Pilmaier v. Omaha Public Power District

Filing 43

PROTECTIVE ORDER. Ordered by Magistrate Judge F.A. Gossett. (MLF, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
TIMOTHY PILMAIER,
Plaintiff,
vs.
OMAHA PUBLIC POWER
DISTRICT, A Political Subdivision,
Defendant.

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CASE NO. 8:13-cv-00349

PROTECTIVE ORDER

This matter is before the Court on the parties’ Joint Motion for a Protective Order
(filing 42). The motion is granted. Accordingly, it is ordered as follows:
1.

The parties anticipate that in this lawsuit they may seek and provide

information which may contain proprietary business and financial information, individual tax
information, personally identifiable information, certain personnel information, and
insurance information (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 disclosed
and all persons accorded access pursuant to this Protective Order as
constituting Confidential Information and shall neither be used nor
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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.

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.
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
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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.
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.
IT IS SO ORDERED.
DATED April 16, 2015.
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 Pilmaier v. Omaha Public Power District, Case No. 8:13cv349. I
understand the terms of that Protective Order and I agree to be bound by its terms.
_____________________________________

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