Wonch v. Meyer et al

Filing 33

ORDER granting 32 Motion for Protective Order. Ordered by Magistrate Judge Cheryl R. Zwart. (BHC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

JEREMY J. WONCH,
Plaintiff,
v.
DEREK K. MEYER, individually, and
NAVAJO EXPRESS, INC., a Colorado
corporation,
Defendants.

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CASE NO. 8:14-CV-00166

STIPULATED PROTECTIVE ORDER

Pursuant to the parties' Joint Motion for Protective Order (Filing No. 32), the parties to
this action, Defendants, Derek K. Meyer, individually, and Navajo Express, Inc., a Colorado
corporation, and Plaintiff, Jeremy J. Wonch ("Plaintiff"), by their respective counsel, hereby
stipulate and request that the Court enter a mutual protective order pursuant to Fed. R. Civ. P. 26
as follows:
1.

The Protective Order shall be entered pursuant to the Federal Rules of Civil
Procedure.

2.

The Protective Order shall govern all materials deemed to be "Confidential
Information." Such Confidential Information shall include the following:
(a)

Any and all documents referring or related to confidential and proprietary
human resources or business information; financial records of the parties;
compensation of Defendant's current or former personnel; policies,
procedures, and/or training materials of Defendants; and/or Defendants’
organizational structure;

(b)

Any documents from the personnel, medical, or workers' compensation
file of any current or former employee or contractor;

(c)

Any documents relating to the medical and/or health information of any of
Defendants' current or former employees or contractors;

(d)

Any portions of depositions (audio or video) where Confidential
Information is disclosed or used as exhibits.

3.

In the case of documents and the information contained therein, designation of
Confidential Information produced shall be made by placing the following label
or designation on the face of the document and each page so designated
"CONFIDENTIAL" or otherwise expressly identified as confidential. Defendant
will use its best efforts to limit the number of documents designated Confidential.

4.

Confidential Information shall be held in confidence by each qualified recipient to
whom it is disclosed, shall be used only for purposes of this action, shall not be
used for any business purpose, and shall not be disclosed to any person who is not
a qualified recipient. All produced Confidential Information shall be carefully
maintained so as to preclude access by persons who are not qualified recipients.

5.

Qualified recipients shall include only the following:
(a)

In-house counsel and law firms for each party and the secretarial, clerical,
and paralegal staff of each;

(b)

Deposition notaries and staff;

(c)

Persons other than legal counsel who have been retained or specially
employed by a party as an expert witness for purposes of this lawsuit or to
perform investigative work or fact research;

(d)

Deponents during the course of their depositions or potential witnesses of
this case;

(e)

The parties to this litigation, their officers, and professional employees;

(f)

Persons who appear on the face of the Confidential Information as an
author, addressee, or recipient of the Confidential Information;

(g)
(h)
6.

The Court and any of its staff and personnel; and
Court reporters.

Each counsel shall be responsible for providing notice of the Protective Order and
the terms therein to persons to whom they disclose "Confidential Information" as
defined by the terms of the Protective Order.
Persons to whom Confidential Information is shown shall be informed of
the terms of this Order and advised that its breach may be punished or sanctioned

as contempt of the Court. Such deponents may be shown Confidential materials
during their deposition but shall not be permitted to keep copies of said
Confidential materials nor any portion of the deposition transcript reflecting the
Confidential Information.
If either party objects to the claims that information should be deemed
Confidential, that party's counsel shall inform opposing counsel in writing within
(90) days that the information should not be so deemed, and the parties shall
attempt first to dispose of such disputes in good faith and on an informal basis. If
the parties are unable to resolve their dispute, they may present a Motion to the
Court objecting to such status. The information shall continue to have
Confidential status during the pendency of any such Motion.
7.

No copies of Confidential Information shall be made except by or on behalf of
attorneys’ of record, in-house counsel, or the parties in this action. Any person
making copies of such information shall maintain all copies within their
possession or the possession of those entitled to access to such information under
the Protective Order.

8.

All information produced in this action, whether deemed Confidential or not, shall
be used only for purposes of this litigation and not for any other purpose.
However, counsel agree that all information produced in this action may be used
for the purpose of defending an action against said counsel or responding to a
disciplinary complaint against said counsel.

9.

The termination of this action shall not relieve the parties and persons obligated
hereunder from their responsibility to maintain the confidentiality of information
designated Confidential pursuant to this Order.

10.

Upon termination of this action by entry of a final judgment (inclusive of any
appeals or petitions for review), the parties may request the return of all
previously furnished Confidential Information, including any copies thereof, and
each person or party to whom such Confidential Information has been furnished
or produced shall be obligated to return it within thirty (30) days of said request.

11.

Nothing in this Order shall be construed as an admission as to the relevance,
authenticity, foundation, or admissibility of any document, material, transcript, or

other information.
12.

Nothing in the Protective Order shall be deemed to preclude any party from
seeking and obtaining, on an appropriate showing, a modification of this Order.

SO ORDERED this 5th day of February, 2015.
By the Court:

s/Cheryl R. Zwart
United States Magistrate Judge
Stipulated and agreed to by the following:

JEREMY J. WONCH, Plaintiff,

DEREK K. MEYER, individually, and NAVAJO
EXPRESS, INC., a Colorado corporation,
Defendants,

By:
s/ Larry R. Demerath
DEMERATH LAW FIRM
12829 West Dodge Road, Suite 201
Omaha, Nebraska 68154-2188
[phone] Fax [phone]
Larry R. Demerath, #10978
[e-mail]

By: ___s/ Michael L. Moran_________________
ENGLES, KETCHAM, OLSON, & KEITH, P.C.
1350 Woodmen Tower
Omaha, Nebraska 68102
[phone] Fax [phone]
Dan H. Ketcham, #18930
[e-mail]
Michael L. Moran, #24042
[e-mail]

and
Justin B. Demerath, #24244
O’HANLON, MCCOLLOM & DEMERATH
808 West Avenue
Austin, Texas 78701
[phone]