the conduct of this

litigation, such person's or Party's access to any and all Confidential Information shall be
terminated. In addition, all copies of Confidential Information shall be returned or destroyed
consistent with the procedure in Paragraph 14 as soon as practicable, and no later than

13

forty-five (45) calendar days, after such person or Party ceases to be engaged in the conduct
of this litigation.

(b)

The provisions of this Protective Order shall remain in full force and effect as

to any person or Party who previously had access to any Confidential Information, except
as may be specifically ordered by the Court or consented to by the Producing
Party.

14.

Termination of Litigation.

(a)

Within sixty (60) days of final termination of this action, including any and all

appeals, counsel for each Party shall certify to the other Parties that counsel and the Party
that counsel represents have destroyed or returned all Confidential Information to the party
that produced the information (including any copies, excerpts, and summaries thereof and
has purged all such information from all machine-readable media on which it resides),
except that Outside Counsel of the receiving party may retain one archival copy of each such
document, subject to the terms and conditions of this Order, to maintain a complete file of
the litigation. Further, attorney work product materials that contain Confidential Information
need not be destroyed, but, if they are not destroyed, the person in possession of the attorney
work product will continue to be bound by this Protective Order with respect to all such
retained information.

(b)

This Protective Order shall survive the termination of this action and the Court

shall retain jurisdiction to enforce its terms and to make such amendments and modifications
to this Protective Order as may be appropriate. Notwithstanding the foregoing, a Party may
seek the written permission of the Producing Party or further order of the Court with respect
to dissolution or modification of this Protective Order.
14

15.

Limitations on Scope of Protective Order.

(a)

The restrictions and obligations set forth herein shall not apply to, (i) any

Producing Party's use of its own Confidential Information for any purpose; (ii) any person
or Party's use of documents or other information developed or obtained independently of
discovery in this litigation for any purpose, whether or not such documents or other
information also were produced in this litigation; (iii) information that is or becomes part of
the public domain through no breach of the provisions of this Protective Order; or (iv)
information that is disclosed by a party without restriction as to disclosure, provided such
party has the right to make the disclosure.

(b)

The restrictions and obligations herein shall not be deemed to prohibit

discussions of any Confidential Information with anyone if that person already has
or obtains legitimate possession thereof.

(c)

Nothing herein shall be construed to prevent disclosure of Confidential

Information if such disclosure is required by law or by order of the Court.

(d)

Nothing herein is intended to prohibit or restrict in any way a party's or its

counsel's use or distribution of its own information.

(e)

This Protective Order shall be without prejudice to the right of any party to

oppose production of any information for lack of relevance or any other ground other than
the mere presence of Confidential Information. The existence of this Protective Order shall
not be used by any party as a basis for discovery that is otherwise not proper under the
Federal Rules of Civil Procedure.

15

(f)

Nothing in this Protective Order shall bar counsel from rendering advice

to their clients with respect to this litigation and, in the course thereof, relying upon any
information designated as Confidential Information.

(g) Nothing herein shall prejudice the right of any party to object to the production
of any discovery material on the grounds that the material is protected as privileged or as
attorney work product.

(h)

Testifying experts' draft reports, notes, and outlines of draft reports shall not

be subject to discovery in this case, nor shall any such drafts, notes or outlines of draft
reports that the testifying expert prepared in other cases be subject to discovery in this
case.

(i)

Discovery of materials provided to testifying experts shall be limited to those

materials, facts, consulting expert opinions, and other matters actually relied upon by the
testifying expert in forming his or her final report, trial or deposition testimony, or any
opinion in this case. No discovery can be taken from any consulting expert who does not
testify, except to the extent that consulting expert has provided information, opinions or
other materials to a testifying expert, who then relies upon such information, opinions or
other materials in forming his or her final report, trial or deposition testimony or any opinion
in this case.

(j)

No conversations or communications between Outside Counsel and any

testifying or consulting expert will be subject to discovery unless the conversations
or communications are relied upon by such experts in formulating opinions that are
presented in reports, trial or deposition testimony in this case. Materials, communications
(including email) and other information exempt from discovery under the foregoing
16

Subparagraphs 15(a) to 15(j) shall be treated as attorney-work product for the purposes of
this litigation and Protective Order.

16.

Notice.

Transmission by e-mail or facsimile is acceptable for all notification purposes
herein.

17.

Modification of Protective Order.

(a)

The Parties may agree to amend this Protective Order in the event that

modifications become necessary during the course of the litigation. Any proposed
modification requires the agreement of all Parties, and any of the Parties may move the
Court to modify the Protective Order if an agreement on proposed modifications cannot be
reached among all Parties.

(b)

The Court may modify the terms and conditions of this Protective Order for

good cause, or in the interest of justice, or on its own order at any time in these proceedings.
The Parties prefer that the Court provide them with notice of the Court's intent to modify the
Protective Order and the content of those modifications, prior to entry of such an order.

18.

Jurisdiction of the Court.

The Parties, all persons subject to discovery in these proceedings, and all persons who
receive Confidential Information pursuant to this Protective Order, consent to and shall be
subject to the jurisdiction of this Court in any proceeding relating to performance under,
compliance with, or violation of this Protective Order. The Court hereby retains jurisdiction
17

to interpret and enforce this Protective Order during the pendency of this action and
following dismissal, if any, and further retains jurisdiction to modify, amend or make
additions to this Protective Order as it may from time to time deem appropriate.

19.

Procedure for Contact of Defendants’ Clients.

(a)

Plaintiff may contact any of Defendants’ clients or potential clients which were

identified from the Continuum forensic examination as having received solicitation
information from the Defendants which included the word “Kiewit.”

(b)

Defendants shall provide Plaintiff with a listing of businesses or entities that

purchased a business valuation, appraisal, or business profile from Defendants since January
1, 2008. Plaintiff shall identify any businesses on that list that are primarily engaged in the
construction and/or mining business.

(c).

Plaintiff may contact any of the businesses identified by the Plaintiff as

engaged primarily in the construction and/or mining business and that have paid Defendants
for a business valuation, appraisal, or profile.

(d).

Before contacting any specific business(es), the Plaintiff shall notify the

Defendants of its intent to contact the business regarding the matters in this lawsuit. If
Defendants have a record of which individual or individuals they corresponded with at the
target businesses, Defendants shall provide, in writing, the contact information to Plaintiff
within one week of receiving the Plaintiff’s notice.

(e)

To the extent possible, Plaintiff shall initiate contact with the individual or

individuals at the target businesses which Defendants identified as the contact person. If
18

Defendant is unable to identify a specific contact person, Plaintiff may contact the president
or owner (past and/or present) of the company or entity.

(f)

Plaintiff shall treat any and all information regarding Defendants’ former and

current clients as Confidential Information. The treatment and use of any such information
will be governed by the terms of this Protective Order.

DATED this 18th day of May, 2012.

BY THE COURT:

s/ Cheryl R. Zwart
United States Magistrate Judge

19

EXHIBIT A
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
I,____________________________[print or type full name], declare under penalty
of perjury that I have read in its entirety and understand the Protective Order that was issued
by the United States District Court for the District of Nebraska in the case of Peter Kiewit
Sons', Inc. v. Wall Street Equity Group, Inc. et al., Case No. 10-CV-365-LSC- CRZ. I agree
to comply with and to be bound by all the terms of this Protective Order and I understand
and acknowledge that failure to so comply could expose me to sanctions and punishment in
the nature of contempt. I solemnly promise that I will not disclose in any manner any
information or item that is subject to this Protective Order to any person or entity except in
strict compliance with the provisions of this Order.

I further agree to submit to the jurisdiction of the United States District Court for the
District of Nebraska for the purpose of enforcing the terms of this Protective Order, even if
such enforcement proceedings occur after termination of this action.
I hereby appoint______________________________________[print or type full name] of
_________________________________________________________________[print or
type full address and telephone number] as my Nebraska agent for service of process in
connection with this action or any proceedings related to enforcement of this Protective
Order.
Date:_______________________________________
City and State where sworn and signed:_______________________________________
Printed name:____________________________________________
Signature: _____________________________________________

20