Zagata v. Omaha Public Power District

Filing 18

STIPULATED PROTECTIVE ORDER. Ordered by Magistrate Judge Michael D. Nelson. (LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JOSEPH ZAGATA, an individual;
Plaintiff,
vs.

8:16CV547
STIPULATED PROTECTIVE ORDER

OMAHA PUBLIC POWER DISTRICT, a
political subdivision of the State of Nebraska;
Defendant.
This matter is before the Court on the parties’ Joint Motion for Entry of Protective Order
(Filing No. 17). The parties request that the Court enter their Stipulated Protective Order, which
was signed and submitted by counsel for both parties, regarding certain confidential information
of the parties. Having reviewed the matter,

IT IS ORDERED that the Joint Motion for Entry of Protective Order (Filing No. 17) is
granted and the parties’ Stipulated Protective Order shall govern the instant proceedings as
follows:
1.

The parties may disclose documents they designate “Confidential” to each other

and their attorneys.
2.

The designation shall be embossed upon the face of the document produced.

3.

Any and all materials designated as "Confidential" and disclosed by either party

and the contents thereof shall be maintained in confidence by counsel and all other parties to the
above-captioned litigation.
4.

The recipient may, within 30 days after receipt of the documents, object to the

designation of any or all documents as “confidential” by the producing party. Thereafter, the
documents shall remain confidential despite the objection for an additional 30 days. Upon
expiration of the second 30 days following discovery, the documents shall no longer be
confidential unless, before the expiration of the second 30 day time period, the producing party
who designated the document(s) “confidential” files a Motion with the Court for an order
declaring the documents confidential and subjecting them to a Protective Order.

5.

Any and all materials designated as "Confidential" and disclosed by either party

and the contents thereof shall be used only in connection with the above-captioned matter and
shall not be used for any other purpose whatsoever.
6.

No person who examines any document produced pursuant to this Order shall

disseminate orally, in writing, or by any other means, the document(s) or the information
contained therein, to any person not also authorized to examine documents under the terms of
this order.
7.

Witnesses, or personnel outside the law firm(s) of the recipient party shall be

notified of this Stipulation and the Court's Order approving it, or any other Court Order
governing the documents, and informed of their duty to abide by the Court’s Order.
8.

Notwithstanding the foregoing provisions, this Order shall be without prejudice to

the right of any party to challenge the propriety of discovery on any grounds including, but not
limited to, relevance, privilege and materiality.
9.

Notwithstanding the foregoing provisions, this Order shall not restrict in any

manner the right of any party to offer or use as evidence at the trial of this action any of the
documents subject to this Protective Order and nothing contained herein shall be construed as a
waiver of any objection which might be raised as to the admissibility of any evidentiary material.
10.

Within 60 days after a final order rendered, entered, and becomes nonappealable

in the litigation in which the documents are produced, the recipient party shall destroy all
documents and all copies in that party’s possession or, upon written request of the producing
party made after the rendition and entry of final judgment, return the originally produced set of
the documents to the producing party if not already destroyed.
11.

A breach of the terms of this Order shall entitle the disclosing party, to

appropriate sanctions, including but not limited to attorney’s fees and costs incurred in the
enforcement of this Order.
Dated this 28th day of November, 2017.

BY THE COURT:
s/ Michael D. Nelson
United States Magistrate Judge
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