Meyer et al v. Currie Tech Corp. et al

Filing 43

PROTECTIVE ORDER - This matter is before the Court upon the Joint Motion for Protective Order. (Filing No. 41 .) Having considered the matter, the motion is granted. Ordered by Magistrate Judge Susan M. Bazis. (KLF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MICHAEL MEYER, an Individual, and
MARCIE MEYER, an Individual,
Plaintiffs,
vs.
CURRIE TECH CORP.,
a Delaware Corporation, and
ACCELL NORTH AMERICA, INC.,
a Delaware Corporation,
Defendants.

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CASE NO. 8:16-CV-542

PROTECTIVE ORDER

This matter is before the Court upon the Joint Motion for Protective Order. (Filing No.
41.) Having considered the matter, the motion is granted.

Accordingly,

IT IS ORDERED that all information, including documents, photographs, and testimony
produced and obtained during the course of discovery which the producing party claims
constitutes or contains confidential or proprietary information (hereinafter referred to as
“Confidential Information”) and has therefore marked or otherwise designated as confidential in
the manner set forth below, is subject to the following terms and conditions:

1.

For purposes of this Agreement, “Confidential Information” means: (a) any
policies of liability insurance covering Currie Tech Corp. Accell North America,
Inc., and Accell Group N.V., and (b) any documents and/or correspondences
containing trade secrets and/or proprietary information produced hereinafter that
are designated as confidential by Currie Tech Corp. and Accell North America,
Inc.

2.

Confidential Information shall be designated as such pursuant to the following

conditions:
a.

In the case of documents (including electronically stored information)
produced in hard copy or electronically, by placing the word
“Confidential” on each page designated confidential provided, however,
Social Security numbers of non-party employees may be redacted prior to
disclosing documents containing such information;

b.

In the case of responses to written discovery, by inserting the word
“Confidential” prior to each response containing Confidential Information;
and

c.

In the case of depositions, by either designating testimony as confidential
on the record during the deposition or in correspondence sent to all parties
within 30 days after receipt of the transcript of the deposition, provided,
however, all depositions of the parties or their current or former
employees shall be deemed to be Confidential Information until 30 days
after receipt of the transcript of the deposition.

3.

The protection granted by this Order shall encompass the documents in their
entirety. Upon receiving the Confidential Information, counsel is responsible for
abiding by the terms and conditions of this Protective Order.

4.

Inadvertent failure to so designate prior to production as set out in paragraphs 2
“a”-“c” will not prevent a subsequent “Confidential” designation. Any use of
such documents prior to actual notice of designation as “Confidential” shall not
constitute a violation of this Order.

5.

Counsel may be provided with a single copy of the Confidential Information,
except as otherwise agreed between the parties’ counsel. No copies are to be
made, other than those necessary for counsel to use in accordance with this
Protective Order, in preparation for the case and those incidental to incorporation
into a Brief or other document or material to be filed with this Court.

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6.

In the event that either party files with the Court any Confidential Information
supporting a discovery Motion, dispositive Motion, or pre-trial Motion, counsel
shall file such documents under seal pursuant to the Rules of this Court.

7.

Confidential Information shall only be disclosed or disseminated to, and used by,
persons identified as “Qualified Persons” defined in paragraph 8 “a”-“e” for
purposes of this litigation or any appeals taken therefrom, and shall not be used
for any other purpose whatsoever.

8.

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

To the parties, their claim administrators, and their counsel, including firm
lawyers, firm paralegals, and firm support personnel who are working on
this action with counsel, who shall collectively be bound by the terms of
this Order;

b.

To persons employed by counsel as vendors, consultants, or expert
witnesses or consultants in this action, provided, however, no Confidential
Information shall be provided to such persons until they have executed a
written agreement not to disseminate, in the form attached hereto as
Exhibit “A;”

c.

To witnesses at trial or during depositions, provided, however, prior to
providing Confidential Information to such persons, they shall be provided
with a copy of this Order and asked to sign a written agreement not to
disseminate, in the form attached hereto as Exhibit “A;”

d.
e.

9.

To judges, Court personnel, and the jury in this action under seal; and
To certified court reporters acting as such.

The written agreement not to disseminate entitled, “Non-Disclosure Agreement,”
attached to this Protective Order as Exhibit “A,” is incorporated herein. All
confidential documents filed shall be filed under seal pursuant to the rules of this
Court, and nothing in this Protective Order shall prevent any party from seeking
such additional or further protection as deemed necessary or appropriate to protect

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documents or information subject to discovery herein.

10.

Upon the completion of the trial and appeals, if any, in this action, or at the
satisfaction of any judgment, or upon conclusion of any settlement, if any,
Plaintiffs’ counsel shall return Currie Tech Corp. and Accell North America, Inc.,
the documents designated as confidential and any and all copies, translations,
prints, negatives, and summaries thereof, including any and all copies,
translations, prints, negatives, and summaries in the possession of Plaintiff, her
experts, and consultants. All attorneys for Plaintiffs shall further provide Currie
Tech Corp. and Accell North America, Inc., or counsel for Currie Tech Corp. and
Accell North America, Inc., in this action a letter stating that they and their
employees have complied with the provisions of this Confidentiality Agreement
and identifying each expert or consultant to whom they have given, shown, or
otherwise divulged any of the Confidential Information. In addition to the NonDisclosure Agreement, each such expert or consultant to whom such Confidential
Information has been disclosed shall provide an Affidavit stating that full
compliance has been had with respect to the provisions of the Protective Order.

11.

At the conclusion of this case, including any appeals, all Confidential Information
(and copies thereof) in the possession, custody, or control of the recipient party
and the recipient party’s attorneys must be (a) destroyed or (b) maintained in the
possession, custody, or control of the recipient party’s attorneys and withheld
from all other persons, with the exception of non-party personnel files which shall
be destroyed or returned to the producing party’s attorney within 60 calendar days
after a final decision on the merits in this civil case, including any appeals.

12.

Nothing in this Order constitutes any decision by the Court concerning discovery
disputes or the admission into evidence of any specific document or liability for
payment of any cost of production or reproduction of documents, nor does the
Order constitute a waiver by either counsel of any right to object to discovery or
admission into evidence of any document or record subject to this Order.

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13.

All produced confidential materials remain the property of the producing party.
The recipient shall appropriately safeguard confidential materials.

14.

The obligations imposed by this Protective Order shall survive the termination of
this action and any related actions.

Dated January 31, 2018.
BY THE COURT:

S/ Susan M. Bazis
United States Magistrate Judge

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EXHIBIT A
NON-DISCLOSURE AGREEMENT

The undersigned, having read the Protective Order issued by the Court in the abovecaptioned action, a copy of which is attached hereto, which protects the confidential information
of the parties produced or obtained during discovery in said action, agrees to be bound as
follows:

1.

The undersigned agrees to be bound by the provisions of the Protective Order.

2.

All confidential information disclosed to the undersigned pursuant to the
Protective Order shall not be disclosed, disseminated, or published by the
undersigned except as permitted in the Protective Order.

3.

The undersigned agrees that he/she shall not acknowledge the existence of the
confidential information to anyone for any reason at any time, except as permitted
in the Protective Order.

4.

The undersigned agrees that he/she shall take all appropriate and necessary
precautions to avoid loss or inadvertent disclosure of the confidential information
as designated under the Protective Order.

5.

The undersigned agrees that, after his/her permitted use of the confidential
materials and documents is completed, he/she shall return any and all confidential
materials and documents received to the person or entity from which he/she
received

the

confidential

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materials

and

documents.

6.

The undersigned agrees the terms of this Non-Disclosure Agreement shall
continue after return of the confidential materials and documents and shall survive
the termination of the above-captioned matter and any related actions.

Dated this ______ day of __________, 2018.

_____________________________
Recipient of Confidential Information

______________________________
Name (printed)
______________________________
Address
______________________________
Employer

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