Jacobs v. Fareportal, Inc.

Filing 41

ORDER granting 40 Stipulated Protective Order Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
IAN V. JACOBS,

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Plaintiff,
v.
FAREPORTAL, INC.,
Defendant.

CIVIL ACTION NO. 8:17-CV-00362

STIPULATED PROTECTIVE ORDER
The parties, through their undersigned counsel, stipulate and agree that an order is
necessary to protect the confidentiality of information and items obtained in the course of
discovery in this Action. The following Stipulated Protective Order (“Protective Order”) is
entered:
I.
DEFINITIONS
(a)

“Party” or “Parties” means any or all parties to this Action, and any Party’s

parents, subsidiaries, divisions, branches, affiliates, predecessors or successors-in-interest,
marital or domestic partner (if any), heirs, and permitted assigns.
(b)

“Non-Party” means any entity or person that is not a Party.

(c)

“Disclosing Party” means a Party or Non-Party producing or disclosing any

Protected Information during the course of this Action.
(d)

“Receiving Party” means any Party to which Protected Information is produced or

disclosed, whether voluntarily or in response to formal or informal discovery requests,
subpoenas, deposition notices, or court orders by any Disclosing Party in this Action.

STIPULATED PROTECTIVE ORDER

PAGE 1

(e)

“Consultant” or “Consultants” means any or all persons retained by a Party in

connection with this Action, including experts, trial preparation consultants, and jury consultants,
but not employed by that Party. Consultants shall be limited to such persons as, in the judgment
of that Party’s counsel, are reasonably necessary for the development and/or presentation of that
Party’s case.
(f)

“CONFIDENTIAL

INFORMATION”

means

documents,

materials

and

information which contain confidential, proprietary, personal, or sensitive information that is not
generally known, and which the Disclosing Party would not normally reveal to third parties or
would cause third parties to maintain in confidence, or documents or information that, if released
publicly, would cause embarrassment or damage to reputation.
(g)

“ATTORNEYS’

EYES

ONLY

INFORMATION”

or

“HIGHLY

CONFIDENTIAL INFORMATION” means any information or item, regardless of the medium
or manner in which it is generated, stored, or maintained, that the Disclosing Party or Non-Party
believes in good faith to be so commercially sensitive or confidential that disclosure to persons
other than those authorized by this Protective Order would have the effect of causing harm to the
competitive commercial position of the Disclosing Party or Non-Party making the designation.
By way of example and not limitation, the following categories of information meet the
definition of ATTORNEYS’ EYES ONLY INFORMATION or HIGHLY CONFIDENTIAL
INFORMATION: (1) documents containing confidential customer information; (2) confidential
business records, plans and information, including, marketing and pricing strategies; (3) tax,
sales, and/or other financial records, plans and information; (4) trade secrets; (5) software codes.

STIPULATED PROTECTIVE ORDER

PAGE 2

(h)

“Protected Information” means any CONFIDENTIAL INFORMATION or

ATTORNEYS’ EYES ONLY/HIGHLY CONFIDENTIAL INFORMATION designated by a
Party or Non-Party in accordance with this Protective Order.
(i)

“Documents” shall have the broadest meaning permissible under the Federal

Rules of Civil Procedure and shall include, without limitation, all “writings,” “records,” and
“photographs” as defined in Rule 1001 of the Federal Rules of Evidence, and any electronically
stored information.
(j)

“Action” shall mean the instant case captioned Ian V. Jacobs v. Fareportal, Inc.,

Civil Action No. 8:17-CV-00362, in the United States District Court for the District of Nebraska.
II.
SCOPE OF PROTECTIVE ORDER
This Protective Order governs the handling of all Protected Information produced or
disclosed by a Disclosing Party or Non-Party to a Receiving Party, regardless of the medium or
manner in which the information is generated, stored, or maintained (including, among other
things, documents, transcripts, interrogatory responses, responses to requests for admissions,
declarations, exhibits, and briefs, or portions of such materials). This Protective Order also
applies to any Receiving Party generated note, index, chart or spreadsheet made with regard to
Protected Information.
This Protective Order does not cover the following information or items: (a) any
information or items that are in the public domain at the time of disclosure or that become part of
the public domain after their disclosure as a result of publication not involving a violation of this
Protective Order, including information or items that become part of the public record through
trial and (b) any information or items known to the Receiving Party prior to disclosure or
obtained by the Receiving Party after disclosure from a source who obtained the information

STIPULATED PROTECTIVE ORDER

PAGE 3

lawfully, not in violation of this Protective Order, and under no other obligation of
confidentiality to the Disclosing Party.

III.
USE OF PROTECTED INFORMATION
All Protected Information will be used solely for the purposes of preparation, trial, and
appeal of this Action ONLY, or any settlement negotiations relating to this Action ONLY, and
for no other purpose. Protected Information may not be used by the Receiving Party in any other
legal or administrative proceeding or disclosed to any governmental office absent further order
of the Court or written consent of the Disclosing Party.
IV.
DESIGNATION OF PROTECTED INFORMATION
Any Party or Non-Party may, in good faith, designate any non-public information or
items as Protected Information in the following manner:
(a)

Documents. Documents will be designated as Protected Information by stamping

them as “CONFIDENTIAL,” “ATTORNEYS’ EYES ONLY” or “HIGHLY CONFIDENTIAL”
legend on each page containing Protected Information; where it is not feasible to place a legend
on each page (which the Parties recognize may be the case with certain documents, such as
certain electronically stored information, including, but not limited to, data produced in native
format such as Excel documents), by specifying in writing, by Bates number or otherwise, which
information is to be designated as Protected Information and physically affixing the appropriate
legend on the hard drive, DVD, CD, or other media on which such information is produced, if
applicable, or by clearly designating documents as Protected Information in a separate statement.

STIPULATED PROTECTIVE ORDER

PAGE 4

(b)

Transcripts. Information disclosed or documents referred to at the deposition or

other pretrial testimony of any witnesses, including a Party or Non-Party or one of its present or
former officers, directors, employees, agents, or independent experts, may be designated by any
Party or Non-Party as “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY,” by indicating on
the record to the other Party which pages, page or portions of a page of a deposition transcript
contain such information, as applicable (including exhibits). The Party or Non-Party wishing to
designate such material as “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” may also do
so pursuant to a written letter served within thirty (30) days after receipt of the final (not draft)
transcript. Until such time as that designation is made or the thirty (30) days expires, the whole
transcript (including any drafts) and all documents and exhibits referred to therein, and/or
attached thereto, shall be deemed “ATTORNEYS’ EYES ONLY.” At the expiration of the 30day period, any designations made on the record or by letter shall control, subject to a Party’s
right to contest them as provided in paragraph XII, below. In addition, the applicable legend shall
be placed on the front of the original deposition transcript and each copy of the transcript
containing Protected Information, together with a legend stating, “Designated parts not to be
used, copied or disclosed except as authorized by Court Order.” The applicable legend shall also
be placed on each page of the transcript that contains such Protected Information. If all or part of
a videotaped deposition is designated as Protected Information, the videocassette, other
videotape container, or DVD shall be labeled with the applicable legend(s). The Parties may
modify this procedure for any particular deposition or proceeding through agreement on the
record at such deposition or proceeding or otherwise by written stipulation, without approval of
the Court.

STIPULATED PROTECTIVE ORDER

PAGE 5

(c)

Things. Things will be designated as Protected Information by affixing a label to

the exterior of the thing bearing the legend “CONFIDENTIAL” or “ATTORNEYS’ EYES
ONLY”/“HIGHLY CONFIDENTIAL” as applicable. The legend will be placed directly above,
below, or next to the Disclosing Party’s production numbers to the extent possible. If it is not
feasible to affix a label to the exterior of the thing, the Disclosing Party may clearly designate
things as constituting Protected Information in a separate statement.
(d)

If any Party produces documents by making original documents available for

inspection and copying (the “Producing Party”), then at the time of inspection all such
documents shall be deemed “ATTORNEYS’ EYES ONLY” within the meaning of this Order.
The inspecting Party shall then designate the original documents for copying, and the Producing
Party shall designate on the copies those documents which the Producing Party deems to be
“CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” within the meaning of this Protective
Order.

Any copies not so designated by the Producing Party shall not be deemed

“CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” within the meaning of this Protective
Order.
(e)

Any copies or reproductions, excerpts, summaries, or other documents or media

that paraphrase, excerpt, or contain Protected Information shall be treated as Protected
Information pursuant to this Protective Order.
(f)

Information produced by a Disclosing Party may be designated as Protected

Information within the meaning of this Protective Order, at the time such information is
produced or as soon thereafter as the Producing Party becomes aware of the sensitive or
proprietary nature of the information sought to be protected hereunder.

STIPULATED PROTECTIVE ORDER

PAGE 6

V.
DISCLOSURE OF CONFIDENTIAL INFORMATION
CONFIDENTIAL INFORMATION will not be made available, nor will the contents of
such information be disclosed, to persons other than the following Qualified Persons:
(a)

The Parties, their in-house counsel and members of their legal department, and no

more than 4 employees or independent contractors whose workplace is physically located on
premises owned or leased the by the Parties.
(b)

The Receiving Party’s counsel for this Action and their regularly employed

support personnel (such as paralegals, secretaries, and administrative staff).
(c)

Personnel at document duplication, electronic discovery, graphics, and other

vendors and their regularly employed support personnel acting under the supervision and control
of the Receiving Party’s counsel for this Action.
(d)

Consultants and their regularly employed support personnel to whom disclosure is

reasonably necessary and who have signed the Agreement to Be Bound By Protective Order
attached to this Protective Order as Exhibit “A”.
(e)

The Court, Court personnel, potential jurors, jurors, alternate jurors, court

reporters, stenographers, and videographers transcribing or recording testimony at depositions,
hearings, or trial in this Action.
(f)

Other attorneys consulting with the Receiving Party’s attorneys or with whom a

joint prosecution or defense agreement has been executed, so long as any such attorneys have
executed the Agreement to Be Bound By Protective Order attached as Exhibit “A”.
(g)

The Parties reserve the right to make applications on motion with notice to the

Court for the inclusion of any additional category of “witness” as a “Qualified Person.”

STIPULATED PROTECTIVE ORDER

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VI.
DISCLOSURE OF ATTORNEYS’ EYES ONLY/HIGHLY CONFIDENTIAL INFORMATION
ATTORNEYS’ EYES ONLY and HIGHLY CONFIDENTIAL INFORMATION will not
be made available, nor will the contents of such information be disclosed, to persons other than
the following Qualified Persons:
(a)

The Receiving Party’s counsel of record for this Action and their regularly

employed support personnel (such as paralegals, secretaries, and administrative staff), as well as
the Receiving Party’s in-house counsel (in the case of Fareportal, presently, Jonathan Perkel and
Li. Reilly, and their regularly employed support personnel).
(b)

Personnel at document duplication, electronic discovery, graphics, and other

vendors and their regularly employed support personnel acting under the supervision and control
of the Receiving Party’s counsel for this Action.
(c)

The Court, Court personnel, potential jurors, jurors, alternate jurors, court

reporters, stenographers, and videographers transcribing or recording testimony at depositions,
hearings, or trial in this Action.
(d)

Consultants and their regularly employed support personnel to whom disclosure is

reasonably necessary and who have signed the Agreement to Be Bound By Protective Order
attached as Exhibit “A”.
(e)

The Parties reserve the right to make applications on motion with notice to the

Court for the inclusion of any additional category of “witness” as a “Qualified Person.”
VII.
AGREEMENT TO BE BOUND BY PROTECTIVE ORDER
(a)

Protected Information provided by or on behalf of any person shall not be made

available by any person to persons other than Qualified Persons as set forth above in paragraphs

STIPULATED PROTECTIVE ORDER

PAGE 8

V and VI, except as provided herein. Prior to the disclosure of any Protected Information to any
person authorized to inspect such information under paragraphs V and VI above but required to
sign the Agreement to Be Bound by Protective Order, such person shall execute under oath the
Agreement to Be Bound by Protective Order in the form attached hereto as Exhibit “A”.
(b)

Copies of the signed Agreements to Be Bound by Protective Order will be

provided to and retained by counsel for the Disclosing Party during the course of this Action and
until this Action is terminated by dismissal or Final Judgment.
VIII.
NON-PARTY PROTECTED INFORMATION
(a)

If a Non-Party so requests, and executes the Agreement to Be Bound by

Protective Order in the form attached hereto as Exhibit “A,” the terms of this Protective Order
will be applicable to information produced by a Non-Party to this Action, whether through
deposition, document production, or otherwise, and designated as CONFIDENTIAL
INFORMATION

or

ATTORNEYS’

EYES

ONLY

INFORMATION

or

HIGHLY

CONFIDENTIAL INFORMATION. Such information produced by Non-Parties in connection
with this Action is protected by the remedies and relief provided by this Protective Order.
(b)

In the event a Non-Party is obligated to provide discovery in this action via

subpoena, a Party who believes in good faith that such subpoena may compel disclosure of
Protected Information in connection with which that Party holds a proprietary or other interest,
shall promptly so notify the Party serving such subpoena. Such Party may thereupon designate
the information in accordance with this Protective Order.

Specifically

with respect to

documents produced in response to a subpoena as to which a Party has given notice under this
paragraph, the Party receiving such documents shall, upon receipt of said documents, so advise
the Party giving notice. The Party giving notice shall then have 10 business days to inspect and

STIPULATED PROTECTIVE ORDER

PAGE 9

designate such documents in accordance with this Order. Pending designation, the documents
shall

be

treated

as

ATTORNEYS’

EYES

ONLY

or

HIGHLY

CONFIDENTIAL

INFORMATION.
IX.
LIMITED DISCLOSURE TO WITNESSES
Notwithstanding the above, Protected Information may be made available, or be
disclosed to witnesses if: (a) in the case of a document, it appears that the witness has previously
seen or received the Protected Information contained in the document, either because the
document identifies the witness as an author, recipient, or copyee, or because the document
comes from the files of the witness; (b) the lawyer disclosing such Protected Information has a
reasonable, good faith belief that the witness has had previous access to the Protected
Information based on the credible sworn testimony of the witness or other witnesses with
specific knowledge about the witness’ access; or (c) the witness is employed by the Disclosing
Party and the Disclosing Party agrees that the employee is allowed access to the level of
Protected Information that will be made available or disclosed to the witness. If subparagraphs
(a)-(c) do not apply, a witness may still have access to Protected Information for purposes of his
or her testimony if the Disclosing Party agrees in writing.
X.
ATTENDANCE AT DEPOSITIONS
A Party or Non-Party who believes that Protected Information is or will be disclosed at a
deposition may exclude from the deposition room any person who is not a Qualified Person,
unless the person sought to be excluded meets the parameters for a Qualified Person set forth in
paragraphs V or VI above, the person agrees to be bound and promptly executes the Agreement
attached as Exhibit “A” and agrees to leave the deposition whenever ATTORNEYS’ EYES

STIPULATED PROTECTIVE ORDER

PAGE 10

ONLY or HIGHLY CONFIDENTIAL INFORMATION is to be disclosed if that person is not
entitled

to

receive

ATTORNEYS’

EYES

ONLY

or

HIGHLY

CONFIDENTIAL

INFORMATION under this Order.
XI.
FILING CONFIDENTIAL INFORMATION
Any party seeking to file with the Court Protected Information must do so under seal or
with a “restricted access” designation in accordance with the Court’s procedures for filing under
seal under Nebraska Civil Rule 7.5 or the Court’s procedures for filing under “restricted
access.” See NECivR 5.3(c).
XII.
PROCEDURE FOR CHALLENGING DESIGNATIONS
(a)

Timing of Challenges. Any Party or Non-Party may challenge a confidentiality

designation at any time (the “Challenging Party”). Unless a prompt challenge to a Disclosing
Party’s confidentiality designation is necessary to avoid foreseeable, substantial unfairness,
unnecessary economic burdens, or a significant disruption or delay of the Action, a Party does
not waive its right to challenge a confidentiality designation by electing not to challenge the
designation promptly after the original designation.
(b)

Meet and Confer.

The Challenging Party will initiate the dispute resolution

process by providing written notice of each designation of Protected Information it is challenging
and describing the basis for each challenge. The Parties will attempt to resolve each challenge in
good faith and must begin the process by conferring within seven (7) days of the date of service
of the notice. In conferring, the Challenging Party must explain the basis for its belief that the
confidentiality designation was not proper and must give the Disclosing Party an opportunity to

STIPULATED PROTECTIVE ORDER

PAGE 11

review the Protected Information, to reconsider the designation and, if no change in the
designation is made, to explain the basis for the designation.
(c)

Judicial Intervention. If the Parties cannot resolve a challenge without Court

intervention within fourteen (14) days of the initial notice, the Disclosing Party may file a motion
seeking intervention from the Court to maintain the Protected Information as Confidential or
Attorneys’ Eyes Only in accordance with paragraph 11 of this Agreement which outlines the
procedures regarding filing protected information subject to challenge.
XIII.
PARTY INFORMATION
Nothing in this Protective Order will limit any Disclosing Party’s use of its own Protected
Information, nor will anything in this Protective Order prevent any Disclosing Party from
disclosing its own Protected Information to any person.
XIV.
INADVERTENT PRODUCTION OF PROTECTED INFORMATION OR PRIVILEGED MATERIAL
(a)

The inadvertent or unintentional disclosure by the Disclosing Party of Protected

Information, regardless of whether the information was so designated at the time of disclosure,
shall not be deemed a waiver in whole or in part of the Disclosing Party’s claim of
confidentiality, either as to the specific information disclosed or as to any other information
relating thereto or on the same or related subject matter. Upon learning of an inadvertent or
unintentional disclosure of Confidential Information, the Disclosing Party shall within thirty (30)
days designate such information as “CONFIDENTIAL,” “ATTORNEYS’ EYES ONLY,” or
“HIGHLY CONFIDENTIAL.” The obligation to treat such Confidential Information as
“CONFIDENTIAL,” “ATTORNEYS’ EYES ONLY,” or “HIGHLY CONFIDENTIAL” shall
run prospectively from the date of designation; provided, however, that, after designation, any

STIPULATED PROTECTIVE ORDER

PAGE 12

Party in receipt of such information must endeavor in good faith to obtain all copies of such
information that it distributed or disclosed to persons not authorized under this Protective Order
to receive such information, as well as any copies made by such persons. Nothing contained
within this Paragraph prevents a Party from challenging such a designation of documents or
information pursuant to the procedures contained in paragraph XII.
(b)

In the event of an inadvertent production or disclosure of any information that a

Party or Non-Party later claims should not have been produced because of a privilege, including
but not limited to the attorney-client privilege, work product privilege, or joint defense privilege
(“Inadvertently Produced Privileged Material”), the Receiving Party must promptly return,
sequester, or destroy the specified information and any copies the Party has, at the Disclosing
Party’s election; must not use or disclose the information and must take reasonable steps to
retrieve the information if the Party disclosed it before being notified.

The inadvertent

production of such material will not be deemed to waive any privileges. A request for the return
of any Inadvertently Produced Privileged Material will identify the material inadvertently
produced and the basis for withholding such material from production. If a Party or Non-Party
requests the return, pursuant to this paragraph, of any Inadvertently Produced Privileged Material
then in the custody of another Party, such Party will within seven (7) days return to the
Disclosing Party the Inadvertently Produced Privileged Material and all copies thereof. The
Party or Parties returning such Inadvertently Produced Privileged Material will not assert as a
ground for entering an order compelling production of the Inadvertently Produced Privileged
Material the fact or circumstances of the inadvertent production. The return of any Inadvertently
Produced Privileged Material will not in any way preclude the Receiving Party from moving the
Court for an Order that: (i) the material was never privileged or otherwise immune from

STIPULATED PROTECTIVE ORDER

PAGE 13

disclosure; or (ii) that any applicable privilege or immunity has been waived by some act other
than the inadvertent production of this information. The burden of establishing a privilege is on
the Disclosing Party producing the information.
XV.
DURATION OF PROTECTIVE ORDER
(a)

The obligations imposed by this Protective Order will remain in effect even after

the final disposition of this Action, until a Disclosing Party agrees otherwise in writing, or a
Court order otherwise directs. Final disposition will be deemed to be the later of (i) dismissal of
all claims and defenses in this Action, with or without prejudice; and (ii) Final Judgment herein
after the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this
Action, including the time limits for filing any motions or applications for extension of time
pursuant to applicable law.
(b)

In the event that any Qualified Person ceases to be affiliated with a Disclosing

Party, the provisions of this Protective Order will remain in full force and effect as to such
Qualified Person, except that such person will immediately cease to have access to Protected
Information and will immediately return all Protected Information to the Disclosing Party as of
the time the Qualified Person ceases to be affiliated with a Disclosing Party.
XVI.
RETURN OR DESTRUCTION OF PROTECTED INFORMATION
Upon final disposition of this Action (including a final appeal) as referenced in paragraph
XV above, each Party or Non-Party subject to the terms of this Protective Order will return to
each Disclosing Party all originals and reproductions of any Protected Information within sixty
(60) days. In lieu of returning Protected Information, a Party may destroy all such material
within sixty (60) days, provided the Party electing to undertake such destruction certifies to the

STIPULATED PROTECTIVE ORDER

PAGE 14

Disclosing Party in writing that it has destroyed all such material. All qualifying persons who
have been privy to such Protected Information shall, even after resolution of the litigation, be
under a continuing duty not to reveal such Protected Information.
XVII.
MODIFICATION OF AGREEMENT AND NO WAIVER
Any Party may seek to modify, expand, cancel, or supersede this Agreement by written
stipulation of the Parties or by motion on notice. Nothing herein shall constitute an admission or
waiver of any claim or defense by any Party, nor shall anything herein prejudice in any way the
rights of any Party to:
(a)

object to the production of documents it considers not subject to discovery; or

(b)

seek a Court determination of (i) whether particular discovery material shall be

produced; or (ii) if produced, whether such material should be the subject of this Protective
Order; or
(c)

apply to the Court for a further order relating to any Protected Information;

(d)

object to the admissibility at trial for any information or items on any appropriate

ground, or to make any objection or claim of privilege, or otherwise contest any discovery
request or question at a deposition;
(e)

seek a protective order under Federal Rule of Civil Procedure 26(c);

(f)

seek relief from any provision of this Protective Order; or

(g)

seek documents or other information from any source.
XVIII.
HANDLING OF PROTECTED INFORMATION

This Order does not purport to govern the handling of Protected Information introduced
at trial or in other live Court proceedings related to this Action. Protection of confidential

STIPULATED PROTECTIVE ORDER

PAGE 15

discovery materials in such proceedings is left to the further agreement of the Parties and Order
of the Court.
XIX.
ADDITIONAL PARTIES
In the event additional persons become Parties to this Action, such new Parties shall not
have access to CONFIDENTIAL INFORMATION or ATTORNEYS’ EYES ONLY/HIGHLY
CONFIDENTIAL INFORMATION produced by or obtained from any other Party or Non-Party
to this Action until the newly joined Party, and the original Parties to this Action (through
counsel), have executed and filed with the Court an amendment to this Protective Order.
XX.
SUBPOENAS
Any Party or person in possession of Protected Information who receives a subpoena or
other process from any person or entity who is not a party to this Protective Order, which
subpoena or other process seeks production or other disclosure of such information, shall, within
three (3) business days after receipt of such process or reasonably prior to the date on which such
process seeks the production of such information, give telephonic notice and written notice by
overnight delivery or e-mail to counsel for the Disclosing Party who designated the materials as
Protected Information, identifying the materials sought and enclosing a copy of the subpoena or
other process. The Party or person receiving the subpoena shall also inform the person seeking
the Protected Information that such information is subject to this Protective Order.

No

production or other disclosure of such information pursuant to the subpoena or other process
shall occur before the last date on which production may be made as specified in or required by
the subpoena or other process. Nothing contained within this paragraph shall obligate any Party
or person who receives a subpoena or other process seeking the production or disclosure of

STIPULATED PROTECTIVE ORDER

PAGE 16

Protected Information to resist such production or disclosure, or be construed as encouraging any
Party or person not to comply with any court order, subpoena, or other process, but the Party or
person receiving the subpoena will not interfere with the Disclosing Party’s attempt to seek
protection or relief from any such court order, subpoena, or other process.
XXI.
COUNSEL OF RECORD
All counsel in this Action and all members and employees of their relative law firms will
take all steps reasonably necessary to comply with this Protective Order.
XXII.
DESIGNATION OF DOCUMENTS
Designation of any document as “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY”
or “HIGHLY CONFIDENTIAL” does not mean that for any purpose that document necessarily
contains or reflects trade secrets or non-public, proprietary or confidential information or other
confidential matters.

Such designation as “CONFIDENTIAL” or “ATTORNEYS’ EYES

ONLY” or “HIGHLY CONFIDENTIAL” cannot be either a presumption, inference or evidence
that such document contains or reflects trade secrets or nonpublic proprietary commercial
information or other confidential matters.
XXIII.
MISCELLANEOUS
(a) Upon the final resolution of this litigation, the provisions of this Protective Order shall
continue to be binding.

This Court expressly retains jurisdiction over this litigation for

enforcement of the provisions of this Order following the final resolution of this litigation.
(b) This Protective Order is binding on all Parties to this action, on all Non-Parties who have

STIPULATED PROTECTIVE ORDER

PAGE 17

agreed to be bound by this Protective Order, and shall remain in force and effect until modified,
superseded, or terminated by consent of the parties or by Order of the Court.
(c) All time periods set forth in this Protective Order shall be calculated according to Rule 6
of the Federal Rules of Civil Procedure, as then in effect.
(d) This Protective Order may be executed in counterparts. Facsimile or .PDF signatures will
be Considered as valid signatures as of the date hereof, although counsel will retain the original
signature pages in case they must be filed with the Court at some time in the future.
IT IS SO ORDERED:

IT IS SO ORDERED this ____ day of _______________, 2017.
December 13, 2017.

BY THE COURT:

_______________________
PRESIDING
Cheryl R. Zwart JUDGE
United States Magistrate Judge
Respectfully submitted,
/s/ John P. Passarelli
John P. Passarelli
Nebraska State Bar No. 16018
Carol A. Svolos
Nebraska State Bar No. 24731

i

KUTAK ROCK, LLP
1650 Farnam Street
The Omaha Building
Omaha, Nebraska 68102
Phone: [phone]
Fax: [phone]
[e-mail]
[e-mail]
and
m
Jacob B. Kring (Pro Hac Vice Pending)
Texas State Bar No. 24062831
Britton D. McClung (Pro Hac Vice Pending)

STIPULATED PROTECTIVE ORDER

PAGE 18

Texas State Bar No. 24060248
Laura M. Fontaine (Pro Hac Vice Pending)
Texas State Bar No. 24065239
HEDRICK KRING, PLLC
1700 Pacific Avenue, Suite 4650
Dallas, Texas 75201
Phone: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
ATTORNEYS FOR PLAINTIFF

/s Michael T. Hilgers
Michael T. Hilgers
Nebraska State Bar No: 24483
HILGERS GRABEN PLLC
14301 FNB Parkway, Suite 100
Omaha, Nebraska 68145
Phone: [phone]
Fax: [phone]
[e-mail]
Eleanor M. Lackman (Pro Hac Vice Pending)
New York State Bar No. 4219598
COWAN, DEBAETS, ABRAHAMS & SHEPPARD LLP
41 Madison Avenue, 38th Floor
New York, New York 10010
Phone: [phone]
Fax: [phone]
[e-mail]
ATTORNEYS FOR DEFENDANT

STIPULATED PROTECTIVE ORDER

PAGE 19

Exhibit “A”
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
IAN V. JACOBS,
Plaintiff,
v.
FAREPORTAL, INC.,
Defendant.

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CIVIL ACTION NO. 8:17-CV-00362

AGREEMENT TO BE BOUND BY PROTECTIVE ORDER
I, ____________ , declare:
1.

My current business address (or home address if no business address exists) is

2.

I have received a copy of the Stipulated Protective Order (the “Order”) in this

Action. I have carefully read and understand the provisions of the Order.
3.

I agree to be bound by the provisions of the Order.

4.

I will hold in confidence and not disclose, or cause anyone else to disclose, any

CONFIDENTIAL INFORMATION, ATTORNEYS’ EYES ONLY INFORMATION, or
HIGHLY CONFIDENTIAL INFORMATION (collectively, “Protected Information”) to anyone
not qualified to receive such Protected Information under this Order.
5.

I will use Protected Information only for the purposes of this litigation.

6.

In the event I am not certain whether disclosure in a particular instance is

permissible under the Order, I will request guidance from the counsel for the party providing me
with the Protected Information and will disclose such Protected Information only if advised by
counsel that such disclosure is permissible.

STIPULATED PROTECTIVE ORDER

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7.

I will return all Protected Information to counsel for the party providing me with

the Protected Information in accordance with the provisions of the Order.
8.

I consent to the jurisdiction of this Court for the purposes of enforcement of this

Order.

Dated:

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STIPULATED PROTECTIVE ORDER

By:

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