Custom Hair Designs by Sandy, LLC et al v. Central Payment Co., LLC
Filing
34
ORDER granting 32 Stipulation for Protective Order. Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CUSTOM HAIR DESIGNS BY SANDY,
LLC, and SKIP’S PRECISION WELDING,
LLC, on behalf of themselves and all others
similarly situated,
)
)
)
)
)
Plaintiffs,
)
v.
)
)
CENTRAL PAYMENT CO., LLC,
)
)
Defendant.
)
__________________________________________)
Civil Action No.: 8:17-CV-00310
JOINT STIPULATION AND PROPOSED PROTECTIVE ORDER
GOVERNING CONFIDENTIAL INFORMATION
In order to protect the confidentiality of certain discovery materials produced in the
above-captioned case (the “Action”), the parties to the Action hereby stipulate and agree to the
terms and conditions set forth below:
1.
This Protective Order shall govern all information, data, documents, and other
materials produced or received by any party through discovery in the Action, including, but not
limited to, information obtained through responses to interrogatories, responses to requests for
production, responses to requests for admission, deposition testimony, or a subpoena issued from
the Court (collectively, “Discovery Material”).
2.
Discovery Material designated as “Confidential” or “Highly Confidential” shall
be used solely for the purposes of this Action and in accordance with the terms of this Protective
Order.
3.
Discovery Material may be designated as “Confidential” or “Highly Confidential”
(together, “Confidential Material”) by (1) imprinting the word “Confidential” or the words
“Highly Confidential” on any Discovery Material; or (2) notifying the other party in writing, or
1
on the record in a deposition, or in Court that any Discovery Material should be treated as
Confidential or Highly Confidential. Deposition transcripts shall be presumptively treated as
Confidential Material for fifteen (15) days following the parties’ receipt of the transcripts, to
allow time for the parties to designate the transcripts, or portions thereof, as Confidential or
Highly Confidential in accordance with this Protective Order.
4.
A party may designate Discovery Material as Confidential if the party has a good
faith belief that the material is not in the public domain and that it contains proprietary, trade
secret, or other commercially or competitively sensitive information, or any information
involving a person’s privacy interest. A party may designate Discovery Material as Highly
Confidential if the party makes a good faith determination that the material contains proprietary,
trade secret, or other highly sensitive business information that, if revealed, could place the
designating party at a competitive or commercial disadvantage, or that disclosure would
contravene an obligation of confidentiality. Notwithstanding the above, the following Discovery
Material shall not be deemed Confidential or Highly Confidential regardless of any such
designation by a party:
i.
Information, materials, or documents already in a receiving party’s
possession that were not acquired or obtained through discovery in the
Action;
ii.
Information, materials, or documents that are generally available to the
public, including information which becomes available to the public
through no breach of this Agreement.
2
5.
Any copies or reproductions, summaries, or other documents or materials that
excerpt, contain, or otherwise reveal the substance of Confidential Material also shall be treated
as Confidential Material pursuant to this Protective Order.
6.
The inadvertent or unintentional failure to designate Confidential Material as such
shall not be deemed a waiver in whole or in part of a party’s claim of confidentiality, either as to
the specific document or information disclosed or as to any other document, material, or
information relating thereto. Any such inadvertently or unintentionally disclosed Confidential
Material shall be designated as Confidential or Highly Confidential within a reasonable time
after the designating party becomes aware of the erroneous disclosure and shall thereafter be
treated as Confidential Material by all receiving persons. Upon receipt of the designated
Confidential Material, the receiving party shall destroy or return all printed and electronic copies
of such material that were inadvertently not designated as Confidential or Highly Confidential as
soon as reasonably practical but in no event more than five (5) business days after receipt of the
designated Confidential Material.
7.
Without the consent of the designating party, Discovery Material designated as
Confidential shall not be disclosed directly or indirectly by the receiving party to persons other
than:
(a) The parties;
(b) Counsel of record for the parties, including counsels’ employees and vendors
who need to review the Confidential Material in connection with the Action;
(c) Persons who were involved in or have knowledge of the preparation of the
Confidential Material or received or reviewed the Confidential Material prior to
the date of the filing of the Complaint herein;
3
(d) The Court exercising jurisdiction over the Action, persons employed by the
Court, and the stenographers transcribing testimony or argument at a hearing,
trial, or deposition in the Action;
(e) Expert witnesses or consultants engaged by any party or its counsel for the
purpose of assisting in the preparation of litigation in connection with the Action,
provided that such persons shall not be permitted to retain any Confidential
Material; and
(f) Any mediator in this Action.
8.
Without the consent of the designating party, Discovery Material designated as
Highly Confidential shall not be disclosed directly or indirectly by the receiving party to persons
other than:
(a) Counsel of record for the parties, including counsels’ employees and vendors
who need to review the Confidential Material in connection with the Action;
(b) Persons who were involved in or have knowledge of the preparation of the
Confidential Material or received or reviewed the Confidential Material prior to
the date of the filing of the Complaint herein;
(c) The Court exercising jurisdiction over the Action, persons employed by the
Court, and the stenographers transcribing testimony or argument at a hearing,
trial, or deposition in the Action;
(d) Expert witnesses or consultants engaged by any party or its counsel for the
purpose of assisting in the preparation of litigation in connection with the Action,
provided that such persons shall not be permitted to retain any Confidential
Material; and
4
(e) Any mediator in this Action.
9.
Confidential Material shall only be disclosed to a person listed in paragraphs 7(e)
or 8(d) after such person executes the statement attached to this Protective Order as Exhibit A.
10.
Before filing or quoting any Confidential Material in the public record of the
Action, the party seeking to file or quote such Confidential Material shall provide the designating
party seven (7) days’ advance notice of its intention to do so. Confidential Material may only be
filed or quoted in the public record of the Action if (1) the designating party consents to such
public filing; (2) the designating party fails to seek a filing under seal after receiving seven (7)
days’ advance notice of the filing, or (3) the Court denies a motion to seal such Confidential
Material. In the event that a party files or quotes Confidential Material publicly without
complying with this Protective Order, the filing party shall, upon discovery or notification that
Confidential Material was filed or quoted publicly, take immediate steps to have the Confidential
Material removed from the public domain and re-filed, if at all, under seal.
11.
If a court or government agency in any other proceeding requests, subpoenas, or
orders production of Confidential Material from a party to this Action, such party shall promptly
notify counsel for the party that designated such Confidential Material; shall furnish counsel for
the designating party with a copy of the request, subpoena, or order; and shall allow counsel for
the designating party a reasonable time to object or intervene in the other proceeding prior to
producing Confidential Material.
12.
At the conclusion of this Action, and after the exhaustion of any appeals, on
written request of the producing party, a party possessing Discovery Material designated
Confidential or Highly Confidential shall promptly, at the option of the possessing party, (a)
return all Discovery Material and copies thereof to the producing party, or (b) certify in writing
5
that all such Discovery Material has been shredded or destroyed. Notwithstanding the foregoing,
a party’s counsel may retain one copy of such Discovery Material in their files to comply with
applicable rules of professional responsibility, provided, however, that such copy shall remain
protected in accordance with, and subject to, this Protective Order.
13.
The terms of this Protective Order shall survive the termination of the Action, and
the Court shall retain jurisdiction of the Action for the purpose of enforcing this Protective
Order.
14.
The parties may object to the designation of any information as Confidential or
Highly Confidential. In the event of such a challenge, and prior to addressing the dispute with the
Court, the parties will confer in good faith to resolve the disputed designation. If the parties are
unable to resolve the dispute, the party challenging the designation may bring the dispute to the
Court’s attention, in accordance with Magistrate Judge Zwart’s Civil Case Management
Practices. It shall be the burden of the designating party to establish the confidentiality of the
Discovery Material. Pending determination by the Court, material designated as Confidential or
Highly Confidential shall be treated in accordance with the designating party’s designation
pursuant to this Protective Order.
15.
Nothing contained herein shall be construed to limit a party’s use of its own
documents or information.
16.
The restrictions against disclosure and protections for information claimed to be
confidential set forth in this Protective Order shall apply equally to any third party producing
Discovery Material pursuant to subpoena, deposition, or other process permitted by the rules of
this Court. Thus, any non-party producing Discovery Material in the Action may designate such
6
material as Confidential Material, and such material and the non-party’s designation shall be
governed by this Protective Order in the same manner as material designated by the parties.
Dated: January 22, 2018
WAGSTAFF & CARTMELL, LLC
BAIRD HOLM LLP
/s/Tyler W. Hudson
Tyler W. Hudson
Missouri Bar No. 53585
Eric D. Barton
Missouri Bar No. 53619
Melody R. Dickson
Missouri Bar No. 61865
4740 Grand Avenue, Suite 300
Kansas City, MO 64112
(816) 701-1100
thudson@wcllp.com
ebarton@wcllp.com
mdickson@wcllp.com
/s/Kenneth W. Hartman
Kenneth W. Hartman (NE# 21954)
1700 Farnam St Ste 1500
Omaha, NE 68102-2068
402-344-0500
khartman@bairdholm.com
David L. Balser (pro hac vice)
Jonathan R. Chally (pro hac vice)
Brandon R. Keel (pro hac vice)
Allison Hill White (pro hac vice)
KING & SPALDING LLP
1180 Peachtree Street NE
Atlanta, GA 30309-3521
404-572-4600
dbalser@kslaw.com
jchally@kslaw.com
bkeel@kslaw.com
awhite@kslaw.com
Counsel for Plaintiffs
Counsel for Defendant
SO ORDERED.
Dated: January 23, 2018
, 2018
Hon. Cheryl R. Zwart
United States Magistrate Judge
7
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?