Amon, Jr. v. Union Pacific Distribution Services Company

Filing 19

PROTECTIVE ORDER granting 17 Motion for Protective Order. Ordered by Magistrate Judge Cheryl R. Zwart. (AOA)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
RICHARD W. AMON, JR., an individual,

)
)
Plaintiff,
)
)
vs.
)
)
UNION PACIFIC DISTRIBUTION SERVICES )
COMPANY, a Delaware corporation,
)
)
Defendant.
)
____________________________________ )
)

Case No. 8:12-cv-00437

PROTECTIVE ORDER

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.
2.
a.

CONFIDENTIAL DOCUMENTS/INFORMATION.

Plaintiff seeks to protect from disclosure confidential physical or mental health

information of the Plaintiff, and his family members, including but not limited to, medical
conditions, medical treatment, medical bills or charges, and insurance claims, benefits,
and/or payments.
b.

Defendants seek to protect from disclosure certain personal and sensitive

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information regarding the employees of Defendants relating to this lawsuit.
c.

Before produced documents are copied or inspected, the producing party may

stamp as "Confidential" or similar notation on any document or deposition testimony which
contains 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:
i.

Counsel who have signed this Order approving it as to form and content,
attorneys who are employed by Plaintiff, retained outside counsel, in house
counsel, law clerks, secretaries or paralegals directly involved in the conduct
of this litigation;

ii.

Experts and consultants retained by a party to this action for purposes of
assisting in the preparation or presentation of claims or defenses;

iii.

Any deposition or trial witness, during the course of deposition or trial
testimony, when necessary to the testimony of such witness;

iv.

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

v.

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

vi.

The named parties to this case, excluding their agents and/or
representatives except those identified at Paragraph 2(a) above.

vii.

Individuals selected by the parties to participate in focus groups, mock trials,
or other exercises maintained for the preparation for trial of this matter; and

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viii.

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, persons
falling in the categories listed above in subparagraphs (ii), (iii), (iv), (vi) and (vi) shall be
shown a copy of, and shall agree in writing, or on the record during trial or deposition, 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 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.

DOCUMENTS ALREADY PRODUCED. Within thirty (30) 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".
4.

THIRD PARTY WITNESSES.

A copy of this Protective Order shall be

served with a subpoena or Notice of Deposition on each third party deponent. A third
party witness may designate a document as "Confidential" pursuant to this Order by
stamping it with such notice prior to production or so identifying it on the record during the
deposition of that third party. Either party may also designate documents produced by a
third party as being "Confidential" pursuant to the terms of this Order within thirty (30) 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 Order for such ten

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(10) day period and thereafter if designated as "Confidential" by either party or by the third
party which produces it. The "Confidential" restrictions of this Order shall no longer apply
to any document produced by a third party which has not been designated as
"Confidential" by the third party or by a party within such thirty (30) day period.
5.

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 ten (10) 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 Order until such
time as the Court has made a ruling with respect to the motion.
6.

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 signed statement reflecting the disposition.
This Order shall 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.
7.

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 District of Nebraska, Case No.
8:12cv437 styled Richard W. Amon, Jr. v. Union Pacific Distribution Services Company.

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Nothing in this Order shall limit any party or person in its use of its own documents or from
disclosing its own documents and information. This 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.
8.

EXCEPTIONS. The restrictions embodied in this Order shall be binding on

the party to whom "Confidential" information is disclosed unless and until there is a
showing that:
(1)

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

(2)

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 which may have existed or exists between
such third party and the party making the disclosure.

9.

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 Order in any aspect.
exclusive.

The obligations and prohibitions under this Order are not

All other ethical, legal and equitable obligations are unaffected by this

agreement.
10.

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

deposition or in Court, on the record.
11.

ENFORCEMENT.

Any party or person subject to the obligations and

prohibitions of this 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

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Procedure.
SO ORDERED this 3rd day of June, 2013.

BY THE COURT:

s/ Cheryl R. Zwart
United States Magistrate
PREPARED AND SUBMITTED BY:

By:

/s/Jennifer Turco Meyer
Jennifer Turco Meyer # 23760
Marks Clare & Richards, L.L.C.
11605 Miracle Hills Drive, Suite 300
Omaha, NE 68154-8005
[phone]
[phone] – Fax
[e-mail]

By:

Attorneys for Plaintiff

s/Scott P. Moore
Scott Parrish Moore #20752
Baird Holm LLP
1500 Woodmen Tower
Omaha, NE 68102
[phone]
[phone] - Fax
[e-mail]
Attorneys for Defendant

DOCS/1174758.2

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