Green v. Allied Oil & Tire Company

Filing 14

PROTECTIVE ORDER - This matter is before the Court on the parties' Joint Stipulation for Protective Order. (Filing No. 13 .) For good cause shown, the motion is granted. Ordered by Magistrate Judge Susan M. Bazis. (LKO)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
TODD L. GREEN,

8:17-cv-387

Plaintiff,
v.

PROTECTIVE ORDER

ALLIED OIL & TIRE COMPANY, a
Nebraska corporation,
Defendant.

This matter is before the Court on the parties’ Joint Stipulation for Protective Order. (Filing
No. 13.) For good cause shown, the motion is granted.
Accordingly, a protective order is entered as follows:
1.

Scope. All information, documents and materials produced in the course of

discovery of this case, including initial disclosures, all responses to discovery requests, all
deposition testimony and exhibits, and information derived directly therefrom (hereinafter
collectively “documents”), are subject to this Order concerning confidential information as set
forth below. The Order is also subject to the applicable rules of procedure and local rules on matters
of procedure and calculation of time periods.
2.

Form and Timing of Designation. A party may designate documents as

confidential and restricted in use and disclosure under this Order by placing or affixing the word
“CONFIDENTIAL” on the document in a manner that will not interfere with the legibility of the
document. Documents shall be designated CONFIDENTIAL prior to or at the time of the
production or disclosure of the documents. Any document produced by either party prior to entry
of this Order may be designated and deemed confidential subject the terms of this Order by
identifying each such document in writing within twenty (20) days of the date this Order is entered.

The designation “CONFIDENTIAL” does not mean that the document has any status or protection
by statute or otherwise except to the extent and for the purposes of this Order.
3.

Documents Which May be Designated CONFIDENTIAL. Any party may

designate documents as CONFIDENTIAL upon a good faith belief that the documents contain
information protected from disclosure by statute or that should be protected from disclosure as
confidential personal information, medical or psychiatric information, trade secrets, personnel
records, or such other sensitive commercial and/or financial information that is not publicly
available.
4.

Inadvertent Failure to Designate. Inadvertent failure to designate any documents

as “CONFIDENTIAL,” in itself, will not constitute a waiver of an otherwise valid claim of
confidentiality pursuant to this Order, so long as a claim of confidentiality is asserted within thirty
(30) days after discovery of the inadvertent failure.
5.

Depositions. Deposition testimony will be deemed confidential only if designated

as such when the deposition is taken or within thirty (30) days after receipt of the deposition
transcript, in writing. Such designation must be specific as to the portions of the transcript and/or
any exhibits to be protected.
6.

Protection of Confidential Material.
(a)

General Protections. Documents designated CONFIDENTIAL must be

used or disclosed solely for purposes of prosecuting or defending this lawsuit, including any
appeals.
(b)

Who May View Designated Confidential Information. Except with the

prior written consent of the designating party or prior order of the court, documents designated
CONFIDENTIAL may only be disclosed to the following persons:

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(1)

(2)

Counsel for the parties and employees and agents of counsel;

(3)

The court and court personnel, including any special master
appointed by the court, and members of the jury;

(4)

Court reporters, recorders, and videographers engaged for depositions;

(5)

Any mediator appointed by the court or jointly selected by the
parties;

(6)

Any expert witness, outside consultant, or investigator retained
specifically in connection with this litigation, but only after such
persons have completed the certification contained in Attachment
A, Acknowledgment and Agreement to be Bound;

(7)

Any potential, anticipated, or actual fact witness and his or her
counsel, but only to the extent such confidential documents or
information will assist the witness in recalling, relating, or
explaining facts or in testifying, and only after such persons have
completed the certification contained in Attachment A,
Acknowledgement and Agreement to Be Bound;

(8)

Other persons only by written consent of the producing party or
upon order of the Court and on such conditions as may be agreed or
ordered. All such persons shall execute the certification contained
in Attachment A, Acknowledgement and Agreement to Be Bound.

(c)
appropriate

The parties to this litigation, including any employees, agents, and
representatives of the parties;

Control of Documents. Counsel for the parties shall take reasonable and

measures

to

prevent

unauthorized

disclosure

of

documents

designated

CONFIDENTIAL pursuant to the terms of this Order. Counsel shall maintain copies of the forms
signed by persons acknowledging their obligations under this Order for a period of one (1) year
after dismissal of the action, the entry of final judgment and/or the conclusion of any appeals
arising therefrom. No acknowledgement forms are required for persons listed in paragraphs 6(b)(1)
through (5).
(d)

Copies. Prior to production to another party, all copies, electronic images,

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duplicates, extracts, summaries or descriptions (hereinafter referred to collectively as "copies") of
documents designated CONFIDENTIAL under this Order, or any individual portion of such a
document, shall be affixed with the designation “CONFIDENTIAL” if the word does not already
appear on the copy. All such copies shall thereafter be entitled to the protection of this Order. The
term "copies" shall not include indices, electronic databases or lists of documents provided these
indices, electronic databases or lists do not contain substantial portions or images of the text of
confidential documents or otherwise disclose the substance of the confidential information
contained in those documents.
7.

Filing of CONFIDENTIAL Documents Under Seal. In the event a party seeks to

file any documents designated CONFIDENTIAL and subject to protection under this Order with
the court, that party must take appropriate action to insure that the document receives proper
protection from public disclosure including: (a) filing a redacted document with the consent of the
party who designated the document as confidential; (b) seeking permission to file the document as
a "restricted access" document; or (c) where appropriate, submitting the document solely for in
camera review. Nothing in this Order will be construed as a prior directive to allow any document
to be filed under seal or under restricted access. The parties understand that the requested
documents may be filed under seal or under restricted access only with the permission of the court
after proper motion.
8.

Challenges to a Confidential Designation. All CONFIDENTIAL designations are

subject to challenge by any party. Before filing any motion or objection to a confidential
designation, the objecting party shall have an obligation to meet and confer in good faith to resolve
the objection informally without judicial intervention. If agreement is reached confirming or
waiving the designation as to any documents subject to the objection, the designating party shall

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serve on all parties a notice specifying the documents and the nature of the agreement.
9.

Use of Confidential Documents or Information at Trial or Hearing. Nothing in

this Order will be construed to affect the use of any document, material, or information at any trial
or hearing. A party that intends to present or that anticipates that another party may present
documents or other information designated CONFIDENTIAL at a hearing or trial must bring that
issue to the attention of the court and the other parties without disclosing the documents. The court
may thereafter make such orders as are necessary to govern the use of such documents or
information at the hearing or trial.
10.

Obligations on Conclusion of Litigation.
(a)

Order Remains in Effect. Unless otherwise agreed or ordered, this Order

shall remain in force after dismissal or entry of judgment not subject to further appeal or after any
applicable appeals.
(b)

Disposition of CONFIDENTIAL Documents. Within sixty (60) days

after dismissal or entry of final judgment not subject to further appeal, the producing party may
request that all documents designated CONFIDENTIAL under this Order, including copies as
defined in paragraph 6(d), and all information derived therefrom shall be returned to the producing
party unless: (1) the document has been offered into evidence or filed without restriction as to
disclosure; OR (2) the party in possession of such document(s) elects to destroy the documents
and certifies to the producing party that it has done so. Notwithstanding the above requirements
to return or destroy documents, counsel may retain attorney work product, including an index
which refers or relates to documents, so long as that work product does not duplicate verbatim
substantial portions of the text or images of confidential documents. This work product shall
continue to be CONFIDENTIAL under this Order. An attorney may use his or her work product

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in a subsequent litigation provided that its use does not disclose or use the documents. The parties
further agree that the receiving party is not required to locate, isolate and return emails (including
attachments to emails) that may include designated documents, or designated information
contained in deposition transcripts or drafts or final expert reports.
(c)

Return of Documents Filed under Seal. After dismissal or entry of final

judgment not subject to further appeal, the Clerk may elect to return to counsel for the parties or,
after notice, destroy documents filed or offered at trial under seal or otherwise restricted by the
Court as to disclosure.
(d)

Order Subject to Modification.

This Order shall be subject to

modification by the Court on its own motion or on motion of a party or any other person with
standing concerning the subject matter.
(e)

Persons Bound. This Order shall take effect when entered and shall be

binding upon all counsel and their law firms, the parties, and persons made subject to this Order
by its terms.
11.

No Prior Judicial Determination. This Order is entered based on the

representations and agreements of the parties and for the purpose of facilitating discovery. Nothing
in this Order will be construed or presented as a judicial determination that any documents
designated CONFIDENTIAL by counsel or the parties is entitled to protection under Fed. R. Civ.
P. 26(c) or otherwise until such time as the court may rule on a specific document or issue.
12.

Applicability to Parties Later Joined. If additional persons or entities become

parties to this lawsuit, they must not be given access to any documents designated
CONFIDENTIAL until they execute and file with the court a written agreement to be bound by
the provisions of this Order.

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13.

Protections Extended to Third-Party’s Confidential Information. The parties

agree to extend the provisions of this Protective Order to any documents produced in this case by
third parties, if timely requested by the third party or the parties to this litigation.
14.

Confidential Information Subpoenaed or Ordered Produced in Other

Litigation. If a receiving party is served with a subpoena or an order issued in other litigation that
would compel disclosure of any documents designated in this action as CONFIDENTIAL, the
receiving party must so notify the designating party, in writing, immediately and in no event, no
more than three business days after receiving the subpoena or order. Such notification must include
a copy of the subpoena or court order.
The receiving party also must immediately inform in writing the party who caused the
subpoena or order to issue in the other litigation that some or all of the material covered by the
subpoena or order is the subject of this Order. In addition, the receiving party must deliver a copy
of this Order promptly to the party in the other action that caused the subpoena to issue.
15.

Inadvertent Disclosure of Confidential Information Covered by Attorney-

Client Privilege or Work Product. The inadvertent disclosure or production of any information
or document that is subject to an objection on the basis of attorney-client privilege or work product
protection, including, but not limited to, information or documents that may be considered
confidential under the Protective Order, will be governed by Rule 502 of the Federal Rules of
Evidence.
IT IS SO ORDERED.
Dated this 12th day of July, 2018.
BY THE COURT:

s/ Susan M. Bazis

7

United States Magistrate Judge

8

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
TODD L. GREEN,

8:17-cv-387

Plaintiff,
v.

PROTECTIVE ORDER

ALLIED OIL & TIRE COMPANY, a
Nebraska corporation
Defendant.
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
The undersigned hereby acknowledges that he/she has read the Protective Order dated
_______________ in the above-captioned case, attached hereto, understands the terms thereof,
and agrees to be bound by its terms. The undersigned submits to the jurisdiction of the United
States District Court for the District of Nebraska in matters relating to this Protective Order and
understands that the terms of the Protective Order obligate him/her to use materials designated as
CONFIDENTIAL in accordance with the order solely for the purposes of the above-captioned
action, and not to disclose any such materials to any other person, firm, or concern, except in
accordance with the provisions of the Protective Order. The undersigned acknowledges that
violation of the Protective Order may result in penalties for contempt of court.
Name:

______________________________________

Job Title:

______________________________________

Employer:

______________________________________

Business Address:

______________________________________

Date: _________________

______________________________________
Signature