New Hamphshire Insurance Company v. United States of America
STIPULATED PROTECTIVE ORDER This matter is before the Court on the parties' Joint Motion for Entry of Stipulated Protective Order (Filing No. 34 ). The motion is granted. Ordered by Magistrate Judge Susan M. Bazis. (LRM)
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
NEW HAMPSHIRE INSURANCE
COMPANY, as Subrogee of JAMES
UNITED STATES OF AMERICA,
This matter is before the Court on the parties’ Joint Motion for Entry of Stipulated
Protective Order (Filing No. 34). The motion is granted. Accordingly,
Upon a showing of good cause in support of the entry of a protective order to control the
discovery and dissemination of confidential or proprietary information in this case (hereafter
collectively referred to as “Confidential Information”),
IT IS ORDERED:
Confidential Information will include confidential or proprietary business
information. For purposes of this Order, the following categories of documents and information
will generally be considered “Confidential Information” and subject to this Protective Order:
Medical or healthcare records related to James Pearson;
Confidential or proprietary business information.
Confidential Information subject to this Protective Order may, depending on the
content, be included in a variety of documents, including but not limited to, Agency records,
documents produced pursuant to written discovery, answers to interrogatories, responses to
requests for admission, deposition testimony, including all copies thereof, and other information
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disclosed in the context of discovery of this case by either party or disclosed pursuant to the
discovery procedures created by the Federal Rules of Civil Procedure.
Confidential Information shall not be disclosed or used for any purpose except the
preparation and trial of this case, New Hampshire Insurance Company, as Subrogee of James
Pearson v. United States of America, and will not be used in any other litigation.
Confidential Information shall not, without the consent of the party producing it or
further Order of the Court, be disclosed except that such information may be disclosed to:
any person who previously received or authored the materials;
persons regularly employed or associated with the attorneys actively
working on the case;
Defendant and Representatives of Defendant;
James Pearson and his representative, if any;
treating medical providers, expert witnesses, and consultants retained in
connection with this proceeding;
mediators, facilitators, or other persons retained by the parties to assist in
the resolution of this matter, and their staff;
the Court and its employees (“Court Personnel”);
stenographic reporters who are engaged in proceedings necessarily incident
to the conduct of this action;
deponents, witnesses, or potential witnesses; and
attorneys actively working on this case;
at hearings or trial, to the extent admissible.
Prior to disclosing any Confidential Information to any person listed above (other
than counsel, Plaintiff, Defendants and Representatives of Defendants, persons employed by
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counsel, mediators and facilitators, Court Personnel, and stenographic reporters), counsel shall
inform such person that the document(s) being provided are subject to the Protective Order.
Documents shall be designated as Confidential Information by counsel by placing
or affixing on them (in a manner that will not interfere with their legibility) the following notice:
“CONFIDENTIAL” or “SUBJECT TO PROTECTIVE ORDER” or a substantially similar
designation. If the document did not originate from the party seeking to affix the Confidential
Information label, or was not produced in this action by that party, the Confidential Information
designation will occur upon written notice of that designation provided to all counsel of record
within thirty (30) days after receipt of the information or document containing Confidential
Information. Subject to the procedures in Paragraph 8, upon such notice the document will be
treated as Confidential Information within the meaning of this Protective Order.
Whenever a deposition involves the disclosure of Confidential Information, the
deposition or portions thereof shall be designated as confidential by counsel and shall be subject
to the provisions of this Protective Order. Such designation shall be made on the record during
the deposition whenever possible, but a party may designate portions of depositions as containing
Confidential Information after transcription, provided written notice of the designation is promptly
given to all counsel of record within thirty (30) days after notice by the court reporter of the
completion of the transcript.
A party may object to the designation of Confidential Information by giving written
notice to the party designating the disputed information as Confidential Information. The written
notice shall specifically identify the information to which the objection is made. If the parties
cannot resolve the objection, it shall be the obligation of the party objecting to the designation as
Confidential Information to file an appropriate motion requesting that the Court determine whether
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the disputed information should be subject to the terms of this Protective Order. Such motion must
generally be filed within thirty (30) days after submitting written objection to the Confidential
Information designation. If such a motion is timely filed, the disputed information shall be treated
as Confidential Information under the terms of this Protective Order until the Court rules on the
In connection with a motion filed under this provision, the party designating the
information as Confidential Information shall bear the burden of establishing that good cause exists
for the designated information to be treated as Confidential Information.
Confidential Information may be filed with the Court to the extent reasonably
necessary to support motions or other matters related to the litigation. If any Confidential
Information must be filed with the Court, such Confidential Information shall be filed under seal,
restricted access or redacted, as appropriate.
Disclosure of Privileged or Work Product Discovery Material: The production of
attorney-client privileged, or work-product protected electronically stored information (“ESI”) or
paper documents, whether disclosed inadvertently or otherwise, is not a waiver of the privilege or
protection from discovery in this case or in any other federal or state proceeding. This Protective
Order shall be interpreted to provide the maximum protection allowed by Federal Rule of Evidence
502(d). Nothing contained herein is intended to or shall serve to limit a party’s right to conduct a
review of documents, ESI or information (including metadata) for relevance, responsiveness
and/or segregation of privileged and/or protected information before production. Any party who
discloses documents that are privileged or otherwise immune from discovery shall promptly upon
discovery of such disclosure, advise the Receiving Party and request that the documents be
returned. The Receiving Party shall return such produced documents or certify their destruction,
including all copies, within 14 days of receiving such a written request. The party returning such
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produced documents may thereafter seek reproduction of any such documents pursuant to
At the conclusion of this case, each document and all copies thereof which have
been designated as Confidential Information shall be returned to the party designating them as
confidential. The parties may agree to destroy documents containing Confidential Information by
way of a mutually agreed-upon procedure.
A party or counsel may not unilaterally modify any document so as to remove it
from the protections of this Protective Order. Any document subject to this Protective Order when
produced will remain protected unless the parties agree in writing to remove the designation, or as
otherwise ordered by the Court.
This Protective Order may be amended by written stipulation of the parties, or by
the Court for good cause shown upon notice to all counsel and an opportunity to be heard. This
Protective Order is without prejudice to the right of any party to admit Confidential Information
as evidence or in this action contest the admissibility, discoverability, or privileged status of any
document or information.
Dated this 7th day of January, 2022.
BY THE COURT:
s/ Susan M. Bazis
United States Magistrate Judge
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