Heer v. Creighton University, et al.

Filing 28

STIPULATED PROTECTIVE ORDER. Ordered by Magistrate Judge F.A. Gossett. (JSF)

UNITED STATES DISTRICT COURT
DISTRICT OF NEBRASKA
JODI HEER, an individual,

)
)
Plaintiff,
)
)
v.
)
)
CREIGHTON UNIVERSITY, a Nebraska )
Nonprofit Corporation,
)
PAT STEELE, an individual,
)
KATHY TAGGART, an individual,
)
DR. KATHY STEVENS, an individual,
)
DR. KRISTEN DRESCHER, an individual, )
And LYNNE CARUSO, an individual,
)
)
Defendants.
)

Case No.: 8:14-CV-00190

STIPULATED
PROTECTIVE ORDER

In light of the nature of this action, the parties are likely to propound and receive
discovery requests, and solicit and receive testimony, seeking the disclosure of confidential
information (personnel records, criminal or educational records to the extent not otherwise
public, medical/health information and/or records, wage information and non-public, proprietary
business records and documents and financial data). Disclosure of such information may violate
the privacy of parties and/or third parties who have not authorized public disclosure of such
information.
Having considered the parties’ proposed Stipulated Protective Order, and it appearing to
the Court that good cause exists under Fed. R. Civ. P. 26(c), the Court enters the following:
1.

Information (whether in the form of documents, interrogatory responses,

deposition testimony, or other form) produced or exchanged by any of the parties to this action,
or any of their attorneys, concerning employment and/or personnel records, medical/health
information and/or records, criminal records and/or information, educational records not
otherwise public, wage information and non-public, proprietary business records and documents

and financial data shall not be disclosed except as provided in this Order. The above information
shall hereafter be referred to as "Confidential Information" in this Order, and shall be designated
as such pursuant to paragraph 3, below. Counsel for the party designating any information as
confidential may, in writing and without Court approval, agree to release any of the Confidential
Information from the requirements of this Order.
2.

All Confidential Information produced or obtained from any other party in the

course of this action, through discovery or otherwise, shall be used by the party to whom such
information is produced solely for the purpose of this litigation and for no other purpose and the
Confidential Information shall not otherwise be disclosed to any other persons than those
designated in Paragraph 4, below. Confidential Information may be used in a manner consistent
with the terms of this Order and subject only to the limitations stated in this Order, in pretrial
discovery and at the trial or preparation for trial and any appeals of this action.
3.

Documents or information produced or provided by the parties during the course

of discovery may be designated as “Confidential Information” as long as the party seeking
confidentiality has a good faith belief that such document or information is entitled to
confidentiality under the terms of this Order. A party may designate materials and documents as
“Confidential” at the time of production or within thirty (30) days thereafter. To designate
information as “Confidential,” the producing party shall place a legend or stamp upon the
document that places the recipient on reasonable notice that it contains “Confidential”
information. Inadvertent failure to designate as “Confidential” shall not be construed as a
waiver, in whole or in part, and may be corrected by the producing party by written notification
to the recipient promptly upon discovery of the failure to designate. The parties will follow the

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Court’s administrative procedures for electronically filing documents subject to this Protective
Order.
4.

Neither the Confidential Information nor its contents shall be disclosed to any

person, without the agreement of the party designating the information as confidential,
PROVIDED that counsel may, without further agreement or Court order, disclose Confidential
Information or its contents to the following persons for use solely in connection with this action:
a.

The named parties to this action, all of whom have agreed to be bound and are
bound by the terms of this Order;

b.

Attorneys and legal assistants of counsel’s firm and to any other employees of
counsel’s firm who shall handle the Confidential Information under normal office
procedure;

c.

Experts or consultants retained by the parties in this action;

d.

Any person who is an officer, director or employee of any reproduction or
litigation document handling service whom counsel specifically authorizes to
work on this case;

e.

Any person from whom testimony is being taken, has been taken or is reasonably
expected to be taken in this action (whether in deposition or at trial), at a
reasonable time before such testimony or during such testimony;

f.

The Court and its personnel before which this action is pending and any members
of a jury; and

g.

Any court reporters and/or videographers present in their official capacity at any
hearing, deposition or other proceeding in this action.

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5.

Except for the persons referenced in subparagraphs 4(f) and (g) above, counsel

shall: (a) instruct all persons identified in Paragraph 4 above to maintain the confidentiality of
information protected by this Order; (b) furnish all such persons a copy of this Order; and (c)
ensure the compliance of such persons with this Order. Plaintiff is specifically forbidden from
disclosing Defendant’s Confidential Information to any family member or any attorney with
whom Plaintiff consults who has not entered a notice of appearance in this case. Each person
referred to in subparagraph 4(c). who has been shown or given access to Confidential
Information, or information derived therefrom, shall sign an acknowledgment stating that he or
she has read a copy of this Order and agrees to be bound by its provisions, which
acknowledgment shall be retained by counsel for the receiving party who provides such material
or information to such person. A copy of the acknowledgment will be delivered to the opposing
counsel, upon request, after the parties have designated experts.
6.

In the event Confidential Information is used in depositions, the reporter shall be

instructed either by a statement on the record by counsel at the time of the deposition, or by
written notice to all counsel within thirty (30) days after the receipt of the transcript that the
portions of the depositions relating to the Confidential Information, as well as any “Confidential”
documents used as exhibits, shall be maintained under separate cover, with each page thereof
clearly marked as “Confidential” or words to that effect.
7.

The parties will seek the permission of the Court before filing any documents

under seal by filing a motion with the court and being granted leave to file the information under
seal. Upon such leave, the parties shall follow the administrative procedures of the Court for
filing any documents under seal. All materials designated as Confidential Information that are
filed with the Court, and any pleading, motion or other papers filed with the Court containing or

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disclosing such information, shall be filed and kept under seal until further order of the Court;
provided, however, that such information shall be available to the Court and other persons to
whom Confidential Information may be disclosed in accordance with paragraph 4 of this
Protective Order.
8.

In the event that a party inadvertently produces information that is protected by

the attorney-client, work product doctrine or any other privilege, within a reasonable time after
the producing party or third party discovers the inadvertent disclosure, the producing party or
third party may make a written request to the other parties to return the inadvertently produced
document. If a party inadvertently produces documents that are subject to the attorney-client
privilege or work product doctrine, the receiving party shall, upon request by the producing
party, return all such documents without retaining any copies and shall not use the documents or
the information contained in those documents for any reason. The receiving party does not
concede that the document is privileged and has not waived the right to later challenge the
privilege claim; except the receiving party may not challenge the privilege claim by arguing that
the inadvertent production waived the privilege.
9.

Prior to the time of trial or at such earlier time as it becomes necessary for the

parties to rely upon Confidential Information in connection with a motion or hearing, the parties
shall attempt in good faith to remove the physical label designation of "Confidential" with
respect to deposition transcripts and exhibits to the greatest extent possible.
10.

Except for this action, the parties agree that if a party is required by law or order

of governmental or judicial body to release Confidential Information produced by another party
or third party as to which it obtained access pursuant to the Protective Order, the party so
required shall notify the producing party or third party in writing within three (3) working days

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or receipt of actual notice or within three (3) working days of the determination that the
Confidential Information is to be released or within three (3) working days prior to such release,
whichever is soonest, to permit the producing party or third party to contest the release.
11.

This Order has no effect upon, and its scope shall not extend to, any party’s use of

its own Confidential Information.
12.

Producing or receiving materials or otherwise complying with the terms of this

Order shall not (a) operate as an admission by any party that any particular discovery material
contains or reflects any Confidential Information or a trade secret under applicable law; or (b)
prejudice in any way the rights of any party to object to the production of documents it considers
not subject to discovery or otherwise protected from or limited in discovery on the basis of
privilege or otherwise; or (c) prejudice in any way the rights of a party to seek a Court
determination regarding whether particular discovery materials should be produced; or (d)
prejudice in any way the rights of a party to apply to the Court for any additional protection with
respect to the confidentiality of information as that party may consider appropriate.
13.

Unless a court orders otherwise, the parties and their counsel shall continue after

termination of these proceedings to keep confidential the information subject to this Order.
Within thirty (30) days after the conclusion of this litigation, the recipient shall return to the
producing party all Confidential Information and all copies and other documents incorporating
such information. Alternatively, at the request of the producing party, the recipient shall destroy
all such materials and certify in writing that the materials have been destroyed.
14.

Any party may at any time and for any reason seek modification of this Protective

Order. In the event either party disputes the appropriateness of the other’ s designation of
documents or information as confidential pursuant to this Order, then the party shall first attempt

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to resolve the issue with opposing counsel and then, if unsuccessful, may apply to the Court for
an order declaring specific documents or information to be removed from the Protective Order
and no longer treated as confidential. This Protective Order can be modified only by written
agreement approved by the Court or by Order of the Court. Each party reserves the right to
object to any party’s motion or request to modify this Protective Order.
IT IS SO ORDERED this 22nd of December, 2014.
BY THE COURT:

s/ F.A. GOSSETT, III
UNITED STATES MAGISTRATE JUDGE

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