Millard Gutter Company v. State Farm Fire and Casualty Company

Filing 42

STIPULATED PROTECTIVE ORDER granting 41 Joint Motion for Protective Order. Ordered by Magistrate Judge F.A. Gossett. (SMN)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MILLARD GUTTER COMPANY,
a Corporation d/b/a
MILLARD ROOFING AND GUTTER,
Plaintiff,
v.
STATE FARM FIRE AND CASUALTY
COMPANY a/k/a STATE FARM
INSURANCE COMPANY a/k/a
STATE FARM,
Defendant.

)
)
)
)
)
)
)
)
)
)
)
)
)
)

8:15CV406

STIPULATED
PROTECTIVE ORDER

THIS MATTER comes on before the Court upon the stipulation of the parties for
the entry of this Protective Order.

Upon consideration thereof, the Court hereby

ORDERS as follows:
1.

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
following manners:
a.

By imprinting the word "confidential" on the first page, footer, cover
sheet, or in the electronic file name of any document produced.

b.

By imprinting the word "confidential" next to or above any Answer
to any Interrogatory or any other written discovery response.

c.

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 labeling
them as "confidential."
2.

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:
a.

Such documents or information shall be used only for the purpose
of this litigation and not for any business or other purposes
whatsoever.

b.

Such documents or information shall not be communicated or
disclosed in any manner, either directly or indirectly, to anyone
other than:
(1)

The attorneys of record and persons employed by them;

(2)

Outside experts who have, prior to disclosure, agreed to be
bound by the terms of this Protective Order;

(3)

Plaintiff or Defendant and their officers, employees, or
agents, including insurers, who have a need to know for
purposes of this litigation;

(4)

This Court and Court personnel; and

(5)

Such other persons as the Court may specifically approve
after notice and hearing.

c.

That all information designated as "confidential" in whatever format
shall be furnished only under the terms of this Protective Order and
shall be treated by all persons accorded access pursuant to this
Protective Order as constituting Confidential Information and shall
2

neither be used nor disclosed except for the purpose of this
litigation, and solely in accordance with this Protective Order or
subsequent Order of the Court.
d.

No Confidential Information shall be further disclosed to anyone
except those categories of persons provided herein who have
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.

e.

Individuals authorized to review Confidential Information pursuant
to this 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.

f.

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.

g.

There shall be no reproduction whatsoever of any confidential
documents or information, except that, as required in the course of
3

this litigation, copies, excerpts, or summaries may be shown or
given to those persons authorized by this Protective Order to
receive such documents or information.
h.

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 this Order.

3.

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.
4.

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
4

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 this Order.
DATED this 3rd day of March, 2017.

BY THE COURT:

s/ F.A. Gossett, III
United States Magistrate Judge

5

NONDISCLOSURE AGREEMENT

I, ______________________________, certify that I have read the Protective
Order entered in the case of Millard Gutter Company, a corporation d/b/a Millard
Roofing and Gutter v. State Farm Fire and Casualty Company a/k/a State Farm
Insurance Company a/k/a State Farm, Case No. 8:15-CV-406, which is pending in the
United States District Court for the District of Nebraska. I understand the terms of that
Protective Order and I agree to be bound by its terms.

________________________________