Furr v. Cellco Partnership et al

Filing 18

STIPULATED PROTECTIVE ORDER adopting 15 Joint Stipulation. Ordered by Senior Judge Lyle E. Strom. (JAB)

.

UNITED STATES DISTRICT COURT
DISTRICT OF NEBRASKA
STEPHEN FURR, JR.,
Plaintiff,
Court File No.: 8:11-cv-00251
v.
CELLCO PARTNERSHIP, d/b/a VERIZON
WIRELESS and WWC LICENSE LLC, d/b/a
STIPULATED PROTECTIVE ORDER
VERIZON WIRELESS,
Defendants.

The parties, through their undersigned counsel, pursuant to Rule 26(c) of the
Federal Rules of Civil Procedure, stipulate and agree to the entry of the following order:
1.

As used in this Protective Order, these terms have the following meanings:
“Attorneys” means counsel of record;
“Confidential” documents are documents designated pursuant to paragraph 2;
“Documents” are all materials within the scope of Fed. R. Civ. P. 34;
“Outside Vendors” means messenger, copy, coding, and other clerical-services

vendors not employed by a party or its Attorneys; and
2.

A Party may designate a document “Confidential,” to protect information within

the scope of Fed. R. Civ. P. 26(c).
3.

All Confidential documents, along with the information contained in the

documents, shall be used solely for the purpose of this action, and no person receiving
such documents shall, directly or indirectly, use, transfer, disclose, or communicate in any

way the documents or their contents to any person other than those specified in
paragraph. Any other use is prohibited.
4.

Access to any Confidential document shall be limited to:
(a)

the Court and its staff;

(b)

Attorneys, their law firms, and their Outside Vendors;

(c)

persons shown on the face of the document to have authored or
received it;

(d)

court reporters retained to transcribe testimony;

(e)

the parties;

(f)

outside independent persons (i.e., persons not currently or formerly
employed by, consulting with, or otherwise associated with any
party) who are retained by a party or its Attorneys to provide
assistance as mock jurors or focus group members or the like, or to
furnish technical or expert services, and/or to give testimony in this
action.

5.

Third parties producing documents in the course of this action may also designate

documents as “Confidential”, subject to the same protections and constraints as the
parties to the action. A copy of the Protective Order shall be served along with any
subpoena served in connection with this action. All documents produced by such third
parties shall be treated as “Confidential” for a period of 14 days from the date of their
production, and during that period any party may designate such documents as
“Confidential” pursuant to the terms of the Protective Order.
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6.

All depositions or portions of depositions taken in this action that contain

confidential information may be designated “Confidential” and thereby obtain the
protections accorded other “Confidential” documents. Confidentiality designations for
depositions shall be made either on the record or by written notice to the other party
within 14 days of receipt of the transcript. Unless otherwise agreed, depositions shall be
treated as “Confidential” during the 14-day period following receipt of the transcript. The
deposition of any witness (or any portion of such deposition) that encompasses
Confidential information shall be taken only in the presence of persons who are qualified
to have access to such information.
7.

Any party who inadvertently fails to identify documents as “Confidential” shall,

promptly upon discovery of its oversight, provide written notice of the error and
substitute appropriately-designated documents.

Any party receiving such improperly-

designated documents shall retrieve such documents from persons not entitled to receive
those documents and, upon receipt of the substitute documents, shall return or destroy the
improperly-designated documents.
8.

If a party files a document containing Confidential information with the Court, it

shall do so in compliance with the Electronic Case Filing Procedures for the District of
Nebraska. Prior to disclosure at trial or a hearing of materials or information designated
“Confidential”, the parties may seek further protections against public disclosure from the
Court.
9.

Any party may request a change in the designation of any information designated

“Confidential”. Any such document shall be treated as designated until the change is
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completed. If the requested change in designation is not agreed to, the party seeking the
change may move the Court for appropriate relief, providing notice to any third party
whose designation of produced documents as “Confidential” in the action may be
affected. The party asserting that the material is Confidential shall have the burden of
proving that the information in question is within the scope of protection afforded by Fed.
R. Civ. P. 26(c).
10.

Within 60 days of the termination of this action, including any appeals, each party

shall either destroy or return to the opposing party all documents designated by the
opposing party as “Confidential”, and all copies of such documents, and shall destroy all
extracts and/or data taken from such documents. Each party shall provide a certification
as to such return or destruction within the 60-day period. However, Attorneys shall be
entitled to retain a set of all documents filed with the Court and all correspondence
generated in connection with the action.
11.

Any party may apply to the Court for a modification of the Protective Order, and

nothing in this Protective Order shall be construed to prevent a party from seeking such
further provisions enhancing or limiting confidentiality as may be appropriate.
12.

No action taken in accordance with the Protective Order shall be construed as a

waiver of any claim or defense in the action or of any position as to discoverability or
admissibility of evidence.
13.

The obligations imposed by the Protective Order shall survive the termination of

this action.

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Dated: October 18, 2011

SHIFFERMILLER LAW OFFICE, P.C.,
L.L.O.

By: s/Joy A. Shiffermiller
Joy A. Shiffermiller
1002 G Street
Lincoln, NE 68508
Phone: [phone]
Fax: [phone]
[e-mail]
ATTORNEY FOR PLAINTIFF

BRIGGS & MORGAN, P.A.

Dated: October 20, 2011

By: s/Steven W. Wilson
Steven W. Wilson
Ellen A. Brinkman
80 South Eighth Street, Suite 2200
Minneapolis, MN 55402
[phone] (phone)
[phone] (fax)
[e-mail]
[e-mail]
and
CROSBY GUENZEL LLP
Steven G. Seglin
134 South 13th Street, Suite 400
Lincoln, NE 68508
[phone] (phone)
[phone] (fax)
[e-mail]
ATTORNEYS FOR DEFENDANTS

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IT IS SO ORDERED.
/s/ Lyle E. Strom
Dated: October 26, 2011
LYLE E. STROM, Senior Judge
United States District Court

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