Gilliland et al v. Harley-Davidson Motor Company Group, LLC

Filing 13

PROTECTIVE ORDER pursuant to stipulation by the parties.Ordered by Magistrate Judge Thomas D. Thalken. (ADB, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
TERRENCE N. GILLILAND, DENISE M.
GILLILAND, and LUIS S. GALLEGOS,
8:12CV384
Plaintiffs,
vs.
HARLEY-DAVIDSON MOTOR COMPANY
GROUP, LLC,

CONFIDENTIALITY AND
PROTECTIVE ORDER
PURSUANT TO STIPULATION
BY THE PARTIES

Defendant.
DEFINITIONS

PLAINTIFFS:

This term shall mean the Plaintiffs in the above-captioned matter,

Terrence N. Gilliland, Denise M. Gilliland, and Luis S. Gallegos.
PLAINTIFFS’ COUNSEL: This term shall mean the attorneys of record for the party
Plaintiffs in the above-captioned matter. In the event that the attorneys of record are
members of a firm, this phrase shall include any and all other lawyers, legal assistants
and staff who are members of, or associated with, Plaintiffs’ Counsel’s firm.
DOCUMENTS: This term is intended as a collective reference to any and all material or
other tangible things containing information produced by HARLEY-DAVIDSON MOTOR
COMPANY GROUP, LLC, in response to a pre-trial discovery request in the abovecaptioned matter.
DISCOVERY: This term shall include all “documents” or other items produced by
HARLEY-DAVIDSON MOTOR COMPANY GROUP, LLC, or any of its predecessors,
parents or subsidiaries in the above-captioned matter in response to requests for
production of documents and tangible things, deposition notices and subpoenas,
interrogatories and requests for admissions.

TERMS AND CONDITIONS
1.

HARLEY-DAVIDSON MOTOR COMPANY GROUP, LLC, in producing

discovery in this action that contains trade secret or other confidential research,
development or commercial information of a non-public nature, may designate such
discovery as CONFIDENTIAL.
2.

Documents to be designated confidential will be so designated by

stamping each page “CONFIDENTIAL.” The physical labeling of any document shall
not be done in any manner that obstructs the reading of the document or impairs the
reading of the document when duplicated by a conventional duplicating process.
3.

If Plaintiffs object to the designation of a document by HARLEY-

DAVIDSON MOTOR COMPANY GROUP, LLC as CONFIDENTIAL, they may apply to
the Court for relief, asserting that the document so designated does not justify the
imposition of restrictions concerning its use.

Plaintiffs’ application for relief shall

delineate each document which Plaintiffs contend should not be treated as
CONFIDENTIAL and the specific reasons it should not be so treated. Unless this Court
enters an Order changing the designation, the information shall be treated as
CONFIDENTIAL under the terms of this Order. In any event, Defendant HARLEYDAVIDSON MOTOR COMPANY GROUP, LLC shall allow Plaintiffs ample opportunity
to explore the basis for the claim of confidentiality.
4.

No discovery designated as CONFIDENTIAL shall be used or

communicated by any persons receiving it for any purpose whatsoever other than the
preparation of this case for trial.
5.

Any discovery designated as CONFIDENTIAL furnished by HARLEY-

DAVIDSON MOTOR COMPANY GROUP, LLC to Plaintiffs shall not be given, shown,
made available or otherwise communicated in any way by Plaintiffs, Plaintiffs’ counsel
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or Plaintiffs’ paralegal staff to anyone other than (i) outside experts and consultants,
who shall be bound by this Order not to communicate further such discovery, or (ii) the
Court if required in any further proceeding herein, except as permitted by stipulation of
the parties or any further order of the Court.
6.

No party shall disclose documents or other material designated

CONFIDENTIAL to any experts not assisting in this litigation. Disclosure shall be made
to such experts only as is reasonably necessary for the prosecution of this lawsuit and
only after the person to whom disclosure is to be made has been provided with a copy
of this Order and has agreed to be bound by it. Such expert or experts shall review this
Confidentiality Order and execute a Written Assurance attached hereto as Exhibit A
prior to reviewing documents designated as CONFIDENTIAL.
7.

In the event that counsel for any party determines to file with the Court any

material marked CONFIDENTIAL, information derived therefrom or any papers
containing or disclosing such material or information, such documents shall be filed in
an envelope on which a statement substantially in the following form shall be endorsed:
CONFIDENTIAL
This envelope contains information that is subject to a Stipulation and
Protective Order governing the use of confidential discovery material.
8.
be binding.

After termination of this case, the provisions of this Order shall continue to
This Court retains and shall have jurisdiction over the parties, their

attorneys and all recipients of discovery designated CONFIDENTIAL for the
enforcement of the provisions of this Order following termination of this case, and/or to
terminate all or some of the provisions of this agreement on application by any party.
9.

This Order shall not preclude parties from exercising any rights or raising

any objections otherwise available to them under the rules of discovery and evidence.

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10.

No provision of this Order is intended to limit the right of any party,

counsel for any party or any recipient of discovery from seeking to modify the terms of
this Order at any time in the future or from seeking relief of the restrictions imposed by
this Order concerning discovery designated as CONFIDENTIAL.
11.

This Order shall be binding upon the parties to this action, the attorneys

for each party and upon any recipient of discovery designated as CONFIDENTIAL and
upon any successor, executor, personal representative, administrator, heir, legal
representative,

assignee,

subsidiaries,

division,

employee, agent,

independent

contractor or other person or legal entity over which any party or attorney or recipient of
documents covered by this Order may have control.

IT IS SO ORDERED.

Dated this 24th day of January, 2013.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
TERRENCE N. GILLILAND, DENISE M.
GILLILAND, and LUIS S. GALLEGOS,
8:12CV384
Plaintiff,
vs.

EXHIBIT A

HARLEY-DAVIDSON MOTOR COMPANY
GROUP, LLC,
Defendant.
______________________, being first duly sworn, states that he or she resides at
_____________________________, county of __________________, state of
____________________; that he or she has read and fully understands the attached
Protective Order entered by the Court in the above-captioned action; that he or she is
fully familiar and agrees to comply with and be bound by the provisions of the Order and
submits to the jurisdiction of this Court for any proceedings with respect to the Order;
that he or she will not discuss with or divulge to persons, other than those specifically
authorized by the Order, and will not copy or use, except solely for purposes of this
action and for no other purposes, any information obtained pursuant to the order, except
as expressly permitted by the Court. He or she agrees to return any and all copies of
Harley-Davidson Motor Company Group, LLC’s protected documents and materials in
his or her possession which were produced by Harley-Davidson Motor Company Group,
LLC in this lawsuit to counsel for Plaintiffs within 15 days from the date of request by
Harley-Davidson Motor Company Group, LLC or its counsel; and further that he or she
will sign the Written Verification provided by counsel for Harley-Davidson Motor
Company Group, LLC that all such protected documents and materials have been
returned.

Signed:

Dated:

______________________________________
State of ___________________
County of _________________
_______________________________

)
)
)

____________________, 20___.

Subscribed and sworn to before me
this ___ day of _____________, 20___.

Notary Public, State of _____________
My commission: __________________

Exhibit A