Phillips v. Pearson's Painting, Inc.

Filing 60

PROTECTIVE ORDER. Ordered by Magistrate Judge Thomas D. Thalken. (TCL )

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OlSTHICT OF HEtmASKA
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CHARLES L. PHILLIPS,
Plaintiff,

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PEARSON'S PAINTING, INC.

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8: 13-CV-211

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OFFICE OF TI-lE CLERK

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!4 APR 28 AH 7: 57

Defendant.

PROTECTIVE ORDER

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The parties expect the disclosure of documents in response to Plaintiffs subpoena on the
Sherwin Williams Company ("Sherwin Williams") in this case may involve the disclosure of
sensitive information, including, inter alia, pricing and other business information that is
necessary to protect from public disclosure. Accordingly, the parties stipulate and agree to, and
the Court finds good cause for, entry of the foregoing Protective Order pursuant to Fed. R. Civ.
P. 26(c).
It is hereby ordered that:

1.

The parties shall redact pricing information from any Sherwin Williams invoice

filed or submitted to this Court.
2.

Counsel for any party in this case may designate deposition testimony regarding

Sherwin Williams' pricing information by advising the court reporter and counsel of such
designation during the course of the deposition. Parties will not designate any publicly-available
material as confidential.
3.

Except as provided for herein, no person having access to pricing information

shall make public disclosures of that material without further order of this Court.
4.

Upon conclusion of this case, including any subsequent appeals, all originals and

copies of invoices containing Sherwin Williams' pricing information (and all summaries thereof)
shall be destroyed, unless: (i) otherwise ordered by the Court for good cause shown, (ii) the
return or destruction of such materials is prohibited by law, or (iii) the document has been filed
with the Court or used as an exhibit.
5.

Notwithstanding anything to the contrary herein, the parties to the above-

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captioned case shall have no obligation under this Order with respect to information that
a.

is or becomes publicly available (except as by unauthorized disclosure); or

b.

is received from a third-party who is rightfully in possession of such

information and who has the right to disclose it.
6.

This Order in no way alters or supersedes the parties' responsibilities under the£-

Government Act of 2002, this Court's Electronic Filing Policies and Procedures, or any other
applicable confidentiality laws, rules or regulations.
7.

Any party to the above-captioned case may petition this Court concerning a

violation of this Order and request any available remedies, including, but not limited to,
contempt proceedings.
8.

Entering into, agreeing to, and/or complying with the terms of this Order shall

not
a.

operate as an admission that any particular discovery material constitutes,

contains, or reflects confidential matter;
b.

prejudice in any way the rights of any party to object to the production of

documents or information it considers non-discoverable, or to seek a Court determination
whether particular discovery materials should be produced;
c.

prejudice a party from seeking modification or rescission of this

Confidentiality Agreement; or
d.

prejudice a party from seeking further protection of any confidential

information.
9.

Nothing in this Order limits the parties' right to seek modification of this Order or

to apply for additional protective orders as may become necessary due to a change in
circumstances or for other good cause shown.
10.

Except as otherwise provided herein, the restrictions and obligations provided in

this Order shall not terminate upon the conclusion of this lawsuit but shall continue subject to
order of this Court.

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IT IS SO ORDERED.

Datedthis~yof¥-,2014.
B THECOU

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en
MAGISTRATE JUDGE