Adams v. First Data Resources, LLC et al

Filing 30

PROTECTIVE ORDER -The Joint 29 Motion for Protective Order is granted as set forth within the order. Ordered by Magistrate Judge F.A. Gossett. (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
VICKIE ADAMS f/k/a Vickie Douglas,
Plaintiff,
vs.
FIRST DATA CORPORATION,
Defendant.

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CASE NO.: 8:14-CV-5

PROTECTIVE ORDER

Upon consideration of the Joint Motion for Protective Order filed on September 11, 2014
(filing 29), and for good cause,
IT IS ORDERED that the motion is granted as follows:
1.

The Plaintiff has requested documents some of which may contain confidential

personnel information regarding current and/or former employees of First Data Corporation. To
protect the privacy interests of the corporate defendant and of individuals not parties to this
action, such documents shall be treated as confidential under the terms of this Order, and those
documents copied by or at the request of the Plaintiff or her counsel shall be designated as
“CONFIDENTIAL INFORMATION” in the manner set forth in this Order. A Party who
produces material may designate it as CONFIDENTIAL only when the party in good faith
believes it contains confidential medical or protected health information, private information,
personnel and compensation information, employee discipline information, personal or business
information and confidential human resources information including, but not limited to, ethics
investigations, misconduct investigations, and grievance and complaint handling.

2.

All documents designated “CONFIDENTIAL INFORMATION” shall be

identified as confidential information by placing the word “CONFIDENTIAL” on the face of
such documents.
3.

The Plaintiff and her counsel shall not give, show, or otherwise divulge any

CONFIDENTIAL INFORMATION produced in this action by the Defendant, or the substance
or contents thereof, or any copies or summaries thereof, to any entity or person except
employees, experts and consultants employed or retained by the Plaintiff’s counsel in connection
with this action; court personnel; court reporters; and persons noticed for depositions or potential
trial witnesses to the extent reasonably necessary in preparing to testify in this lawsuit. Persons
attending portions of any depositions in which CONFIDENTIAL INFORMATION is used shall
be limited to those described within this paragraph. Any pages of deposition transcripts or
affidavits, wherein any CONFIDENTIAL INFORMATION is used or referred to, shall
automatically be considered to be CONFIDENTIAL INFORMATION. The Plaintiff and her
counsel shall use the CONFIDENTIAL INFORMATION only for purposes of this litigation.
4.

The employees, experts and consultants of the Plaintiff’s counsel to which such

CONFIDENTIAL INFORMATION is intended to be presented, shall first be presented with a
copy of this Protective Order and instructed to read the same. These employees, experts and
consultants shall use said CONFIDENTIAL INFORMATION only for the purposes of this
litigation and shall not give, show or otherwise divulge any CONFIDENTIAL INFORMATION,
or the substance or contents thereof, or any copies or summaries thereof, to any other entity or
person without prior approval of Court. Such persons, other than attorneys and legal staff, shall
sign an acknowledgement of having complied with this paragraph.

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5.

Material produced and marked as CONFIDENTIAL may be disclosed only to

outside counsel for the receiving party and to such other persons as counsel for the producing
party agrees in advance or as ordered by the Court.
6.

If counsel for a party receiving documents or information designated as

CONFIDENTIAL hereunder objects to such designation of any or all of such items, the
following procedure shall apply:
a.

Counsel for the objecting party shall serve on the designating party

or third party a written objection to such designation, which shall describe with
particularity the documents or information in question and shall state the grounds for
objection. Counsel for the designating party or third party shall respond in writing to
such objection within 14 days, and shall state with particularity the grounds for asserting
that the document or information is CONFIDENTIAL. If no timely written response is
made to the objection, the challenged designation will be deemed to be void. If the
designating party or nonparty makes a timely response to such objection asserting the
propriety of the designation, counsel shall then confer in good faith in an effort to resolve
the dispute.
b.

If a dispute as to a CONFIDENTIAL designation of a document or item of

information cannot be resolved by agreement, the proponent of the designation being
challenged shall present the dispute to the Court initially by telephone or letter, before
filing a formal motion for an order regarding the challenged designation. The document
or information that is the subject of the filing shall be treated as originally designated
pending resolution of the dispute.

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7.

To the extent consistent with applicable law, the inadvertent or unintentional

disclosures of CONFIDENTIAL materials that should have been designated as such, regardless
of whether the information, document or thing was so designated at the time of disclosure, shall
not be deemed a waiver in whole or in part of a party’s claim of confidentiality, either as to the
specific information, document or thing disclosed or as to any other material or information
concerning the same or related subject matter. Such inadvertent or unintentional disclosure may
be rectified by notifying in writing counsel for all parties to whom the material was disclosed
that the material should have been designated CONFIDENTIAL within a reasonable time after
disclosure. Such notice shall constitute a designation of the information, document or thing as
CONFIDENTIAL under this Protective Order.
8.

When the inadvertent or mistaken disclosure of any information, document or

thing protected by privilege or work-product immunity is discovered by the producing party and
brought to the attention of the receiving party, the receiving party’s treatment of such material
shall be in accordance with Federal Rule of Civil Procedure 26(b)(5)(B). Such inadvertent or
mistaken disclosure of such information, document or thing shall not by itself constitute a waiver
by the producing party of any claims of privilege or work-product immunity. However, nothing
herein restricts the right of the receiving party to challenge the producing party’s claim of
privilege if appropriate within a reasonable time after receiving notice of the inadvertent or
mistaken disclosure.
DATED September 11, 2014.
BY THE COURT:
S/ F.A. Gossett
United States Magistrate Judge

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