American Home Assurance Company et al v. Greater Omaha Packing Company Inc.

Filing 76

STIPULATED PROTECTIVE ORDER. Ordered by Senior Judge Lyle E. Strom. (TEL)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
AMERICAN HOME ASSURANCE
COMPANY and CARGILL MEAT
SOLUTIONS CORPORATION,
Plaintiffs,
vs.
GREATER OMAHA PACKING
COMPANY, INC.,
Defendant.

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Case No. 8:11-CV-00270

STIPULATED
PROTECTIVE ORDER

THIS MATTER came before the Court upon the stipulation for entry of this
Protective Order as evidenced by the parties' signatures below. The Court, being duly
advised of the premises herein, finds that in order to expedite the flow of discovery
material, facilitate the prompt resolution of disputes over confidentiality, and adequately
protect material to be kept confidential, IT IS HEREBY ORDERED as follows:
1.

Documents or information have been and may be requested, produced, or

used as an exhibit in this matter, which contain valuable trade secrets, confidential
materials, and other proprietary information (hereafter, "Confidential Information").
2.

To protect such Confidential Information, the parties may designate as

"Confidential" any document(s) produced, or information provided, in response to a
discovery request. The designation shall be completed in one of the following manners:
a. By imprinting the word "Confidential" on the front of the document or
on the label or cover for any compact disc or flash drive containing
Confidential Information;
b. By imprinting the word "Confidential" next to or above any answer to
any written discovery response;
c. With respect to deposition transcripts and videos, by making
arrangements with the attending court reporter to label such transcripts
and videos as "Confidential."

3.

All documents and information designated as "Confidential" shall be used

only for the purpose of this litigation and not for any other purposes whatsoever. In
addition, such documents and information shall be furnished and handled solely in
accordance with this Protective Order or subsequent order of the Court.
4.

All documents and information designated as "Confidential" (including, but

not limited to, any information or testimony discussing, derived from, or referring to such
documents or information), shall not be communicated, disclosed, or produced in any
manner, either directly or indirectly, to anyone other than:
a. The attorneys of record in this case and their office employees;
b. The parties in this case, including their officers and employees, who
have a need to know for purposes of this litigation;
c. Outside consulting and retained experts who have, prior to the
disclosure of any documents or information marked as "Confidential,"
agreed to be bound by the terms of this Protective Order by executing
the Nondisclosure Agreement attached hereto as Exhibit "A";
d. Any fact witness who has, prior to the disclosure of such documents or
information marked as "Confidential," agreed to be bound by the terms
of this Protective Order by executing the Nondisclosure Agreement
attached hereto as Exhibit "A";
e. This Court, its personnel, and any court reporters;
f. Professional vendors to whom disclosure is reasonably necessary;
g. The author or original source of the documents or information;
h. Any person or entity who the party producing the documents and
information has specifically agreed in writing may review such
documents and information; and
i.

Any person or entity who the Court has specifically approved after a
notice and hearing.

5.

Any person or entity who is authorized under the terms of this Protective

Order to review any information or documents designated as "Confidential" (including,
but not limited to, any information or testimony discussing, derived from, or referring to
such documents or information) is hereby enjoined and prohibited from disclosing the
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same to any other person or entity who is not authorized under this Protective Order to
review such documents and information.
6.

To ensure compliance with the terms of Paragraphs 4(c) and (d) of this

Order, any party who retains or consults with an outside expert shall keep a copy of the
Nondisclosure Agreement executed by the expert.
7.

Any person who is authorized to review any documents or information

designated as "Confidential" shall hold such information in the strictest confidence and
not divulge the information, either verbally or in writing, to any other person or entity
unless so authorized by the designating party or by an Order of this Court.
8.

There shall be no reproduction whatsoever of any documents or

information designated as "Confidential," except that, as required in the course of this
litigation, copies, excerpts, or summaries may be shown or given to those persons who
are authorized by this Protective Order to review such documents or information.
9.

Nothing in this Protective Order shall prevent a party from using or

presenting at trial any documents or information designated as "Confidential."
10.

Before trial, the parties' counsel shall agree upon the appropriate means

to protect any documents or information designated as "Confidential," which any party
desires to present or use at trial. If the parties' counsel cannot all reach an agreement,
then they shall apply to the Court for a resolution of the issue.
11.

Any information or documents that are designated as "Confidential"

(including, but not limited to, any information or testimony discussing, derived from, or
referring to such documents or information) and either (a) offered or received as an
exhibit or (b) disclosed in any other way (e.g., through argument or testimony) during
the trial of this lawsuit shall remain subject to the terms of this Protective Order,
notwithstanding the use or disclosure of such materials during trial.
12.

Any documents or information designated as "Confidential" that a party

files with the Court shall, until further order of the Court, be filed and maintained under
seal in accordance with FED. R. CIV. P. 5.2 and NECIVR 7.5. The filing party shall include
a notice to the Court and other parties that the document filed contains Confidential
Information subject to the provisions of this Order.

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13.

A party's receipt of any documents or information designated as

"Confidential" shall not constitute an admission or concession that such documents or
information is confidential and/or proprietary. If a party objects to the confidentiality or
proprietary of any documents or information designated as "Confidential," then that
party may motion the Court to rule on whether the documents or information are, in fact,
confidential and subject to the terms of this Protective Order. All documents and
information that are objected to as being "Confidential" shall remain confidential during
the pendency of any motion to determine whether the documents are confidential.
14.

The

parties

acknowledge

that

documents

and

information

were

exchanged between Plaintiff, Cargill Meat Solutions Corporation ("Cargill"), and
Defendant, Greater Omaha Packing Company, Inc. ("GOPAC"), pursuant to a
Protective Order that the District Court for Douglas County, Nebraska entered on
January 15, 2009 in the lawsuit of Louis J. Smith et al. v. James Harrison et al. (Doc. 4175 No. 216). All documents and information exchanged between Cargill and GOPAC
pursuant to the Douglas County Protective Order shall be considered to have been
designated as "Confidential" (regardless of whether such documents and information
were so designated) and subject to the terms of the Protective Order now being entered
in the present lawsuit.
15.

Any party who possesses documents or information that another party has

designated as "Confidential," and who receives a subpoena (or other compulsory
process) from any person or entity who is not a party to this Order, which subpoena
seeks production or other disclosure of such documents and information, shall within
three (3) days of receiving the subpoena or other process, (a) give written notice to the
attorney for the party who produced or designated such documents and information as
"Confidential"; (b) identify the materials sought; and (c) produce a copy of the subpoena
or other compulsory process to the party's attorney. The party who produced the
documents and information designated as "Confidential" may then move against the
subpoena or other process, or otherwise oppose entry of any order by a court of
competent jurisdiction compelling production of the documents and information
designated as "Confidential." If the party who produced the documents and information
designated as "Confidential" objects to or moves against the subpoena or other
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process, then the party receiving the subpoena or other process shall not produce such
documents and information until further Order of this Court or an agreement from the
party who designed the documents and information as "Confidential" that the materials
may be disclosed.
16.

Within 60 days after the final termination of this lawsuit (including any

appeals therefrom), all documents or information designated as "Confidential," including
any copies, excerpts, or summaries of such materials, shall be destroyed or returned to
the party who produced the documents or information; provided, however, that:
a. The parties shall not be required to return any exhibits, which the Court
received into evidence in this matter;
b. In no event shall counsel be obligated to turn over to opposing counsel
any items that constitute attorney work product (as defined by
applicable law); and
c. The parties' counsel shall be entitled to retain one copy of any
documents or information designated as "Confidential" as part of its
permanent litigation file and such information shall remain subject to
the terms of this Protective Order.
17.

Nothing in this Protective Order shall be deemed a waiver of any objection

or privilege that any party may claim (a) to the production of any documents,
information, or physical evidence in this case or (b) to seek an order from the Court
restricting the disclosure of any documents or information designated as "Confidential."
18.

The inadvertent failure to designate or stamp a document or information

(or any portion thereof) as "Confidential" shall in no way alter or waive the protected and
confidential nature of the document otherwise deserving of such a designation and does
not remove it from the scope of this Protective Order, provided that the party who
produces such documents and information gives notice in writing to all other parties
within thirty (30) days after becoming aware that the documents and information were
not properly designated as "Confidential." The written notice shall identify with specificity
the documents or information sought to be designated as "Confidential." In addition, the
producing party shall promptly provide a replacement copy of such documents and
information with a “Confidential” designation thereupon. The treatment of inadvertently
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produced confidential material in a manner inconsistent with this Protective Order prior
to notice of such inadvertent production is not a breach of this Protective Order.
19.

Nothing in this Protective Order shall be construed as prejudicing the right

of any party who produces documents and information designated as "Confidential" to
seek an Order or an agreement or Order providing additional confidentiality or other
protections to any such documents and information. This Protective Order, however,
shall constitute the entire agreement of the parties with respect to the matters covered
herein until such an agreement or Order is obtained (if at all).
August
DATED this 30th day of _______________, 2012.
____
BY THE COURT:
/s/ Lyle E. Strom
___________________________________
Presiding Judge
Prepared and submitted by:

Approved as to Form and Content by:

By: /s/ Michael F. Coyle
Michael F. Coyle, #18299
David J. Stubstad, #21429
Jordan W. Adam, #23723
FRASER STRYKER PC LLO
500 Energy Plaza
409 South 17 Street
Omaha, NE 68102-2663
[phone]
[e-mail]
[e-mail]
ATTORNEYS FOR DEFENDANT /
COUNTERCLAIM PLAINTIFF

By: /s/ Thomas A. Grennan
Thomas A. Grennan, #15675
GROSS & WELCH, P.C., L.L.O.
1500 Omaha Tower
2120 South 72nd Street
Omaha, NE 68124
[phone]
[e-mail]
ATTORNEY FOR AMERICAN HOME
ASSURANCE COMPANY
By: /s/ Kim J. Walker
Kim J. Walker, #23786
FAEGRE BAKER DANIELS LLP
801 Grand Avenue
Suite 3100
Des Moines, IA 50309-8002
[phone]
[e-mail]

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Kiri N. Somermeyer
FAEGRE BAKER DANIELS LLP
2200 Wells Fargo Center
90 South Seventh Street
Minneapolis, MN 55402-3901
[e-mail]
ATTORNEYS FOR CARGILL MEAT
SOLUTIONS CORPORATION
CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing Stipulated Protective Order was filed
electronically on August 30, 2012 with the United States District Court for the District of
Nebraska using the CM/ECF system, which sent notification of such filing to the
following individuals:
Thomas A. Grennan
Gross & Welch, P.C., L.L.O.
1500 Omaha Tower
2120 South 72nd Street
Omaha, NE 68124
[e-mail]

Kim J. Walker
Faegre Baker Daniels LLP
801 Grand Avenue, Ste. 3100
Des Moines, IA 50309-8002
[e-mail]
Kiri N. Somermeyer
Faegre Baker Daniels LLP
2200 Wells Fargo Center
90 South Seventh Street
Minneapolis, MN 55402-3901
[e-mail]
By: /s/ Michael F. Coyle

18595-51005/655004

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EXHIBIT "A"
NONDISCLOSURE AGREEMENT
I, _______________________, declare as follows:
1.

My address is _______________________________________________.

2.

My present employer is _______________________________________.

3.

I have received a copy of the Stipulated Protective Order (hereafter,

"Protective Order") that has been entered in the lawsuit of American Home Assurance
Company et al. v. Greater Omaha Packing Company, Inc. (Case No. 8:11-CV-00270),
which is currently pending in the United States District Court for the District of Nebraska
(hereafter, "Lawsuit").
4.

I have read and understand the terms of the Protective Order.

5.

I hereby agree to comply with all of the terms in the Protective Order.

6.

I agree to not disclose the contents of any documents or information

designated as "Confidential" (including, but not limited to, any information or testimony
discussing, derived from, or referring to such documents or information) to any other
person or entity who is not authorized under this Protective Order to review such
documents and information.
7.

I agree that I will use any documents or information designated as

"Confidential" information (including, but not limited to, any information or testimony
discussing, derived from, or referring to such documents or information) solely for the
purposes of the Lawsuit.
8.

Upon the termination of this action, or upon request, I will return all

documents and information designated as "Confidential" to the person who provided me
with such documents and/or information.
9.

I hereby submit to the jurisdiction of the United States District Court for the

District of Nebraska for the purpose of enforcing the Protective Order in the Lawsuit.
DATED this _____ day of _________________, 201___.
_____________________________________
Signature

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