Thompson v. Omaha Public Power District

Filing 14

CONFIDENTIALITY AGREEMENT AND STIPULATED PROTECTIVE ORDER upon the Joint MOTION for Protective Order 13 . Ordered by Magistrate Judge F.A. Gossett. (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
HELEN THOMPSON,
an individual,
Plaintiff,
v.
OMAHA PUBLIC POWER DISTRICT,
a political division of the State of
Nebraska,
Defendant.

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Civil Action No. 8:13-cv-00106

CONFIDENTIALITY AGREEMENT AND
STIPULATED PROTECTIVE ORDER

This matter having come before the Court upon the Joint Motion for Entry of
Protective Order (filing 13) and the Court being duly advised of the same,
IT IS HEREBY ORDERED as follows:
1.

The parties anticipate that the parties and certain third parties may seek

and provide information which may contain medical information, customer information,
proprietary business and financial information, individual tax information, personally
identifiable information, certain personnel information, insurance information and/or
trade secrets (hereinafter "Confidential Information").

Any documents produced or

information provided by a party or third party in response to any discovery request may
be designated as "confidential" in the following manner if said documents contain such
Confidential Information:
a.

By imprinting the word "confidential" on the first page or cover of
any document produced;

b.

By imprinting the word "confidential" next to or above any answer to
any Interrogatory;

c.

With respect to portions of a deposition transcript, by making
arrangements with the attending court reporter to bind the

confidential portion(s) of such transcripts separately and labeling
them as "confidential;" and
d.

With respect to electronic information or other information that
cannot conveniently be labeled, by noting in a separate writing, or
in answer to any discovery request or disclosure, that such
information is designated as "confidential."

2.

To the extent feasible, certain personal identifying information such as

Social Security numbers and account numbers may be redacted from documents so as
not to require classifying documents which contain such information to be treated as
Confidential.
3.

All documents and information provided through discovery which are

designated as "confidential" by imprinting the word "Confidential" on the documents
produced or by specifically referencing said document as Confidential by Bates number
shall be subject to the following restrictions:
a.

They shall be used only for the purpose of this litigation and not for
any business or other purposes whatsoever.

b.

They shall not be communicated or disclosed in any manner, either
directly or indirectly, to anyone other than:
(1)

The attorneys of record and persons employed by them;

(2)

Outside experts who have, prior to disclosure, agreed in
writing to be bound by the terms of this Protective Order as
provided in subparagraph d. hereof;

(3)

The parties or their representatives;

(4)

This Court and Court personnel; and

(5)

Such other persons as the Court may specifically approve
after notice and hearing.

c.

All information designated as "Confidential" in whatever format shall
be furnished only under the terms of this Protective Order and shall
be treated by all persons to whom Confidential Information is
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disclosed and all persons accorded access pursuant to this
Protective Order as constituting Confidential Information and shall
neither be used nor disclosed except for the purpose of this
litigation, and solely in accordance with this Protective Order or
subsequent order of the Court.
d.

It is further ordered that this Confidential Information shall not be
further disclosed to anyone except those categories of persons
provided herein, to whom disclosure is necessary for the purposes
associated with this lawsuit, and who have signed a Nondisclosure
Agreement in the form attached as Exhibit "1", certifying that they
have read this Protective Order and agree to be bound by its terms.
Legal Counsel for the parties and other persons or entities retained
to assist in this lawsuit who have signed a Nondisclosure
Agreement shall appropriately notify such persons or entities that
the disclosure is made in confidence and must be kept in
confidence in accordance with this Protective Order.

e.

Individuals authorized to review Confidential Information pursuant
to this Protective Order shall hold such information in the strictest
confidence and shall not divulge the information, either verbally or
in writing, to any other person, entity or government agency unless
authorized by the parties or order of the Court.

f.

No access to Confidential Information shall be provided to any
individual until the individual to be accorded access has signed a
Nondisclosure Agreement in the form attached as Exhibit "1,"
attached hereto, certifying that they have read this Protective Order
and agree to be bound by its terms and such executed
Nondisclosure Agreement has been provided to counsel for both
parties.

g.

If any party wishes to file any Confidential Information as part of
any motion or pleading in this litigation, such party may file the
Confidential Information under seal, in redacted form as agreed to
by the parties, or as otherwise agreed to by the parties.
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h.

Before trial, counsel for the parties may confer regarding the
appropriate means to protect the confidentiality of the information
that counsel desire to present to the Court or at trial. If counsel
cannot reach an agreement, they may apply to the Court for
resolution of the issue.

i.

There shall be no reproduction whatsoever of any confidential
documents or information, except that, as required in the course of
this litigation, copies, excerpts or summaries may be shown or
given to those persons authorized by this Protective Order to
receive such documents or information.

j.

Inadvertent Production. In the event that a document is produced
inadvertently that is considered by the producing party to be
privileged in whole or in part, such document may be retrieved by
the producing party by giving written notice to all parties (which
notice shall state the nature of the privilege at issue) that the
producing party claims the document, in whole or in part, to be
privileged.

Upon receipt of such notice, all parties that have

received a copy of such document shall promptly return it to the
producing party and destroy any other copies thereof.
4.

Acceptance by a party of any information, document or thing identified as

"confidential" hereunder shall not constitute a concession that the information,
document or thing is confidential. If, subsequent to the acceptance of information or
documents identified as confidential, a party wishes the Court to rule upon the other
party's claim of confidentiality, that party may move this Court for such determination. In
the resolution of any such motion, the burden of establishing the confidentiality of the
information or document shall be on the party who made the claim of confidentiality.
However, materials designated as confidential shall be treated as such pending
resolution of a timely filed motion by the Court. Nothing herein shall preclude either
party from challenging in court the confidential status of any document.
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5.

In the event that a party shall desire to provide access to information or

documents identified as "confidential" hereunder to any person or category of persons
not identified above, it shall obtain an agreement from the opposing party or move this
Court for an order that such a person or category of persons may be given access to
the information. In the event that the motion is granted, such person or category of
persons may have access to the information, provided that such person or persons
have agreed in writing before such access is given to be bound by the terms of this
Protective Order, or other conditions as the Court may order.
6.

Upon final termination of this action, including all appeals, all confidential

documents and any other confidential information provided in discovery, including any
copies, excerpts, or summaries thereof that have been prepared by the parties, their
counsel, and other persons or entities retained to assist either of the parties in this
litigation, shall be destroyed or returned to disclosing counsel.

No copies shall be

retained by a non-disclosing party or other individuals retained to assist them in this
litigation, except counsel may retain copies in their files and the terms of this Order shall
continue to apply to such copies. Counsel shall keep an accurate record of all copies,
excerpts or summaries of Confidential Information made by counsel and any other
person retained to assist in this litigation. The language contained in this paragraph
shall not preclude counsel from retaining documents constituting attorney work product
as defined by applicable law. In the event copies of Confidential Information provided in
discovery, including any copies or excerpts or summaries thereof, contain counsel's
work product, counsel shall obliterate its work product and destroy or return such
documents to disclosing counsel in accordance with the provisions of this paragraph.

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7.

This Order shall survive the final conclusion of the action, and this Court

retains jurisdiction of the parties hereto, and of any person who executes a copy of
Exhibit 1, indefinitely as to any dispute between any of them regarding improper use of
information discovered pursuant to this Order.
DATED September 10, 2013.

BY THE COURT:

S/ F.A. Gossett
United States Magistrate Judge

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EXHIBIT 1
NONDISCLOSURE AGREEMENT
I, ______________________________, certify that I have read the Protective
Order entered in the case of Thompson v. Omaha Public Power District, Case No. 8:13cv-106. I understand the terms of that Protective Order and I agree to be bound by its
terms.

_____________________________________

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