Weis v. Triage Staffing, Inc.

Filing 29

STIPULATED PROTECTIVE ORDER granting 28 Joint Motion and Stipulation for Protective Order. Ordered by Magistrate Judge Cheryl R. Zwart. (SLP)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
AMY WEIS,

CASE NO. 8:16-cv-356

Plaintiff,
v.

JOINT MOTION AND STIPULATION
FOR PROTECTIVE ORDER

TRIAGE STAFFING, INC.,
Defendant.
WHEREAS, the parties to this proceeding, Amy Weis and Triage Staffing, Inc., (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 there may be produced a party’s confidential and sensitive
personal and medical information (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 Confidential Information should also not be released to Triage Staffing, Inc.
itself or any of its employees or owners, to protect the privacy of Amy Weis;
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 to anyone but counsel of
record in this matter and consultants or expert witnesses who agree to and execute the attached
Exhibit A, agreeing to be bound by the terms of this stipulation.
IT IS HEREBY STIPULATED TO, 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:

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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
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 be effective between the parties

immediately upon signing and filing it with the United States District Court 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 Nebraska
Rules of Civil Discovery, 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-ATTORNEY EYES ONLY” 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-ATTORNEY EYES ONLY.”
7.

All documents requested by and/or produced in response to a subpoena to a non-

party or otherwise produced by a non-party shall be presumed to be Confidential Information
pursuant to this Stipulation for Protective Order and treated as such, unless otherwise ordered by
the Court or agreed to by the Parties and the non-party producing such documents. The
presumption expires after 14 days from when the Parties receive the non-party’s production
unless within that time period a Party or the non-party producing the documents designates the
documents “CONFIDENTIAL-ATTORNEY EYES ONLY” pursuant to this Stipulation for
Protective Order.

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8.

Documents labeled or identified as “CONFIDENTIAL-ATTORNEY EYES

ONLY” shall be revealed only to and used by:
a.

This Court and its staff/personnel (offered under seal or as restrictedaccess documents pursuant to the Court’s local rules);

b.

Counsel of record in this action 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;

d.

Independent experts or consultants retained by counsel or Parties, and
deposition or trial witnesses who may examine “CONFIDENTIALATTORNEY EYES ONLY” 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-ATTORNEY EYES ONLY”-designated material may be

used by any recipient or disclosed to anyone for any purpose other than in connection with this
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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-ATTORNEY EYES ONLY” does not, standing alone, waive
any Party’s right to secure protection for such material. If information or material is
appropriately designated as “CONFIDENTIAL-ATTORNEY EYES ONLY” 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.
12.

Acceptance by a Party of any information, document or thing identified as

"CONFIDENTIAL-ATTORNEY EYES ONLY" 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-ATTORNEY EYES ONLY” 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-ATTORNEY EYES ONLY” 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-ATTORNEY EYES ONLY” 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

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ruled on any disputed designations of confidentiality, the Parties shall treat the designated
portions of any deposition transcripts as “CONFIDENTIAL-ATTORNEY EYES ONLY.”
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-ATTORNEY EYES ONLY” 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.
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.

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Dated this 2017.
January 26,____ day of _______________, 2017. BY THE COURT:
BY THE COURT:

_______________________

________________________________
Cheryl R. Zwart
Honorable Cheryl R. Zwart
United States Magistrate Judge
United States Magistrate Judge

Stipulation approved as to form and substance:
AMY WEIS, Plaintiff

TRIAGE STAFFING, INC., Defendant

By: /s/ Bonnie M. Boryca________________
Bonnie M. Boryca, #24886
ERICKSON | SEDERSTROM, P.C.
10330 Regency Parkway Drive, Suite 100
Omaha, NE 68114
[phone]
[e-mail]
Plaintiff’s Attorneys

By:____/s/ Damien J. Wright________________
Larry E. Welch, Jr., #20507
Damien J. Wright, #23256
Welch Law Firm, P.C.
1299 Farnam Street, Suite 1220
Omaha, NE 68102
Defendant’s Attorneys

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Exhibit A
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
AMY WEIS,

CASE NO. 8:16-cv-356

Plaintiff,
v.

NON DISCLOSURE AGREEMENT

TRIAGE STAFFING, INC.,
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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