Doe et al v. Blackshirt Investments

Filing 18

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

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JIM DOE by and through his Natural
Parents, JOHN and JANE DOE; and JUDY
DOE,
Plaintiffs,
vs.
BLACKSHIRT INVESTMENTS, INC.,
d/b/a COLD STONE CREAMERY,
Defendant.

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CASE NO. 8:12-CV-30

STIPULATED
PROTECTIVE ORDER

The Plaintiffs, Jim Doe by and through his Natural Parents, John and Jane Doe; and Judy
Doe; and the Defendant, Blackshirt Investments, Inc., d/b/a Cold Stone Creamery, hereby
stipulate to and request the entry of this Stipulated Protective Order (“Protective Order”)
concerning disclosure, use, and protection of confidential or proprietary documents and
information, including, but not limited to, commercial and/or financial information that is not
available in the public domain.
The parties hereby stipulate and IT IS ORDERED as follows:
1.

DEFINITIONS. Limitations under this Protective Order on the use or disclosure

of documents, deposition testimony or other discovery designated as "Confidential" shall apply
to (a) all information, copies, extracts and complete or partial summaries prepared or derived
from such documents or testimony; (b) portions of deposition transcripts, answers to
interrogatories, responses to requests for admissions, responses to requests for production, initial
disclosures and exhibits thereto which directly refer or directly relate to any such information,
documents, copies, extracts or summaries; and (c) portions of briefs, memoranda or any other
writing filed with the Court and exhibits thereto which directly relate to any such information,
documents, copies, extracts or summaries.1
2.

CONFIDENTIAL DOCUMENTS/INFORMATION. The parties seek to protect

from disclosure certain confidential, proprietary, personal, and sensitive information relating to
this lawsuit. Before produced documents are copied or inspected, the producing party may stamp
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If Confidential Information is filed with the court, the filing party shall comply with the requirements of NECivR
5.0.3 (Restricted Access) or 7.5 (Sealed), as appropriate.
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as "Confidential" on any document or deposition testimony containing such sensitive
information. Documents may also be designated as "Confidential" by written notice to opposing
counsel which identifies the documents so designated by Bates number. Documents designated
"Confidential," deposition testimony so designated, and information derived therefrom will be
retained by counsel and will not be used for any purpose other than this litigation and will not be
disclosed except pursuant to court order entered after notice, to anyone except:
a.

All counsel of record, retained outside counsel, in-house counsel, law clerks,

secretaries or paralegals directly involved in the conduct of this litigation, and officers of the
Parties;
b.

Experts and consultants retained by a party to this action for purposes of assisting

in the preparation or presentation of claims or defenses;
c.

Any deposition or trial witness, during the course of deposition or trial testimony,

when necessary to the testimony of such witness;
d.

Any person who was involved in the preparation of the document;

e.

The Court, Court personnel, court reporters and similar personnel;

f.

The named parties to this case, excluding their agents and/or representatives

except those identified at Paragraph 2(a) above.
g.

Any other person with the prior written consent of the party producing the

document, pleading or deposition testimony.
Prior to receiving or being shown such documents or deposition testimony, the persons
falling in the categories listed above in subparagraphs (b), (c), (d), (f) and (g) shall be shown a
copy of this Protective Order, and shall execute the attached Acknowledgement and Agreement
to be Bound, or on the record during trial or deposition, shall agree to be bound by the terms of
this Protective Order. During a deposition, any party asserting confidentiality of any of its
documents shall ask the deponent on the record to accept the terms of this Protective Order, If
the deponent refuses to assent, disclosure of the documents during deposition shall not constitute
a waiver of confidentiality. Under such circumstances, the witness shall sign the original
deposition transcript in the presence of the court reporter and no copy of the transcript or exhibits
shall be given to the deponent.
3.

DEPOSITIONS. A party that wishes to designate as confidential material any

information or testimony that is contained in a deposition transcript, shall indicate orally at the
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time of the deposition that it intends to designate all or part of the information or testimony as
confidential. Within twenty (20) days after receipt of the deposition transcript, the designating
party shall advise the other parties of the specific portions of the information or testimony it
contends are confidential, unless the parties agree to an extension of that period of time. Until
the period of time for designation has passed, or until the Court has ruled on any disputed
designations of confidentiality, the parties shall treat the designated portions of any deposition
transcripts as confidential.
4.

DOCUMENTS ALREADY PRODUCED. Within fourteen (14) days of the entry

of this Order, parties may inform the party to whom documents have been produced that it
considers certain documents already produced as being subject to this Order as "Confidential."
5.

THIRD PARTY WITNESSES. A copy of this Protective Order shall be served

with a subpoena or Notice of Deposition on each third-party deponent. Either party may
designate documents produced by a third party as being "Confidential" pursuant to the terms of
this Protective Order within fourteen (14) days of being made aware of the content of such
documents. Any document produced by a third party shall be treated as "Confidential" pursuant
to the terms of this Protective Order for such fourteen (14) day period and thereafter if
designated as "Confidential" by either party to this litigation. The "Confidential" restrictions of
this Protective Order shall no longer apply to any document produced by a third party that has
not been designated as "Confidential" by a party to this litigation within such fourteen (14) day
period.
6.

CHALLENGE TO DESIGNATION. Any party may challenge the "Confidential"

designation of any document, by moving the Court for an Order allowing disclosure. The party
challenging the "Confidential" designation of any document shall give all other parties at least
fourteen (14) days notice before filing a motion with the Court and the parties shall attempt to
resolve any disagreement before submitting it to the Court. If a party challenges the
"Confidential" designation of the document(s), the documents at issue shall continue to be
treated as "Confidential" pursuant to the terms of this Protective Order until such time as the
Court has made a ruling with respect to the motion.
7.

RETURN OF DOCUMENTS. Upon completion of the litigation all documents

and copies of the same designated "Confidential" shall be destroyed or returned to counsel for
the producing party with a signed statement reflecting the disposition. This Protective Order shall
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not terminate upon the conclusion of this action, but shall continue until the further order of the
Court or until the party claiming confidentiality has waived the same in writing.
8.

USE OF DOCUMENTS. Documents produced by any party, including, but not

limited to, "Confidential" documents, and information from any documents acquired in
discovery in this litigation shall not be used for any purpose except in connection with the
litigation pending in the United States District Court for the District of Nebraska, Case No. 8:12CV-30, styled Jim Doe, by and through his Natural Parents, John and Jane Doe; and Judy Doe,
Plaintiffs vs. Blackshirt Investments, Inc., d/b/a Cold Stone Creamery, Defendant. Nothing in
this Protective Order shall limit any party or person in its use of its own documents or from
disclosing its own documents and information. This Protective Order or production of any
documents shall not affect the admissibility of any such document or be deemed a waiver of any
objection to the admissibility of such documents.
9.

EXCEPTIONS. The restrictions embodied in this Protective Order shall be

binding on the party to whom "Confidential" information is disclosed unless and until there is a
showing that:
a.

Such information was or has become public knowledge absent a breach of this

Protective Order; or
b.

The party to whom such disclosure was made had already learned such

information from a third party who himself has not breached any confidential relationship that
may have existed or exists between such third party and the party making the disclosure.
10.

INADVERTENT DISCLOSURE. The inadvertent disclosure of any document

that is subject to a legitimate claim that the document should have been withheld from disclosure
as material protected by the Attorney-Client Privilege, Work Product Doctrine, or other available
privilege or protective doctrine, the producing party shall NOT waive any privilege or other
applicable protective doctrine for that document or for the subject matter of the inadvertently
disclosed document if the producing party, upon becoming aware of the disclosure, promptly
requests its return and takes reasonable precautions to avoid such inadvertent disclosure
11.

NON-EXCLUSIVITY. This Order does not affect the right of a party to seek to

compel disclosure or production of a document or to seek an order modifying or limiting this
Protective Order in any aspect. The obligations and prohibitions under this Protective Order are
not exclusive. All other ethical, legal and equitable obligations are unaffected by this agreement.
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12.

WAIVER. Any waiver under this Protective Order must be made in writing or, if

at a deposition or in Court, on the record.
13.

ENFORCEMENT. Any party or person subject to the obligations and prohibitions

of this Protective Order who is determined by the Court to have violated its terms is subject to
sanctions imposed by the Court pursuant to the Federal Rules of Civil Procedure.

BLACKSHIRT INVESTMENTS, INC.,
d/b/a COLD STONE CREAMERY, Defendant
By:

/s/ Jeffrey J. Blumel
Jeffrey J. Blumel, #19011
Ryan M. Kunhart, #24692
Of Abrahams Kaslow & Cassman LLP
8712 West Dodge Road, Suite 300
Omaha, NE 68114
[e-mail]
[e-mail]
Telephone: [phone]
Attorneys for Defendant

JIM DOE, by and through his Natural Parents
JOHN and JANE DOE, and JUDY DOE, Plaintiffs
By: /s/ Robert V. Broom
Robert V. Broom, #10444
Of Broom, Clarkson, Lanphier & Yamamoto
1722 St. Mary’s Avenue
310 Flatiron Building
Omaha, NE 68102
Telephone: [phone]
[e-mail]
Attorneys for Plaintiffs

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PROTECTIVE ORDER
So ordered.
May 2
DATED: ___________________, 2012.
/s/ Lyle E. Strom
Honorable Lyle E. Strom

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ACKNOWLEDGEMENT AND AGREEMENT TO BE BOUND
I, _______________________, of _____________________, declare under penalty of
perjury that I have read in its entirety the Stipulated Protective Order or have had the Stipulated
Protective Order explained to me by Counsel for a party and understand the Stipulated Protective
Order that was issued by the United States District Court for the District of Nebraska on
__________________ in the case of Jim Doe by and through his Natural parents, John and Jane
Doe; and Judy Doe v. Blackshirt Investments, Inc., d/b/a Cold Stone Creamery, Case No.
8:12CV30. I agree to comply with and to be bound by all the terms of this Stipulated Protective
Order and I understand and acknowledge that failure to so comply could expose me to sanctions
and punishment in the nature of contempt. I promise that I will not disclose in any manner any
information or item that is subject to this Stipulated Protective Order to any person or entity
except in strict compliance with the provisions of this Order.
I further agree to submit to the jurisdiction of the United States District Court for the
District of Nebraska, for the purpose of enforcing the terms of this Stipulated Protective Order,
even if such enforcement proceedings occur after termination of this action.

Printed Name:
Signature:
Address:

Dated:

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