Shaddick v. Western Heritage Credit Union
Filing
19
JOINT STIPULATION FOR PROTECTIVE ORDER granting Stipulation 18 . Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CASE NO. 8:16-cv-00011-RGK-CRZ
MICHAEL R. SHADDICK,
JOINT STIPULATION FOR
PROTECTIVE ORDER
Plaintiff,
v.
WESTERN HERITAGE CREDIT UNION,
Defendant.
WHEREAS, the parties to this proceeding, Michael R. Shaddick and Western Heritage
Credit Union, (referred to herein individually as “Party,” or collectively as “Parties”), wish to
protect certain confidential documents and information from public dissemination and agree to
prevent such dissemination pursuant to the terms of the following Stipulation for Protective
Order and jointly move the Court for approval of this stipulation;
The Parties anticipate that they may produce each respective Party’s proprietary business
records; financial records and documents; employee personnel files, including information
required by law to be protected from public disclosure; business plans; and/or trade secrets that
are not otherwise publicly available (hereinafter, collectively referred to as "Confidential
Information").
WHEREAS Confidential Information should not be released into the public domain, but
rather should be treated as confidential pursuant to the privacy interests of the Parties;
WHEREAS the Parties, through counsel, have agreed to be bound by this Stipulation for
Protective Order and consent to the entry of this Stipulation for Protective Order to prevent
unnecessary disclosure or dissemination of Confidential Information.
IT IS HEREBY STIPULATION FOR, AGREED AND ORDERED that the terms and
conditions of this Stipulation for Protective Order shall govern the handling of the documents
and other information produced by any Party:
1.
This Stipulation for Protective Order is entered for the purposes of this case and
shall remain in full force and effect unless modified by an Order of this Court. Without limiting
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the foregoing, this Stipulation for Protective Order shall survive and remain in full force and
effect after the termination of this litigation.
2.
This Stipulation for Protective Order shall become effective upon the signature of
the Honorable Cheryl R. Zwart, United States Magistrate Judge for the District of Nebraska.
3.
Nothing in this Stipulation for Protective Order shall limit or preclude the Parties
from applying to the Court to modify the terms herein, or for further or additional protective
orders as the Court may deem appropriate.
4.
When used in this Stipulation for Protective Order, the word "documents" means
all written, recorded, graphic, or Electronically Stored Information whatsoever including, but not
limited to, documents produced by a producing Party to this action whether pursuant to Federal
Rules of Civil Procedure 34, a subpoena, or by agreement.
5.
For purposes of this Stipulation for Protective Order, the term “Party” includes a
Party’s agents, attorneys, directors, employees, members, officers and partners.
6.
Portions of documents and materials produced or provided by any Party and that
are marked “CONFIDENTIAL” shall be considered confidential material so long as such
materials fall within the above definition of “Confidential Information”. The producing Party
shall designate clearly on any document or other material produced that its contents should be
confidential, by labeling or identifying each document or other material as “CONFIDENTIAL.”
7.
Confidential Information shall not include documents or information that a Party
acquired from, or made available to, a third party or non-party to this suit, which documents or
information, at the time of acquisition by, or transmittal to, the possessing Party to or from the
third party or non-party, were not subject to a separate express, written protective order or
confidentiality agreement between the possessing Party and the third party or non-party, or
unless such documents or information is Confidential Information.
8.
Documents labeled or identified as “CONFIDENTIAL” shall be revealed only to
and used by:
a.
This Court and its staff/personnel;
b.
Parties and counsel for Parties, along with those employed by counsel;
c.
Any arbitrator, mediator, or other alternative dispute resolution facilitator
in front of whom the Parties agree to appear or are ordered to appear;
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d.
Independent experts or consultants retained by counsel or Parties, and
deposition or trial witnesses who may examine “CONFIDENTIAL”
materials in connection with discovery and the presentation of evidence in
court proceedings in this matter, and who, before receiving such materials
or information, have signed a Nondisclosure Agreement in the form
attached as Exhibit "A", certifying that they have read this Stipulation for
Protective Order and agree to be bound by its terms;
e.
Third-party vendors retained by the Parties or their counsel who are
involved in one or more aspects of copying, reproducing, coding, or
storing discovery materials;
f.
Persons actually deposed or called to testify at hearings or trial concerning
such Confidential Information; and,
g.
Such other persons as the Court may specifically approve after notice and
hearing.
9.
No access to Confidential Information shall be provided to any expert or
consultant, as identified in Paragraph 8(d) herein, until the individual to be accorded access has
signed a Nondisclosure Agreement in the form attached as Exhibit "A", certifying that they have
read this Stipulation for Protective Order and agree to be bound by its terms. This Stipulation for
Protective Order shall not be construed to allow discovery or compel disclosure of the identities
of, or any other non-discoverable information regarding, non-testifying or consulting experts.
10.
No “CONFIDENTIAL” material may be used by any recipient or disclosed to
anyone for any purpose other than in connection with this action and shall not be disclosed by
the recipient to anyone other than those persons designated above, unless and until the
restrictions herein are removed either by written agreement of counsel for the Parties or by Order
of the Court.
11.
If timely corrected, an inadvertent failure to designate qualified information or
materials as “CONFIDENTIAL” does not, standing alone, waive any Party’s right to secure
protection for such material. If information or material is appropriately designated as
“CONFIDENTIAL” after the material was initially produced, the receiving Party, on timely
notification of the designation, must make reasonable efforts to assure that the material is treated
in accordance with the provisions herein.
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12.
Acceptance by a Party of any information, document or thing identified as
"CONFIDENTIAL" hereunder does not waive the receiving Party’s right to contest or challenge
the other Party’s claim that the information, document or thing is confidential. Any Part y may
bring before the Court the question of whether particular information designated as
“CONFIDENTIAL” is in fact Confidential Information. However, the Parties shall agree to
attempt to resolve any such disputes prior to bringing them to the Court. Until the Court has ruled
on any disputed designations of confidentiality, the Parties shall treat information and
documents properly designated as “CONFIDENTIAL” by another Party as such. Nothing herein
shall preclude either Party from challenging in court the confidential status of any document.
Upon a challenge of confidentiality before the Court, the Party claiming confidentiality of certain
information and/or document(s) bears the burden of proving that such information and/or
document(s) is Confidential Information.
13.
Should circumstances arise in which any Party wishes to designate as
“CONFIDENTIAL” any material or information that is contained in a deposition transcript, the
Party shall indicate orally at the time of the deposition which certain parts of the testimony it
intends to designate as confidential, or will so designate within thirty days after receipt of the
deposition transcript, by advising the other Parties of the specific portions of the testimony it
contends are confidential, unless the Parties agree to an extension of that period of time. Until
the period of time for designation has passed, or until the Court has ruled on any disputed
designations of confidentiality, the Parties shall treat the designated portions of any deposition
transcripts as “CONFIDENTIAL.”
14.
Nothing in this Stipulation for Protective Order is intended to limit, enhance or
otherwise affect the scope of permissible discovery or the use or admissibility of evidence at
trial. This Stipulation for Protective Order is not intended to eliminate, or provide additional,
objections or defenses to discovery, including any such objections or defenses based on any
legally recognized privileges or protections.
15.
If a non-party, by subpoena or otherwise, provides or produces documents or
information containing Confidential Information, any Party may designate such documents or
information as “CONFIDENTIAL” within thirty days of being notified of the production, and
the document or information shall then be subject to the terms of this Stipulation for Protective
Order. Except as outlined herein, this Stipulation for Protective Order does not confer any
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additional rights or obligations on a non-party that is called upon to produce documents or
information containing Confidential Information.
16.
Upon final disposition of this matter by a court of competent jurisdiction or upon
conclusion of any settlement, all Confidential Information furnished or produced under the terms
of this Stipulation for Protective Order, including all copies thereof and all documents
incorporating such information, except all pleadings filed with the Court, all exhibits marked in
discovery or at trial, and material which, in the judgment of the attorney in possession of the
materials, are work product materials, shall be destroyed or delivered to counsel of the producing
Party, unless otherwise agreed in writing. Counsel for the Parties may retain all materials in their
files relating to this case, but in so doing must comply with the terms set forth herein, meaning
that all Confidential Information must be retained in confidence under the terms of this
Stipulation for Protective Order.
17.
By complying with this Stipulation for Protective Order, no Party waives any
right it would otherwise have to object to disclosing or producing records on any ground not
addressed herein. Similarly, no Party waives any right to object on any ground to use in
evidence or during pretrial discovery or during trial of Confidential Information.
18.
Any waiver under this Stipulation for Protective Order must be made in writing or,
if at a deposition or in Court, on the record.
March 24, 2016.
BY THE COURT:
_______________________
Cheryl R. Zwart
United States Magistrate Judge
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Exhibit A
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MICHAEL R. SHADDICK,
Plaintiff,
CASE NO. 8:16-cv-00011-RGK-CRZ
NONDISCLOSURE AGREEMENT
v.
WESTERN HERITAGE CREDIT UNION,
Defendant.
I, ____________________________, do hereby acknowledge that I have received and
read the Stipulation for Protective Order entered in the above entitled case. I understand the
terms of that Stipulation for Protective Order, and I agree to be bound by its terms and to be
subject to the jurisdiction of this Court for enforcement of all terms of the Stipulation for
Protective Order and for judicial action for any violation of the Stipulation for Protective Order.
DATED this ____ day of ____________, 201__.
__________________________
STATE OF _______ )
) ss.
COUNTY OF______)
Subscribed and sworn to before me this ___ day of _________, 201__.
____________________________________
Notary Public
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