Heimann v. University of Nebraska Medical Center et al

Filing 20

ORDER granting 19 Motion for Protective Order. Ordered by Magistrate Judge Susan M. Bazis. (CCB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
NICHOLAS HEIMANN,
Plaintiff,
vs.
UNIVERSITY OF NEBRASKA MEDICAL
CENTER, UNIVERSITY OF NEBRASKA
BOARD OF REGENTS, DR. SURINDER
K. BATRA in his official capacity and
individually,

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8:18CV128

PROTECTIVE ORDER

Defendants.
This matter is before the Court on the parties’ Motion and Stipulation for
Protective Order. (Filing No. 19.) The motion is granted. Accordingly,
IT IS ORDERED as follows:
A.

Confidential Information Defined. For purposes of this Protective

Order (“Order”), “Confidential Information” shall be defined to include all
information furnished by one party to another party, as well as all notes,
analyses, interpretation and other documents prepared upon the basis of
Confidential Information received from a party. Confidential Information shall
include, but shall not be limited to, information which is subject to protection
under the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. §
1232g as amended, and confidential personnel information. Such definition
applies whether or not such information is marked or designated on the
document as confidential. The term “Confidential Information” does not include
information which:

i.

was or becomes generally available to the public other than as
a result of a disclosure prohibited by the terms hereof;

ii.

was or becomes available to a party hereto on a nonconfidential basis from a source other than a party hereto or
its employees, agents or advisors, provided the source of such
information is not bound by a confidentiality order regarding
such information or is not otherwise prohibited from
transmitting such information to a party hereto, and provided,
however, that information within the definition of Confidential
Information shall include such information disclosed prior to
the effective date of this Order by a part or its employees,
agents, or advisors within the last twelve (12) months prior to
the effective date of this Order; or

iii.

was available to a party on a non-confidential basis prior to
its disclosure by another party, its employees, agents or
advisors.

Each of the parties acknowledge that the other party’s Confidential Information
is proprietary and confidential and that maintaining such confidential nature is
required hereunder and by law and is reasonable and required in order to
maintain compliance with applicable law and for the continued operations and
success of the party disclosing such Confidential Information, and a breach
hereof would cause irreparable harm and damaged to the non-breaching party.

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B.

Restrictions Regarding Disclosure of Confidential Information. Each

party shall hold Confidential Information of the other party in strict confidence
and use it solely for the purpose of evaluating and conducting the litigation
between them and not in any way for its own or any other person’s or entity’s
benefit and shall not disclose such Confidential Information to any third party
without the prior written permission of the party providing the Confidential
Information. In addition, the parties shall maintain in confidence this Order and
any negotiations and discussions between them.
C.

Disclosure for Purposes of Litigation. Notwithstanding the foregoing,

the parties may disclose the Confidential Information of the other party to its
respective employees, agents and advisors, but only to the extent necessary to
evaluate and conduct the litigation between them. And prior to such disclosure,
all such employees, agents and advisors shall be informed of the confidential
nature of the Confidential Information and instructed not to disclose such
information without the information without the prior written consent of the
party providing the Confidential Information. Each of the parties shall be fully
responsible for the acts of its respective employees, agents and advisors with
respect to the Confidential Information, whether or not such acts were
authorized or approved by a party. Each party shall take all reasonable
precautions to prevent inadvertent use, copying or disclosure of Confidential
Information.
D.

Any Confidential documents that are filed with the court will be

reviewed by the party proposing the document, and the names and other

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identifying details of the students or former students involved will be deleted (or
replaced with initials). The parties will attempt to agree to any deletions of
information in advance. If the parties are unable to agree on the deletion of
information, the court will be requested to review the document in camera and
make a determination of what, if any, information should be deleted from the
document.
E.

Return of Confidential Information. The parties shall, upon

application by a party for and entry of the order of this court or other subsequent
court having jurisdiction of the litigation to do so, return the Confidential
Information provided by and about the applying party to the applying party all,
or any specified part, of the Confidential Information of the applying party,
including all copies of such information. Notwithstanding the foregoing, the
parties shall continue to be bound by the obligations of confidentiality imposed
by this order, even after its termination, or the termination of the litigation.
F.

Regulatory Reporting Duties. Nothing contained in this Order shall

limit, restrict of impair the parties’ performance of any governmental regulatory
reporting duties or requirements, and such party’s performance of any such
duties or requirements shall not be a violation of this Order.
Dated this 27th day of August, 2018.

BY THE COURT
s/ Susan M. Bazis
United States Magistrate Judge

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