Ury v. Union Pacific Railroad Company et al

Filing 31

STIPULATED PROTECTIVE ORDER granting 30 Joint Motion for Protective Order. Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
RODNEY R. URY,

)
)
Plaintiff,
)
)
v.
)
)
UNION PACIFIC RAILROAD COMPANY, )
et al.,
)
)
Defendants.
)

STIPULATED PROTECTIVE
ORDER
Case No. 16-cv-00260

This matter comes before the Court on the Joint Motion of the parties for entry of a
Stipulated Protective Order. For good cause shown the motion is granted and the Court enters
this Stipulated Protective Order to govern discovery and other matters in this case:
1. Stipulation and Agreement in this Party. In this action, the parties have sought and
are seeking protected data and documents, which include the DriveCam data,
documents, and the personnel file of Lauren Anderes, or copies thereof. The parties
also anticipate that there will be questioning concerning confidential information in
the course of depositions. The parties assert that the disclosure of such information
outside the scope of litigation could result in significant injury to one or more of the
parties’ business interests. The parties also assert the need for this protective order
also applies to any information or materials that contain or are related to the above
referenced items produced by a non-party as a result of discovery subpoenas or other
methods. The parties have agreed to the entry of this protective order and request the
court enter the protective order for the purposes of preventing the disclosure and use
of the protective data and documents by any party or non-party except as set forth
herein. The terms of this protective order shall apply to any information or materials

produced by either party that contains DriveCam video, data, documents, the
personnel file of Lauren Anderes, or copies thereof. Every attorney with law firms
representing parties in this case shall be deemed to be subject to this protective order
and shall be deemed to have actual knowledge of the restrictions herein.
2. Treatment of Confidential Information. Any confidential information shall be treated
as confidential by the parties, their attorneys, and persons assisting their attorneys as
follows:
a. Confidential information shall be used only for the purposes of this litigation,
including any appeals, and may not be used for any purpose or disclosed in
any manner outside of the reasonable conduct of this case;
b. Confidential information shall not be disclosed to anyone other than the court
and its staff, the parties hereto, their attorneys of record in this litigation, and
their employees who are assisting such attorneys in this litigation, any in
house counsel, court reporters who record, a deponent and other testimony,
witnesses, deponents, consultants, and/or experts;
c. If the protected data and documents are reproduced each copy or portion of a
copy thereof shall be numbered and RCX shall be notified of the number of
copies made. The original and all such copies shall be returned to RCX at the
conclusion of litigation; and,
d. The parties herein, their attorneys, and all experts to whom the protective data
and documents is disclosed shall, before the obtaining access thereto, be
shown and read a copy of the protective order and shall agree to be bound by
the terms thereof and to submit to the court’s jurisdiction for purposes of

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enforcement or compliance. Such individuals shall sign a signature page of
the photocopy of the stipulated motion and protective order and said such
signature pages shall be supplied to the attorney for RCX.

Upon final

determination or resolution of this action, the protected data and documents
shall be promptly returned to counsel for RCX.

IT IS SO ORDERED.

Dated this 24th day of January, 2017.
BY THE COURT:
s/Cheryl R. Zwart
United States Magistrate Judge

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