Equal Employment Opportunity Commission v. GMT, LLC

Filing 38

ORDER granting 37 Motion for Protective Order. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION,
Plaintiff,
CHANDA LONG, BRITTANY BARRY,
KAYLA ROMSA, MURIEL BOWERY,
and KIMBERLY JOHNSON,
Plaintiff-Interveners,

v.
GMT, LLC d/b/a MIRACLE HILL
GOLF AND TENNIS CENTER,
Defendant.

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CIVIL ACTION NO:
8:11-CV-00336 WKU-CRZ

AGREED PROTECTIVE ORDER
On joint motion of the parties, pursuant to Fed.R.Civ.P. 26(c) and on a showing
that such an Order is needed to expedite and facilitate discovery and to prevent
unwarranted disclosure of confidential or proprietary information, the Court orders the
following:
1.
This Order shall govern confidential documents and other materials
produced and information disclosed, during the course of discovery or pretrial
procedures, by any party to this action.
2.
For the purposes of this Order, the following information may be
designated as confidential:
(A)
(B)
(C)
(D)
(E)

Health records or other Protected Health Information of Charging Party;
Financial records of any party, such as income tax returns and/or pay stubs;
Records and testimony relating to Conciliation of the underlying charge;
Confidential personnel information of Defendant’s employees or former
employees; and
Trade secrets, proprietary information and customer records of Defendant

The above documents and information shall be referred to herein as "Confidential
Information.”
3.
Any party may, in good faith, designate the information above described as
"Confidential Information" by marking the legend "Confidential" on documents produced
pursuant to discovery. Notwithstanding the absence of a “Confidential” marking, the
Parties shall treat records that clearly fall within these categories as “Confidential
Information.”
4.
Counsel for the parties shall be responsible for assuring that access to
Confidential Information shall be permitted only to:
(A)
(B)
(C)
(D)
(E)
(F)
(G)
(H)

Counsel of record, staff of counsel assisting counsel on this
litigation;
Those officers and employees of the Parties who are assisting in the
litigation;
Outside consultants or experts who are retained to assist the parties
in the litigation;
The Court, in camera, and to its staff and court reporters;
Deposition court reporters and their staff;
Actual witnesses deposed and prospective trial witnesses, to the
extent the Confidential Information may reasonably be believed to
relate to their testimony;
The Charging Party; and
Others permitted by Order of this Court.

No person having access to any Confidential Information shall disclose in any
manner its contents to any person other than those described in this paragraph. No such
disclosures shall be made for any purposes other than specified in this Order.
5.
If a Party intends to file Confidential Information of the opposing side with
the Court that Party shall provide reasonable notice to the opposing side of such intent as
soon as practicable prior to the filing. A Party to this action may, at any time, move
jointly or separately and, upon showing of compelling reason and need, request an Order
that Confidential Information filed with the Court be filed under seal to protect the
confidential nature of such material.
6.
In order to insure compliance with paragraph 4, counsel for the parties
agree that prior to disclosing any Confidential Information to any source, they will
provide such person with a copy of this Agreed Protective Order, and with the exception
of the Court, Counsel of record and Court reporters and their staff, will have such person
acknowledge in writing, using the Form attached hereto as Attachment A, that they have
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received and read a copy of this Agreed Protective Order and understand that they are
bound thereby.
7.
The parties may by mutual agreement in writing waive any of the terms of
this Order. Nothing in this Order shall prevent a party from seeking additional protection
as to information deemed confidential. Any party may apply to the Court for a ruling that
discovery material designated as confidential is not in fact entitled to confidential
treatment.
8.
The terms of the Stipulated Protective Order shall survive and remain in
full force and effect after the termination of this proceeding.
27th
July
SO ORDERED THIS ____ DAY OF _______ 2012.

______________________________________
THE HONORABLE CHERYL ZWICK
Cheryl R Zwart
UNITED STATES DISTRICT COURT MAGISTRATE
United States Magistrate Judge
APPROVED FOR ENTRY:
/s/Dayna F. Deck
Dayna F. Deck
Attorney for EEOC
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
Kansas City District Office
400 State Ave., Suite 905
Kansas City, KS 66101
913-551-5848(voice)
913-551-6957(fax)
Email: [e-mail]
Attorney for Plaintiff

/s/Julie A. Springer
Julie A. Springer
Counsel for Defendant
Weisbart Springer Hayes, LLP
212 Lavaca Street, Suite 200
Austin, TX 78701
Attorney for Defendant

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION,

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Plaintiff,
CHANDA LONG, BRITTANY BARRY,
KAYLA ROMSA, MURIEL BOWERY,
and KIMBERLY JOHNSON,
Plaintiff-Interveners,

v.
GMT, LLC d/b/a MIRACLE HILL
GOLF AND TENNIS CENTER,
Defendant.

CIVIL ACTION NO:
8:11-CV-00336 WKU-CRZ

ATTACHMENT A TO PROTECTIVE ORDER GOVERNING THE EXCHANGE
AND PROTECTION OF CONFIDENTIAL INFORMATION
I hereby certify that I have carefully read the Agreed Order Governing the
Exchange and Protection of Confidential Information in the above-captioned case and
that I fully understand the Order's terms. I recognize that I am bound by the terms of that
Order, and I agree to comply with those terms.
Dated this ____ day of___________ 20____.
Signature: __________________________
Name: _____________________________
Affiliation: _____________
Address: ___________________________
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