Union Pacific Railroad Company v. Colony National Insurance Company et al

Filing 84

PROTECTIVE ORDER - Upon consideration of the Joint Motion for Entry of Stipulated Protective Order 83 , it is ordered that the motion is granted. Ordered by Magistrate Judge F.A. Gossett. (SLP)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
UNION PACIFIC RAILROAD
COMPANY,
Plaintiff,
vs.
COLONY NATIONAL INSURANCE
COMPANY;
DeANGELO BROTHERS, INC.; and
AMERICAN HOME ASSURANCE
COMPANY, d/b/a AIG, INC.,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)

Case No.: 8:13-cv-0084

PROTECTIVE ORDER

Upon consideration of the Joint Motion for Entry of Stipulated Protective Order (filing
83),
IT IS ORDERED that the motion is granted. Accordingly, all information, documents,
and testimony produced and obtained during discovery that are designated as confidential by the
producing party shall only be disseminated as follows:
•

To the parties, their claim administrators, and their counsel, including firm
lawyers, firm paralegals, and firm support personnel who are working on this case
with counsel;

•

To persons as are employed by counsel to act as vendors, consultants or experts in
this action who shall also be bound by a written agreement not to disseminate;

•

To each parties’ insurers, reinsurers, retrocessionaires, regulators and accountants;

•

To judges and court personnel under seal;

•

To the jury in this action under seal; and

•

To certified court reporters acting as such.

The written agreement not to disseminate is incorporated herein and is attached to this
Protective Order as Exhibit A.
All confidential documents shall be filed under seal pursuant to the Local Rules of the
United States District Court for the District of Nebraska.
Nothing in this Protective Order shall later prevent or prohibit any party from seeking
such additional or further protection as it deems necessary to protect documents or information
subject to discovery in this action.
Nothing herein shall preclude a party from challenging the designation of any
information, document or testimony as confidential. Should counsel for a non-disclosing party
object to the designation by the disclosing party of any particular material as “confidential” such
counsel at any time may notify counsel for the disclosing party in writing that he or she objects
to the designation, specifying with particularity the material he or she believes has been
improperly classified and the basis for his or her contention that said information, document or
testimony should not be designated as confidential. Upon receipt by the disclosing party of such
written objection, counsel shall negotiate and attempt in good faith to resolve the dispute as to
the designation. If counsel are unable to resolve such a dispute, then counsel for the disclosing
party may file with the Court a motion regarding the designation of such material as confidential.
If counsel for the disclosing party does not file such a motion within 30 days of service of said
objection, the information, document or testimony at issue will no longer be considered
confidential. Otherwise, during the pendency of any such objection, dispute, or motion, the
material in question shall remain confidential and be handled in accordance with the terms of this
Protective Order.

2

The obligations imposed by this Protective Order shall survive the termination of this
action and any related actions.
DATED July 10, 2015.
BY THE COURT:

S/ F.A. Gossett
United States Magistrate Judge

3

EXHIBIT A
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
UNION PACIFIC RAILROAD
COMPANY,
Plaintiff,
vs.
COLONY NATIONAL INSURANCE
COMPANY;
DeANGELO BROTHERS, INC.; and
AMERICAN HOME ASSURANCE
COMPANY, d/b/a AIG, INC.,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)

Case No.: 8:13-cv-0084

NONDISCLOSURE AGREEMENT

The undersigned, having read the Protective Order issued by the United States District
Court for the District of Nebraska in the above captioned case which protects the confidential
information of the parties produced during discovery in that matter (the Protective Order is
attached hereto), agrees to be bound as follows:
1.

The undersigned agrees to be bound by the provisions of the Protective Order.

2.

All confidential information disclosed to the undersigned pursuant to the
Protective Order shall not be disclosed, disseminated or published by the
undersigned, except as permitted in the Protective Order.

3.

The undersigned agrees that he or she shall not even acknowledge the existence of
the confidential information to anyone for any reason at any time, except as
permitted in the Protective Order.

4

4.

The undersigned agrees that he or she shall take all appropriate and necessary
precautions to avoid loss or inadvertent disclosure of the confidential information
as designated under the Protective Order.

5.

The undersigned agrees that, after his or her permitted use of the confidential
materials and documents is completed, he or she shall return any and all
confidential materials and documents received to the person or entity from which
he or she received the confidential materials and documents.

6.

The undersigned agrees that the terms of this Non-Disclosure Agreement shall
continue even after his or her return of the confidential materials and documents.

Date: _______________________

__________________________________________
Signature – Recipient of Confidential Information

__________________________________________
Name (Please Print)

Address: __________________________________
__________________________________________

Employer: _________________________________

5