Bohac v. Kellogg Company Employees Federal Credit Union
Filing
26
CONFIDENTIALITY AGREEMENT AND STIPULATED PROTECTIVE ORDER granting the stipulated motion 25 . Ordered by Magistrate Judge F.A. Gossett. (MKR)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
LINDA BOHAC,
Plaintiff,
vs.
KELLOGG COMPANY EMPLOYEES
FEDERAL CREDIT UNION,
Defendant.
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CASE NO. 8:11CV00338
CONFIDENTIALITY AGREEMENT
AND
STIPULATED PROTECTIVE ORDER
This matter having come before the Court upon a stipulated motion for entry of
protective order (filing 25), and the Court being duly advised of the premises, finds that
the stipulated motion should be granted.
Accordingly,
IT IS ORDERED:
1.
The parties anticipate that the parties may seek information and
documents that may contain information regarding Credit Union
customers, account numbers, customer contact information, and customer
financial information, as well as other proprietary business and financial
information, and/or trade secrets (hereinafter "Confidential Information").
Any documents produced or information provided by a party in response
to any discovery request may be designated as "confidential" in the
following manner if said documents contain such Confidential Information:
a.
By imprinting the word "confidential" on the first page or cover of
any document produced;
b.
By imprinting the word "confidential" next to or above any answer to
any Interrogatory;
c.
With respect to portions of a deposition transcript, by making
arrangements with the attending court reporter to bind the
confidential portion(s) of such transcripts separately and labeling
them as "confidential;" and
d.
With respect to electronic information, by noting in a separate
writing, or in answer to any discovery request or disclosure, that
such information is designated as "confidential."
2.
All documents and information provided by a party through discovery
designated as "confidential" by imprinting the word "Confidential" on the documents
produced or by specifically referencing said document as Confidential by Bates number.
a.
They shall be used only for the purpose of this litigation and not for
any business or other purposes whatsoever.
b.
They 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, agreed in
writing to be bound by the terms of this Protective Order as
provided in subparagraph d. hereof;
(3)
The parties or their representatives;
(4)
This Court and Court personnel; and
(5)
Such other persons as the Court may specifically approve
after notice and hearing.
c.
All information designated as "Confidential Information" in whatever
format shall be furnished only under the terms of this Protective
Order and shall be treated by all persons to whom Confidential
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.
It is further ordered that this Confidential Information shall not be
further disclosed to anyone except those categories of persons
provided herein and who have signed a Nondisclosure Agreement
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and to whom disclosure is necessary for the purposes associated
with this lawsuit. Counsel of record and other persons or entities
retained to assist in this lawsuit who have signed a Nondisclosure
Agreement shall appropriately notify such persons or entities that
the disclosure is made in confidence and must be kept in
confidence in accordance with this Protective Order.
e.
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 the parties or order of the Court.
f.
No access to Confidential Information shall be provided to any
individual until the individual to be accorded access has signed a
Nondisclosure Agreement in the form attached as Exhibit "A",
attached hereto, certifying that they have read this Protective Order
and agree to be bound by its terms and such executed
Nondisclosure Agreement has been provided to counsel for plaintiff
and defendant.
g.
If any party wishes to file any Confidential Information as part of
any motion or pleading in this litigation, such party may file the
Confidential Information under seal, in redacted form as agreed to
by the parties, or as otherwise agreed to by the parties.
h.
Before trial, counsel for the parties may confer regarding the
appropriate means to protect the confidentiality of the information
that counsel desire to present to the Court or at trial. If counsel
cannot reach an agreement, they may apply to the Court for
resolution of the issue.
i.
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
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given to those persons authorized by this Protective Order to
receive such documents or information.
3.
Acceptance by a party of any information, document or thing identified as
"confidential" hereunder shall not constitute a concession that the information,
document or thing is confidential. If, subsequent to the acceptance of information or
documents identified as confidential, a party wishes to contest the other party's claim of
confidentiality, that party may serve an objection on the party claiming confidentiality.
Unless the party claiming confidentiality moves this Court for such determination within
14 days of receiving the other party’s objection, the information, document or thing
objected to shall be deemed not confidential. In the resolution of any such motion, the
burden of establishing the confidentiality of the information or document shall be on the
party who made the claim of confidentiality.
However, materials designated as
confidential shall be treated as such pending resolution of a timely filed motion by the
Court.
Nothing herein shall preclude either party from challenging in court the
confidential status of any document.
4.
In the event that a party shall desire to provide access to information or
documents identified as "confidential" hereunder to any person or category of persons
not identified above, it shall obtain an agreement from the opposing party or 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.
5.
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 destroyed or returned to disclosing counsel.
No copies shall be
retained by a non-disclosing party or other individuals retained to assist them in this
litigation, except counsel may retain copies in their files and the terms of this Order shall
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continue to apply to such copies. 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 destroy or return such
documents to disclosing counsel in accordance with the provisions of this paragraph.
DATED March 19, 2012.
BY THE COURT:
S/ F.A. Gossett
United States Magistrate Judge
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EXHIBIT A
NONDISCLOSURE AGREEMENT
I, ______________, certify that I have read the Protective Order entered in the
case of Linda Bohac v. Kellogg Company Employees Federal Credit Union. I
understand the terms of that Protective Order and I agree to be bound by its terms.
_____________________________________
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