Corona v. Transcendent One, Inc. et al

Filing 81

STIPULATED PROTECTIVE ORDER - Upon the stipulation of the parties (filing 79 ), and the Court's acceptance of the same, IT IS ORDERED that a Protective Order is granted. Ordered by Magistrate Judge F.A. Gossett. (TCL )

UNITED STATES DISTRICT COURT
DISTRICT OF NEBRASKA
AMADOR L. CORONA,
ATTORNEY AT LAW, individually and
on behalf of all other
similarly situated persons,

)
)
)
)
)
Plaintiffs,
)
)
v.
)
)
FIRST NATIONAL BANK OF OMAHA, )
a Nebraska corporation, and
)
UNITED BANK CARD, INC.,
)
(doing business as Harbortouch),
)
a corporation.
)
)
Defendants.
)

Case No. 8:12-cv-00089

STIPULATED PROTECTIVE ORDER

Upon the stipulation of the parties (filing 79), and the Court’s acceptance of the same,
IT IS ORDERED that a Protective Order is granted and entered as follows:
1. Nondisclosure of Confidential Documents
(a)

"Document" means, without limiting its generality, any physical thing containing

information or any written, recorded, graphic or other matter, whether produced, printed,
reproduced, or stored on paper, cards, tapes, disks, belts, charges, film, computer storage devices
or any other medium, including but not limited to all documents necessary to the comprehension
or understandings of any designated document, such as a code for the computer run and
metadata, and includes but is not limited to originals, drafts, redrafts and each separate copy of
each document.
(b)

Except with prior written consent of the party designating a document to be

protected from disclosure, no document designated as CONFIDENTIAL may be disclosed to any
person or entity. A party who produces material may designate it as CONFIDENTIAL only

when the party in good faith believes it contains proprietary information, trade secrets, privileged
information, or nonpublic technical, financial, personal or business information. A document
designated

as

CONFIDENTIAL

means

any

document

which

bears

the

legend

"CONFIDENTIAL."
(c)

Except with prior written consent of the party designating a document to be

protected from disclosure, no document designated as CONFIDENTIAL - FOR ATTORNEY'S
EYES ONLY may be disclosed to any person or entity. A party who produces material may
designate it as CONFIDENTIAL - FOR ATTORNEY'S EYES ONLY only when the party in
good faith believes it contains highly sensitive proprietary information, trade secrets, privileged
information, or nonpublic technical, financial, personal or business information. A document
designated as CONFIDENTIAL - FOR ATTORNEY'S EYES ONLY means any document
which bears the legend "CONFIDENTIAL - FOR ATTORNEY'S EYES ONLY."
(d)

A party receiving from another party any document that has been designated as

CONFIDENTIAL or CONFIDENTIAL - FOR ATTORNEY'S EYES ONLY may object in
writing to the designation and must state the reasons for such objection with respect to each item.
The parties shall then meet and confer in good faith regarding the designation. If the parties are
unable to come to an agreement regarding the designation, the party challenging the designation
shall be obligated to file a motion with the Court challenging such designation.
(e)

This Stipulated Protective Order shall be without prejudice to the right of any

party to: bring before the Court at any time the question of whether any information or
documents are confidential; object to the production of any information or documents it
reasonably considers not subject to discovery or object to their use at trial; and/or apply to or

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move the Court for an order compelling production of information or documents or modifying
this Stipulated Protective Order.
2. Permissible Disclosures of Stamped Confidential Documents
Notwithstanding paragraph 1, documents designated as CONFIDENTIAL may be
disclosed to:
(a)

the parties and their legal counsel in these proceedings;

(b)

partners, associates, secretaries, paralegal assistants, and employees of such

counsel to the extent reasonably necessary to render professional services in the litigation;
(c)

persons with prior knowledge of the documents designated as CONFIDENTIAL

and confidential information contained therein;
(d)

experts who will be providing professional opinions based upon a review of the

CONFIDENTIAL information;
(e)

court officials involved in this litigation, including court reporters; and

(f)

any person designated by the Court in the interest of justice, upon such terms as

the Court may deem proper.
(g)

any other individual who has been advised of the contents of this Protective Order

and has signed a non-disclosure agreement in the form of Exhibit "A."
3. Permissible Disclosure of Stamped Confidential - For Attorney's Eyes Only
Documents
Documents designated as CONFIDENTIAL - FOR ATTORNEY'S EYES ONLY may
only be disclosed to (a) counsel for the parties; (b) partners, associates, secretaries, paralegal
assistants, and employees of such counsel, to the extent reasonably necessary to render
professional services in the litigation; and (c) court officials involved in this litigation, including

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court reporters. A party wishing to disclose documents designated as CONFIDENTIAL - FOR
ATTORNEY'S EYES ONLY to any other person or entity must first obtain prior written consent
from the producing party.
4. Securing Confidential Documents and Information
Counsel for the parties must keep all documents designated as CONFIDENTIAL and all
documents designated as CONFIDENTIAL - FOR ATTORNEY'S EYES ONLY which are
received under this Stipulated Protective Order in a secure area. Prior to receiving any document
designated as CONFIDENTIAL, Plaintiff or any person identified in Paragraph 2(d), 2(f), or 2(g)
shall be provided with a copy of this Stipulated Protective Order and agree to be bound by its
terms, and shall certify such agreement by signing a document of the form set forth as Exhibit
“A” to this Stipulated Protective Order. Such persons provided CONFIDENTIAL information
shall not duplicate or make copies and shall return all CONFIDENTIAL information to Counsel
upon termination of this litigation. Counsel making disclosure to any person described herein
shall retain the original executed copy of the certificate until final resolution of this litigation.
Prior to receiving any document designated as CONFIDENTIAL - FOR ATTORNEY'S EYES
ONLY, and after written consent to such production has been obtained from the producing party,
any person other than those identified in Paragraph 3 shall be provided with a copy of this
Stipulated Protective Order and agree to be bound by its terms, and shall certify such agreement
by signing a document of the form set forth as Exhibit “A” to this Stipulated Protective Order.
Such persons provided CONFIDENTIAL - FOR ATTORNEY'S EYES ONLY information shall
not duplicate or make copies and shall return all CONFIDENTIAL - FOR ATTORNEY'S EYES
ONLY information to Counsel upon termination of this litigation. Counsel making disclosure to

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any person described herein shall retain the original executed copy of the certificate until final
resolution of this litigation.
5. Confidential Documents and Information in Depositions
(a)

A deponent may during a deposition be shown and examined about documents

designated as CONFIDENTIAL and CONFIDENTIAL - FOR ATTORNEY'S EYES ONLY or
confidential information contained therein only if the deponent is one of the persons or entities
designated in paragraph 2 or if the provisions of paragraph 2 and/or 3, as applicable, are
complied with. Deponents shall not retain or copy portions of the transcript of their depositions
that contain confidential information not provided by them or the entities they represent. A
deponent who is not a party or a representative of a party shall be furnished a copy of this Order
before being examined or asked to produce documents potentially subject to this Order.
(b)

Parties (and deponents) may, within 30 days after receiving a deposition

transcript, designate pages of the transcript (and exhibits thereto) as CONFIDENTIAL or
CONFIDENTIAL - FOR ATTORNEY'S EYES ONLY by underlining the portions of the pages
that are confidential and marking such pages with one of the following legend, as applicable:
(i) CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER or (ii) CONFIDENTIAL - FOR
ATTORNEY'S EYES ONLY - SUBJECT TO PROTECTIVE ORDER. Until the expiration of
the 30-day period, the entire deposition will be treated as CONFIDENTIAL pursuant to this
Order. If no party or deponent timely designates information or testimony in a deposition as
CONFIDENTIAL, then none of the transcript or its exhibits will be treated as material protected
by this Order.

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6. Filing
If information or documents designated as CONFIDENTIAL or CONFIDENTIAL - FOR
ATTORNEY'S EYES ONLY are included in any pleading or other document to be filed with
the Court, they shall be labeled “CONFIDENTIAL” or "CONFIDENTIAL - FOR
ATTORNEY'S EYES ONLY" and filed under seal or otherwise submitted in accordance with
the Court’s rules. Any party claiming confidentiality with respect to the information or
documents may file a motion to seal the records.
7. Inadvertent Disclosure
(a)

If a party, through inadvertence, produces any information or documents without

labeling or marking or otherwise designating it as CONFIDENTIAL or CONFIDENTIAL - FOR
ATTORNEY'S EYES ONLY in accordance with the provisions of this Order, the producing
party may give written notice to the receiving party that the document or thing produced is
deemed confidential and should be treated as such in accordance with the provisions of this
Order. The receiving party must treat such documents and things as confidential from the date
such notice is received. Disclosure, prior to the receipt of such notice, to persons not authorized
to receive confidential information shall not be deemed to be a violation of this Order.
(b)

If a party, through inadvertence, produces any document or information that it

believes is immune from discovery pursuant to an attorney/client privilege or the work product
privilege, such production shall not be deemed a waiver of any privilege, and the producing party
may give written notice to the receiving party that the document or information produced is
deemed privileged and that return of the document or information is requested. Upon receipt of
such written notice, the receiving party shall immediately gather the original and all copies of the
document or information of which the receiving party is aware and shall immediately return the

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original and all such copies to the producing party. The return of the document(s) and/or
information to the producing party shall not preclude the receiving party from later moving the
Court to compel production of the returned documents and/or information.
8. Use
(a)

Persons or entities obtaining access to documents designated as CONFIDENTIAL

or documents designated as CONFIDENTIAL - FOR ATTORNEY'S EYES ONLY and
confidential information contained therein under this Order shall use the information only for
preparation and trial of this litigation (including appeals and retrial), and shall not use such
information

for

any

other

purpose,

including

business,

governmental,

commercial,

administrative, or judicial proceedings.
(b)

If another court, administrative agency, tribunal, person, or entity subpoenas or

orders production of information or documents designated as CONFIDENTIAL or
CONFIDENTIAL - FOR ATTORNEY'S EYES ONLY that a party has obtained pursuant to this
Order, that party shall promptly notify the producing party of the subpoena or production order.
Such notice must be provided in sufficient time to give the producing party, if possible, the
opportunity to participate in quashing, modifying, or otherwise responding to any compulsory
process in an appropriate and timely manner. Upon the filing by the producing party of a motion
to quash or for protective order, the subpoenaed party shall withhold production of documents
during the pendency of the motion, unless required by law (or court order) not to withhold
production.
9. Non-Termination
The provisions of this Order shall survive the termination of this action and continue in
full force and effect until further order of this Court. Within 60 days after final conclusion of all

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aspects of this litigation, documents designated as CONFIDENTIAL, documents designated as
CONFIDENTIAL - FOR ATTORNEY'S EYES ONLY, or documents containing confidential
information, and all copies of same, shall be returned upon written request to the party or person
that produced such documents, or, at the option of the producer, destroyed, except that counsel
may retain one copy of all such documents as part of a permanent litigation file that is otherwise
subject to the confidentiality restrictions set forth herein.
10. Modification
Nothing in this Stipulation and Protective Order shall prevent any party or other person
from seeking modification of this Stipulated Protective Order or from objecting to discovery that
it believes to be otherwise improper.
11. Matters of Public Record
This Stipulated Protective Order shall not apply to any document or materials obtained by
counsel which that counsel can demonstrate:
(a)

were already a matter of public record before its receipt by discovery; or

(b)

became a matter of public record after discovery without fault, negligence or a

violation of this Stipulated Protective Order.
IT IS SO ORDERED.
DATED May 28, 2013.

BY THE COURT:
S/ F.A. Gossett
United States Magistrate Judge

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EXHIBIT "A"
NONDISCLOSURE AGREEMENT
The undersigned, _________________________________(print or type name of person)
hereby acknowledges that he or she received a copy of the Stipulated Protective Order entered
into in the case entitled Corona v. First National Bank of Omaha, et al., has read the Stipulated
Protective Order, agrees to be bound by all the provisions thereof, and hereby submits to the
jurisdiction of the United States District Court for the District of Nebraska for the purpose of
enforcement of the terms of the Stipulated Protective Order and the punishment of violations
thereof.

Dated: __________________________
________________________________
[Signature]
________________________________
________________________________
[Address]

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