Ellis et al v. Houston et al

Filing 35

ORDER sustaining 34 Motion for Protective Order Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JARYL ELLIS, MICHAEL HUNTER,
TIFFANY JOHNSON, and PAUL
ZEIGER,

)
)
)
)
Plaintiffs,
)
)
V.
)
)
ROBERT P. HOUSTON, Director of
)
Nebraska Department of Correctional
)
Services, all in their individual
)
capacities and official capacities,
)
FRANK HOPKINS, Deputy Director of )
Nebraska Department of Correctional
)
Services, all in their individual
)
capacities and official capacities,
)
DENNIS BLAKEWELL, Warden of
)
Nebraska State Penitentiary, all in their )
individual capacities and official
)
capacities, CATHY SHEAIR, Associate )
Warden of Nebraska State Penitentiary, )
all in their individual capacities and
)
official capacities, and JOSEPH
)
STALEY, Associate Warden of
)
Nebraska State Penitentiary, all in their )
individual capacities and official
)
capacities,
)
)
Defendants.
)
)

8:10CV3222

ORDER

This matter comes before the Court on the Motion for Entry of Stipulated Protection
Order filed herein. (Filing No. 34) The Court, being fully advised in the premises, sustains
the motion and orders as follows:

1.

DEFINITIONS. Limitations under this Stipulated Protective Order on the use or

disclosure of documents and information designated as confidential shall apply to (a) all
information, copies, extracts and complete or partial summaries prepared or derived from
such documents; and (b) portions of briefs, memoranda or any other writing filed with the
Court and exhibits thereto which directly relate to any such information, documents, copies,
extracts or summaries.

2.

CONFIDENTIAL DOCUMENTS/INFORMATION. Defendants seek to protect

from disclosure certain confidential information and documents disclosed regarding this
action that pertain to personnel files and disciplinary records of Defendants' employees.
Said

documents/information

are

hereby

designated

as

confidential.

Said

documents/information will be retained by Plaintiffs' counsel and will not be used for any
purpose other than this litigation and will not be disclosed except pursuant to court order
entered after notice, to anyone except:

a.

Counsel who represent the parties to this action, employees of the Attorney
General's office or the law firm of Plaintiffs' counsel, retained outside counsel
of the parties, or any in house counsel, law clerks, secretaries or paralegals
directly involved in the this litigation;

b.

Experts and consultants retained by a party to this action for purposes of
assisting in the preparation or presentation of claims or defenses;

c.

Any trial witness, during the course of trial testimony, when necessary to the
testimony of such witness;

d.

Any person who was involved in the preparation of the document;
2

e.

f.

3.

The Court, Court personnel, court reporters and similar personnel;

and the named parties to this case.

RETURN OF DOCUMENTS. Upon completion of this litigation, all documents and

copies of the same designated as confidential shall be destroyed or returned to counsel for
Defendants with a signed statement reflecting the disposition of the documents. This Order
shall not terminate upon the conclusion of this action but shall continue until the further
order of the Court or until the party claiming confidentiality has waived the same in writing.

4.

USE OF DOCUMENTS. Said confidential documents shall not be used for any

purpose except in connection with this pending litigation.

5.

WAIVER. Any waiver under this Order must be made in writing.

6.

ENFORCEMENT. Any party or person subject to the obligations and prohibitions

of this Order who is determined by the Court to have violated its terms is subject to
sanctions imposed by the Court pursuant to the Federal Rules of Civil Procedure.

SO ORDERED this 21st day of April, 2011.

BY THE COURT:

S/ Cheryl R. Zwart
United States Magistrate Judge

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