Greis Trucking & Excavating, Inc. v. Union Pacific Railroad Company

Filing 48

PROTECTIVE ORDER denying 46 Motion for Protective Order; granting 47 Motion for Protective Order, as amended. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
GREIS TRUCKING & EXCAVATING, )
INC., and FEDERATED MUTUAL
)
INSURANCE COMPANY,
)
)
Plaintiffs,
)
)
vs.
)
)
UNION PACIFIC RAILROAD
)
COMPANY,
)
)
Defendant.
)

8:12CV3160

PROTECTIVE ORDER
GOVERNING CONFIDENTIAL
INFORMATION AND DOCUMENTS

THIS MATTER is before the Court upon the parties’ joint motion (Filing No. 47) for
entry of a protective order. Having reviewed the parties’ joint motion and for good cause shown,
the Court hereby enters the following Order governing confidential information and documents
and authorizes the release of the individuals to whom the records pertain. Such disclosure is
subject to the following conditions:
Material requested by any of the parties may be deemed confidential if it is proprietary or
trade secret information or to prevent injury, harassment, or abuse of court processes in
accordance with Federal Rule of Civil Procedure 26(c). Such confidential material shall be
disclosed only to the following individuals, each of whom shall be required to read this
Stipulation and agree to abide by its terms before being given any of the information:
a. Counsel for plaintiffs and counsel for defendants who are actively engaged in the
conduct of this litigation, and their staffs to the extent reasonably necessary to render
professional services in the litigation;
b. The parties to the litigation and their experts;

c. Insurance claims personnel for the parties who agree to by bound by the terms of this
Stipulation;
d. Any other individual included by order of the Court.
Documents produced by the parties to which this Stipulation is applicable shall be
stamped “CONFIDENTIAL.”
The inadvertent production, without designation as confidential, of information or a
document intended to be designated or that should have been designated as being confidential
shall not waive the right to so designate such document or information. Any information or
documentation that is inadvertently not designated as being confidential when produced shall be,
upon written request of the producing party, thereafter treated as being designated as confidential
under this Stipulation.
Subject to the Federal Rules of Evidence and Rule 5.3 of the Civil Rules of the United
States Court for the District of Nebraska, any confidential information or documents may be
offered in evidence at trial or any Court hearing. Prior to such documents being offered, the
filing party shall contact opposing counsel to discuss the documents it intends to offer and the
parties shall agree as to the redaction of any sensitive financial information and/or proprietary
information pursuant to NECivR 5.3. If a party seeks to file an unredacted document under
Restricted Access with the Court, then the filing party must first motion the Court to obtain leave
to file the material. The Court may, in its discretion, exclude any information or documents from
coverage under this Stipulation. Nothing in this Stipulation shall restrict any use by a producing
party of its own confidential information or documents.
The information and documents covered under this Stipulation shall be used only for
purposes of this Litigation. No individual shall disclose any of the documents or information to

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any other individual, directly or indirectly, except as authorized by this Stipulation.

No

individual shall use any of the information or documentation to the detriment of the producing
party or for any other business or financial benefit of the individual.
In the event of a disclosure in violation of this Stipulation (whether intentional or
unintentional), the disclosing party shall immediately notify the opposing party of the disclosure
and take immediate action to prevent further disclosure. In the event either party is subpoenaed
or otherwise required by legal process to disclose the information, it shall immediately notify the
opposing party and provide it with an opportunity to object before any disclosure is made.
After the conclusion of all aspects of the litigation of this case, confidential documents
and all copies in print (other than exhibits of record), on computer disc or in any type of
electronic format may be retained by each party’s respective attorney for the sole purpose of
retention and maintenance of a complete litigation file. Under no circumstances shall the
attorneys or parties disclose any of the documents or information to any other individual, directly
or indirectly, except as already authorized by this Stipulation hereinabove. Under no
circumstances should the information or documentation be used to the detriment of the
producing party or for any other business or financial benefit of the individual.
IT IS SO ORDERED.
Dated this 27th day of November, 2013.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge

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