Krogh v. Zoetis LLC et al

Filing 35

JOINT CONFIDENTIALITY AGREEMENT AND STIPULATED PROTECTIVE ORDER. Ordered by Magistrate Judge Cheryl R. Zwart. (GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

KRISTY KROGH,
Plaintiff,
v.
MANPOWER US INC., a Delaware Corporation
and ZOETIS LLC, a Delaware Limited Liability
Company
Defendants.

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Case No. 8:14-CV-00173

JOINT CONFIDENTIALITY
AGREEMENT AND
STIPULATED PROTECTIVE
ORDER

The Parties, by and through their respective counsel, enter into this Joint
Confidentiality Agreement and Stipulated Protective Order (“Confidentiality Agreement”) and
thereby agree to the following terms and conditions:
I. Definitions
1.

Confidential Information. As used in this Confidentiality Agreement,

“Confidential Information” shall mean: (a) Defendants’ current or former employee personnel
documents; (b) Defendants’ investigation documents; (c) Defendants’ Customers’ personal
identification information; (d) Defendants’ Customers’ financial information; (e) Defendants’
operational policies and procedures; (f) Defendants’ confidential and proprietary personnel and
business related information; (g) Defendants’ internal notes, emails and other communications
regarding former or current employees; and (h) Plaintiffs’ financial and medical records. Use of
Confidential Information, or any deposition testimony related to same, during this judicial
proceeding shall be governed by this Confidentiality Agreement.

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2.

Highly Confidential/Attorneys’ Eyes Only: To the extent it is otherwise

discoverable, Confidential Information regarding trade secrets or highly sensitive confidential or
proprietary commercial or financial information (including without limitation information about
Defendants’ legal fee rates and structure; Defendants’ client names and/or contact information;
Defendants’ current and former employees’ personal contact information; customer contracts;
formulae and intellectual property; sales, profit and loss; or the Defendants’ financial
information) may be further designated as “Highly Confidential/Attorneys’ Eyes Only.”
II. Procedure for Identification of Confidential Information
3.

Other than as set forth in paragraphs four and five below, the designation

of information as “Confidential Information” or “Highly Confidential/Attorneys’ Eyes Only”
shall be made by placing or affixing on the designated information, in a manner that will not
interfere with its legibility, the word “CONFIDENTIAL” or “Highly Confidential/Attorneys’
Eyes Only,” as applicable. The designation of information as Confidential Information or
“Highly Confidential/Attorneys’ Eyes Only” shall be made prior to, or contemporaneously with,
the production or disclosure of said information or on the record during any deposition.
However,

should

the

disclosing

party

discover

after

disclosure

that

the

words

“CONFIDENTIAL” or “Highly Confidential/Attorneys’ Eyes Only” were inadvertently omitted
from a document or documents, or no designation as such was made upon the record at a
deposition, then upon written notice of same, the other party shall return all such documents.
The disclosing party shall then mark the returned documents, or relevant portions of the
deposition transcript, as “CONFIDENTIAL” or “Highly Confidential/Attorneys’ Eyes Only” and
produce them to the other party within seven (7) business days of the disclosing party’s receipt of
same.

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4.

Any commercial, financial, business or regulatory records of a party shall

be deemed Confidential Information whether or not marked “CONFIDENTIAL” or “Highly
Confidential/Attorneys’ Eyes Only” and shall be governed by this Confidentiality Agreement.
5.

Any personnel files, payroll or employment records of any employee or

former employee of a party shall be deemed Confidential Information whether or not marked
“CONFIDENTIAL” or “Highly Confidential/Attorneys’ Eyes Only” and shall be governed by
this Confidentiality Agreement.
III. Effect of Designation as Confidential or Highly Confidential
6.

Information

designated

as

Confidential

Information

under

this

Confidentiality Agreement shall not be used or disclosed by any party, counsel for any party,
expert witness, consultant, or their employees, for any purpose whatsoever other than in
connection with the prosecution and defense of this matter up through and including any appeals.
7.

Counsel for each party who obtains information designated as

Confidential Information under this stipulation shall not disclose or permit disclosure of this
information to any person or entity other than the following: (i) the specific attorneys of record
for the parties and those attorneys’ employees working under their direct supervision; (ii) office
personnel employed by attorneys of record for the parties to the extent necessary to assist in trial
preparation or motion practice; (iii) expert witnesses or consultants who may be used in
preparation for trial or in the trial of this action; (iv) the parties, (v) employees, officers and
directors of the Defendants who have direct responsibility in or for this matter, or must otherwise
be provided with the Confidential Information, consistent with business necessity; (vi) the Court
and Court personnel; (vii) stenographic reporters engaged for depositions or other proceedings
necessary for the conduct of this case; and (viii) witnesses who agree in writing to comply with

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the provisions of this Confidentiality Agreement, as long as there is a good faith basis for
disclosing the Confidential Information to the witness.
8.

Information designated Highly Confidential/Attorneys’ Eyes Only shall

not be disclosed directly or indirectly, in whole or in part, in words or substance, except during
the course of this case and only to and among the following persons not withstanding any other
provision of this stipulation: (i) attorneys for the parties, and those attorneys’ employees working
under their direct supervision; (ii) independent consulting or testifying experts not employed by a
party or a competitor of a party; (iii) court officials involved in this litigation (including court
reporters and persons operating video recording equipment at depositions); and (iv) any person
who authored or received such information or documents in the ordinary course of business.
9.

Nothing contained in this Confidentiality Agreement shall preclude any

party from: (i) designating that party’s own information as Confidential Information or Highly
Confidential/Attorneys’ Eyes Only Information; (ii) using that party’s own Confidential
Information or Highly Confidential/Attorneys’ Eyes Only Information in the regular course of its
business; or (iii) revealing that party’s own Confidential Information or Highly Confidential
Information to whomever it chooses. However, this Paragraph shall not be interpreted as
allowing any party to: (i) designate the opposing party’s information as Confidential Information
or Highly Confidential/Attorneys’ Eyes Only Information; (ii) use any party’s Confidential
Information or Highly Confidential/Attorneys’ Eyes Only Information in the regular course of
business; or (iii) reveal any party’s Confidential Information or Highly Confidential/Attorneys’
Eyes Only Information to anyone, except as set forth herein.

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10.

Documents or information designated as Confidential or Highly

Confidential must be filed with the Court as Sealed or Restricted, depending on the reason for
the filing and the corresponding requirement under local Court rules.
11.

Upon final determination of this action, whether by judgment, settlement,

or otherwise, counsel of record and each party, person, and entity who obtained documents from
a party that are designated as Confidential Information or Highly Confidential/Attorneys’ Eyes
Only Information shall return, or otherwise destroy and certify such destruction in writing, any
such documents and all copies thereof to the party or the party’s counsel who provided the
documents.
12.

Any third parties, other than counsel of record and those Company

employees and employees of counsel responsible for or involved in this litigation including, but
not limited to, those responsible for assembly and maintenance of records, who are provided with
any Confidential Information or Highly Confidential Information/Attorneys’ Eyes Only
Information shall be subject to the terms and conditions of this Confidentiality Agreement and
shall be required to read, sign and date a copy of this Order agreeing to be bound by its terms.
The party’s attorney by whom the disclosure was made shall retain a copy of the signed Order in
the event if is required for later proceedings or demanded by opposing counsel.
13.

This Confidentiality Agreement is effective on the date agreed to by the

parties which may predate the entry of this order set forth below.
14.

Should any portion of this Confidentiality Agreement be deemed

unenforceable, that portion of this agreement shall not invalidate the remainder of the provision
of the section or the agreement.

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15.

This Confidentiality Agreement shall be governed by the laws of

Nebraska. In the event of any action arising hereunder, venue shall be proper in the District
Court of Douglas County, Nebraska.
16.

The parties reserve the right to change or modify this Confidentiality

Agreement in writing at any time, provided that no change is effective against or binding upon
any party unless and until any written change or modification is signed by that party or its
counsel.
17. The Court may modify this Protective Order at any time for good cause
shown following notice to all parties and an opportunity for the parties to be heard.
IT IS HEREBY ORDERED.
DATED this 30th day of December, 2014.

s/ Cheryl R. Zwart
UNITED STATES MAGISTRATE JUDGE

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Respectfully submitted and stipulated,
By /s/Susan M. Foster
.
Susan M. Foster NE #24192
JACKSON LEWIS P.C.
10050 Regency Circle, Suite 400
Omaha, NE 68114
402-391-1991
402-391-7363 FAX
Email: [e-mail]
And
Emily M. Petroski
JACKSON LEWIS P.C.
2000 Town Center, Suite 1650
Southfield, MI 48075
[phone]
[phone] FAX
[e-mail]
Admitted pro hac vice
Attorneys for Defendant Zoetis, Inc.

By /s/Terry A. White
Terry A. White
Carlson, Burnett Law Firm
816 South 169th Street
Omaha, NE 68118
402-934-5920
402-934-5920 FAX
[e-mail]

.

Plaintiff’s Attorney

By /s/Brian E. Spang
.
Brian E. Spang
McGuire, Woods Law Firm
77 West Wacker, 41st Floor
Chicago, IL 60601
312-849-8100
312-849-3690 FAX
[e-mail]
Admitted pro hac vice
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And
Robert B. Evnen
Woods Aitken Law Firm
301 South 13th Street, STE 500
Lincoln, NE 68508
402-437-8500
402-437-8558 FAX
[e-mail]
Attorneys for Defendant Manpower US, Inc.
And

4846-0471-0432, v. 1

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