International Brotherhood of Electrical Workers Local Union No. 22 and National Electrical Contractors Association Nebraska Chapter Health and Welfare Plan et al v. Morrissey Electric Company et al

Filing 37

STIPULATED PROTECTIVE ORDER - Ordered by Magistrate Judge F.A. Gossett. (AOA)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
INTERNATIONAL BROTHERHOOD OF
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Case No. 8:11-cv-152
ELECTRICAL WORKERS LOCAL
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UNION NO. 22 AND NATIONAL
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ELECTRICAL CONTRACTORS
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ASSOCIATION NEBRASKA CHAPTER
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HEALTH AND WELFARE PLAN, IBEW
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LOCAL 22/NECA PENSION PLAN A,
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IBEW LOCAL 22/NECA DEFINED
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CONTRIBUTION PLAN B, OMAHA
} STIPULATED PROTECTIVE ORDER
BROTHERHOOD OF ELECTRICAL
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WORKERS LOCAL NO. 22
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VACATION-HOLIDAY TRUST FUNDI
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OMAHA ELECTRICAL JOINT
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TRAINING AND APPRENTICESHIP
TRUST FUND, NATIONAL
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ELECTRICAL BENEFIT FUND, and
JULIE FAST,
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in her representative capacity as )
a fiduciary of the Plaintiff Funds,)
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Plaintiffs,
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v.
MORRISSEY ELECTRIC COMPANY,
INC., d/b/a STARKS ELECTRIC, and
BOSS ELECTRIC, L.L.C.,
Defendants.

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}
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THIS MATTER having come before the Court upon the Motion of
the Defendant Morrissey Electric Company, Inc. for a Protective
Order, and the Court being duly advised of the premises herein,
IT IS HEREBY ORDERED as follows:
1.
Any documents produced or information provided by a
party in response to any discovery request which contains
financial or personnel information concerning any party or its
current or former employees that is not otherwise subject to
disclosure to the public shall be subject to the following
restrictions:

a.

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

b.

It 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, signed a Nondisclosure
Agreement;

(3)

The parties;

(4)

This Court and Court personnel; and

(5)

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

c.

All such financial and personnel information
shall be furnished only under the terms of this
Protective Order and shall be treated by all
persons to whom the Information is disclosed and
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.

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 Defendant or order of the Court.

e.

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

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.

2.
In the event that a party shall desire to provide
access to information or documents identified as 11 confidential II
hereunder to any person or category of persons not identified
above, it shall move this Court for an order that such a person
or category of persons may be given access to the information.
In the event that the motion is granted, such person or category
of persons may have access to the information, provided that
such person or persons have agreed in writing before such access
is given to be bound by the terms of this Protective Order, or
other conditions as the Court may order.
3.
Upon final termination of this action, including all
appeals, all confidential documents, and any other confidential
information, provided in discovery, including any copies,
excerpts, or summaries thereof that have been prepared by the
parties, their counsel, and other persons or entities retained
to assist either of the parties in this litigation, shall be
returned to disclosing counsel.
No copies shall be retained by
a non-disclosing party's counselor other individuals retained
to assist them in this litigation.
Counsel shall keep an
accurate record of all copies, excerpts or summaries of
Confidential Information made by counsel and any other person
retained to assist in this litigation. The language contained
in this paragraph shall not preclude counsel from retaining
documents constituting attorney work product as defined by
applicable law.
In the event copies of Confidential Information
provided in discovery, including any copies or excerpts or
summaries thereof, contain counsel's work product, counsel shall
obliterate its work product and return such documents to
disclosing counsel in accordance with the provisions of this
paragraph.

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DATED this ~ day of
Nebraska.

__~d!~d~v~E~~~S~~~- ,
____

2011, at Omaha,

BY THE COURT:

United S

Approv ed as to Form and Content:

~~,

BLAK & UHLIG, P.A.
753 State Avenue
New Brotherhood Building
Suite 475
KS 66101
Plaintiff

#11863
317 American Nat onal Building
8990 west Dodge Road
Omaha, NE 68114
[phone]
Attorney for Defendant Morrissey Electric

0:: ,',of'~fl

JOHNSON & MOCK
307 N. Oakland Avenue
P.O. Box 62
Oakland, NE 68045
Attorney for Boss Electric, L.L.C.

4

s Magistrate Judge