Anderson v. The Nebraska Medical Center

Filing 32

PROTECTIVE ORDER - Pursuant to the parties Stipulation for Protective Order filing 31 . Ordered by Magistrate Judge F.A. Gossett. (GJG)

IN THE UNITED STATE DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BRIAN A. ANDERSON
Plaintiff,
v.
THE NEBRASKA MEDICAL CENTER,
a Nebraska non-profit corporation,
Defendant.

)
)
)
)
)
)
)
)
)
)

CASE NO. 8:12-CV-00390-FG3

PROTECTIVE ORDER

Pursuant to the parties’ Stipulation for Protective Order (filing 31),
IT IS ORDERED:
1.

The parties may disclose documents they designate "Confidential” to each
other and their attorneys.

2.

The designation shall not be embossed upon the face of the document
produced, but shall be set forth in an accompanying description of all
documents produced with sufficient specificity to identify, by date, title or
author and recipient, and identification or pagination number, the
document so designated.

3.

Any and all of the aforesaid materials disclosed by either party, and the
contents thereof shall be maintained in confidence by counsel for the
Plaintiff and all other parties to the above-captioned litigation.

4.

The recipient may, within 30 days after receipt of the documents, object to
the designation of any or all documents as “confidential” by the producing
party. Thereafter, the documents shall remain confidential despite the
objection for an additional 30 days. Upon expiration of the second 30 days
following discovery, the documents shall no longer be confidential unless,
before the expiration of the second 30 day time period, the producing party
who designated the document(s) “confidential” files a Motion with the
Court for an order declaring the documents confidential and subjecting
them to a Protective Order.

5.

Any and all of the aforesaid materials disclosed by either party and the
contents thereof shall be used only in connection with the above-captioned
matter and shall not be used for any other purpose whatsoever.

6.

No person who examines any document produced pursuant to this Order
shall disseminate orally, in writing, or by any other means, the
document(s) or the information contained therein, to any person not also
authorized to examine documents under the terms of this Order.

7.

Witnesses, or personnel outside the law firm(s) of the recipient party shall
be notified of this Stipulation and the Court's Order approving it, or any
other Court Order governing the documents, and informed of their duty to
abide by the Court’s Order.

8.

Notwithstanding the foregoing provisions, this Order shall be without
prejudice to the right of any party to challenge the propriety of discovery on
any grounds including, but not limited to, relevance, privilege and
materiality.

9.

Notwithstanding the foregoing provisions, this Order shall not restrict in
any manner the right of any party to offer or use as evidence at the trial of
this action any of the documents subject to this Protective Order and
nothing contained herein shall be construed as a waiver of any objection
which might be raised as to the admissibility of any evidentiary material.

10.

Within 60 days after a final order rendered, entered, and becomes
nonappealable in the litigation in which the documents are produced, the
recipient party shall destroy all documents and all copies in that party’s
possession and, upon written request of the producing party made after
the rendition and entry of final judgment, return the originally produced set
of the documents to the producing party.

11.

A breach of the terms of this Order shall entitle the disclosing party, to
appropriate sanctions, including but not limited to attorneys fees and costs
incurred in the enforcement of this Order.

IT IS SO ORDERED.
DATED July 1, 2013.
2

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

3