Jackson Harmon Enterprises, LLC, v. Insurance Auto Auctions, Inc.

Filing 76

ORDER granting 72 Motion for Protective Order Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)

THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

JACKSON HARMON ENTERPRISES,
LLC, d/b/a MIDWEST TOWING, A
Nebraska Limited Liability Company,

CASE NO. 8:13 CV 03194-RGK-CRZ

Plaintiff,
PROTECTIVE ORDER

v.
INSURANCE AUTO AUCTIONS, INC., An
Illinois Corporation,
Defendant.

Plaintiff's counsel, W. Patrick Betterman, alone and unaccompanied by any owner,
employee, representative or other agent of Plaintiff, may review the Insurance Auto Auctions,
Inc. ("IAA") Salvage Book – Manual of IAA Processes ("Salvage Book") at the offices of Baird
Holm LLP. Other than to request portions of the Salvage Book from IAA, Mr. Betterman may
not copy, take notes, or photograph any portion of the Salvage Book. Mr. Betterman is not to
remove any portions of the Salvage Book from the offices of Baird Holm without the prior written
approval of IAA's legal counsel, Jennifer Tricker. If during the review of the Salvage Book, or
within 24 hours of the review, Mr. Betterman determines that he would like copies of any portion
thereof, he must make a written request to Ms. Tricker for copies of such sections. Upon receipt
of such written request, Ms. Tricker will have one business day to respond to Mr. Betterman's
request with either a copy of the requested section(s) or an objection regarding the same. If at
that time the parties are unable to reach an agreement as to the production of certain portions of
the Salvage Book, each may bring the appropriate motion with the Court. During the pendency
of any such motions, Mr. Betterman agrees that all of the information he learned is subject to the

existing Protective Order (Filing #27) and that he will not share any of the information that is at
dispute with anyone (other than his staff and the Court in preparation for any hearing or written
argument) until the Court resolves such dispute. It is further ordered that Mr. Betterman is to
consider any information he learns during his review of the Salvage Book to be confidential and
proprietary and subject to the Protective Order (Filing #27).
Except as limited above, nothing herein precludes any party from designating any
eventual production of any portion of the Salvage Book as CONFIDENTIAL – SUBJECT TO
PROTECTIVE ORDER, as allowed in Filing #27.

August 26, 2014.

BY THE COURT:

_______________________
Cheryl R. Zwart
United States Magistrate Judge

2