Richardson International (US) Limited et al v. Buhler Inc
PROTECTIVE ORDER- The parties' 55 Stipulation for Protective Order is approved by the Court. Ordered by Magistrate Judge F.A. Gossett. (MKR)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
LIMITED and NATIONWIDE
CASE NO. 8:14-CV-148
This matter is before the Court on the parties’ Stipulation for Protective Order.
(Filing 55.) The Stipulation is approved.
IT IS ORDERED as follows:
The parties anticipate that documents or information may be requested in
this matter which contain or consist of valuable trade secrets, other proprietary
information or personal information (hereinafter, "Confidential Information"). Any
documents produced or information provided by a party pursuant to or in response to
any discovery request may be designated by either party as "confidential" in the
By imprinting the word "confidential" on the first page or cover of
any document produced.
By imprinting the word "confidential" next to or above any Answer
to any Interrogatory or any other written discovery response.
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 label them
All documents and information provided by a party in response to a
discovery request or deposition testimony designated as "confidential" shall be subject
to the following restrictions:
Such documents or information shall be used only for the purpose
of this litigation and not for any business or other purposes
Such documents or information shall not be communicated or
disclosed in any manner, either directly or indirectly, to anyone
The attorneys of record and persons employed by them;
Outside experts who have, prior to disclosure, agreed to be
bound by the terms of the Stipulation and Protective Order;
The named Plaintiffs or Defendant and their officers,
employees, or agents, including insurers, who have a need
to know for purposes of this litigation;
This Court and Court personnel; and
Such other persons as the Court may specifically approve
after notice and hearing.
That all information designated as "confidential" in whatever format
shall be furnished only under the terms of the Stipulation and
Protective Order and shall be treated by all persons accorded
access pursuant to the Stipulation and 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 the Stipulation and Protective Order.
No Confidential Information shall be further disclosed to anyone
except those categories of persons provided in ¶b who, when
applicable as set forth in ¶b, have first signed a Nondisclosure
Agreement in the form attached hereto and to whom disclosure is
necessary for the purposes associated with this lawsuit. The
parties' counsel of record, 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.
Individuals authorized to review Confidential Information pursuant
to the Stipulation and 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 party designating
such information as confidential or Order of the Court.
Before trial, counsel for the parties shall agree to the appropriate
means to protect the confidentiality of the information that counsel
desire to present at trial. If counsel cannot reach an agreement,
they shall apply to the Court for resolution of the issue.
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 the Stipulation and Protective
Order to receive such documents or information.
All Confidential Information filed with the Court shall be filed and
maintained under seal until further Order of the Court. The filing
party shall include a notice to the Court and other parties that the
document filed contains "Confidential" or "Protected Material"
subject to the provisions of the Stipulation and Protective Order.
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 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 the motion by the Court.
Upon final termination of this action, including all appeals, all confidential
documents and any other confidential information of the other party which was provided
in discovery, including any copies, excerpts, or summaries that have been prepared
from or utilizing such information by a party, its counsel, or other persons or entities
retained to assist such party in this litigation, shall be returned to the opposing party's
counsel or destroyed by counsel; provided, however, that (i) in no event shall counsel
be obligated to turn over to opposing counsel any items which constitute attorney work
product (as defined by applicable law) and (ii) counsel shall be entitled to retain one
copy of all information as part of its permanent litigation file and such information shall
remain subject to the confidentiality obligations of the Stipulation and Protective Order.
DATED December 4, 2015.
BY THE COURT:
S/ F.A. Gossett
United States Magistrate Judge
I, ______________________________, certify that I have read the Stipulation
for Protective Order adopted by the Court in the case of Richardson et al. v. Buhler Inc.,
which is pending in the United States District Court for the District of Nebraska.
understand the terms of that Protective Order and I agree to be bound by its terms.
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