Owens v. Slattery et al

Filing 46

STIPULATED PROTECTIVE ORDER - The Court, being fully advised, finds that the stipulation 43 should be accepted. Defendant shall produce the materials requested, as noted above, under the following guides and restrictions. Ordered by Magistrate Judge F.A. Gossett. (TEL)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
OTHA OWENS, JR.
Plaintiff/Counterclaim Defendant,
vs.
TAMMY SUSKI, Personal
Representative of the Estate of John D.
Conder, and DOHRN TRANSFER
COMPANY, an Illinois corporation,
Defendants/Counterclaimants.

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CASE NO. 8:11cv142

STIPULATED PROTECTIVE ORDER

This matter is before the Court upon the stipulation of the parties for a protective order as
to materials sought by Plaintiff from Defendant via discovery. (Filing 43.) The Court, being
fully advised, finds that the stipulation should be accepted and finds as follows:
1.

Plaintiff has requested, via Interrogatory No. 28, certain J.J. Keller Training

Guides which are training videos shown to decedent John Conder as part of his work with
Defendant.
2.

Defendant has expressed reservation as to producing these videos in that the same

were purchased by Defendant and contain explicit, open and obvious copyright claims and
protections by the manufacture and distributor. Defendant could be in violation of the United
States Copyright laws if in fact it would provide these videos or a copy of these videos to the
Plaintiff.
3.

In order to resolve the dispute and produce the videos for purposes of this

litigation and this litigation only, the parties have stipulated to the entry of a protective order and
the Court hereby accepts that stipulation.
IT IS ORDERED that Defendant shall produce the materials requested, as noted above,
under the following guides and restrictions:
a.

The production and dissemination of the requested videos may be highly
prejudicial, confidential and privileged and protected by copyright laws and such
information should be maintained as confidential by all parties and counsel;

b.

The parties shall keep any videos responsive to the above request secure and
private and prohibit the use or disclosure of the same for any purpose other than
the above-captioned litigation;

c.

The parties shall not distribute such videos to any third persons other than legal
counsel and any retained experts who may need such information in order to
render opinions with regard to this captioned case only;

d.

The parties shall return to Defendant the subject videos (including all copies made
thereof) at the end of this litigation.
DATED March 8, 2012.
BY THE COURT:
S/ F.A. Gossett
United States Magistrate Judge

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