Norfolk Transmission & Muffler Service, Inc. v. Auto-Owners Insurance Company

Filing 46

PROTECTIVE ORDER. Ordered by Magistrate Judge Susan M. Bazis. (ADB)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA

NORFOLK TRANSMISSION &
MUFFLER SERVICE, INC.,
Plaintiff,
vs.
OWNERS INSURANCE COMPANY,
Defendant.

)
)
)
)
)
)
)
)
)
)

CASE NO. 8:16-CV-489

PROTECTIVE ORDER

Upon request of the parties for a protective order concerning documents, information
and/or materials produced during the course of a 30(b)(6) deposition (Filing No. 43),

IT IS HEREBY ORDERED:

1.

All Classified Information produced or exchanged in the course of this litigation shall be
used solely for the purpose of preparation and trial of this litigation and for no other
purpose and shall not be disclosed to any person except in accordance with the terms
hereof.

2.

“Classified Information,” as used herein, means any information of any type, kind or
character which is designated as “Confidential,” including but not limited to documents
and information revealed in the parties’ Answers to Interrogatories and Responses to
Request for Production of Documents. The parties shall make such designation only as
to the information that it in good faith believes contains confidential information.

3.

“Qualified Persons,” as used herein means:
a.

Attorneys of record for the parties in this litigation and employees of such
attorneys to whom it is necessary that the material be shown for purposes of this
litigation;

b.

Actual or potential independent technical experts or consultants who have
agreed to be bound by the terms of this Protective Order;

c.

The party or party representatives (in cases where the party is a legal entity) to
whom it is necessary that the material be shown for purposes of litigation;

d.

Any deponent and/or witness in this litigation; provided however that any
deponent or witness who is shown confidential information (1) must be instructed
to keep the information confidential consistent with the terms of this protective
order and (2) may not be provided with copies of the confidential information
except in the course of a deposition or in the context of meeting with attorneys of
record for the parties in this litigation and employees of such attorneys.

e.

Any other person may be designated as a Qualified Person by order of this Court
after notice and hearing to all parties.

4.

Documents produced in this action shall be designated as “Confidential” information by
marking each page of the document(s) with a stamp stating “Confidential”.

5.

Information disclosed at the deposition of a party or one of its representatives, including
former officers or agents, or the deposition of a third party (which information pertains to
a party), may be designated by any party as “Confidential.”
Once the party receives the transcript of the deposition, they shall notify all of the parties
in writing within thirty (30) days of the specific pages and lines of the transcript which
should be treated as “Confidential” thereafter.

Each party shall attach a copy of such

written notice or notices to the face of the transcript and each copy thereof in his
possession, custody or control.

All deposition transcripts shall be treated as

“Confidential” for a period of thirty (30) days after the receipt of the transcript.
6.

“Confidential” information shall not be disclosed or made available by the receiving party
to persons other than Qualified Persons.

7.

Documents unintentionally produced without designation as “Confidential” may be
retroactively designated in the same manner and shall be treated appropriately from the
date written notice of the designation is provided to the receiving party.

8.

Nothing herein shall prevent disclosure beyond the terms of this order if each party
designating the information as “Confidential” consents to such disclosure or, if the Court,
after notice to all affected parties, orders such disclosures. Nor shall anything herein
2

prevent any counsel of record from utilizing “Confidential” information in the examination
or cross-examination of any person who is indicated on the document as being an
author, source or recipient of the “Confidential” information, irrespective of which party
produced such information.
9.

A party shall not be obligated to challenge the propriety of a designation as
“Confidential” at the time made, and a failure to do so shall not preclude a subsequent
challenge thereto. If a party wishes to challenge the “Confidential” designation, the
parties shall first try to resolve such dispute in good faith on an informal basis, such as
by production of redacted copies.
If the dispute cannot be resolved, the objecting party may object to the designation in
writing to the party who has designated the document or information as “Confidential.”
The designating party must then move the Court for an order preserving the designated
status of such information within fourteen (14) days of receipt of the written objection,
and failure to do so shall constitute a termination of the restricted status of such item.
The parties may, by stipulation, provide for exceptions to this order and any party may
seek an order of this Court modifying this Protective Order.

10.

Nothing shall be regarded as “Confidential” information if it is information that either:
a.

is in the public domain at the time of disclosure, as evidenced by a written
document;

b.

becomes part of the public domain through no fault of the other party, as
evidenced by a written document;

c.

the receiving party can show by written document that the information was in its
rightful and lawful possession at the time of disclosure; or

d.

the receiving party lawfully receives such information at a later date from a third
party without restriction as to disclosure, provided such third party has the right to
make the disclosure to the receiving party.

11.

In the event a party wishes to use any “Confidential” information in any affidavits, briefs,
memoranda of law, or other papers filed in Court in this litigation, such “Confidential”
information used therein shall be filed under seal with the Court.
3

12.

Within one hundred twenty (120) days after conclusion of this litigation and any appeal
thereof, any document and all reproductions of documents produced by a party in the
possession of any of the persons qualified under Paragraphs 3(a) through (d) shall be
returned to the producing party.

As far as the provisions of any protective orders

entered in this action restrict the communication and use of the documents produced,
such orders shall continue to be binding after the conclusion of this litigation.
13.

Any party designating any person as a Qualified Person shall have the duty to
reasonably ensure that such person observes the terms of this Protective Order and the
parties to this agreement consent to the jurisdiction of this Court over the parties hereto
indefinitely respecting any dispute between them concerning improper use of information
disclosed under protection of this Order.

14.

This Order shall be subject to modification by the Court at any time.
Dated this 18th day of August, 2017.

BY THE COURT:

s/ Susan M. Bazis
United States Magistrate Judge

4