Thompson v. Union Pacific Railroad Co.

          Joseph P. McKay Khayyam M. Eddings Joshua C. Ashley FRIDAY, ELDREDGE & CLARK, LLP Attorneys for Defendant

          Nelson G. Wolff Scott M. Gershenson SCHLICHTER, BOGARD & DENTON, LLP Attorneys for Plaintiff

          PROTECTIVE ORDER

          SUSAN WEBBER WRIGHT UNITED STATES DISTRICT JUDGE

         Before the Court is a Joint Motion for Protective Order. Upon consideration, the Court finds that the motion should be and hereby is GRANTED. The Court enters the following Protective Order as proposed by the parties:

         The parties have information to disclose which may require protection due to its confidential or proprietary nature. Accordingly, the parties agree:

1. Scope. All documents produced in the course of discovery, including all responses to discovery requests, all deposition testimony and exhibits, other materials which may be subject to restrictions on disclosure for good cause and information derived directly therefrom (hereinafter collectively “documents”), shall be subject to this Order concerning confidential information as set forth below.

2. Form and Timing of Designation. A party may designate documents as confidential and restricted in disclosure under this Order by placing or affixing the words “CONFIDENTIAL” on the document in a manner that will not interfere with the legibility of the document and that will permit complete removal of the designation. Documents shall be designated CONFIDENTIAL prior to or at the time of the production or disclosure of the documents. 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. Any party may designate documents as CONFIDENTIAL upon making a determination 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, proprietary, or such other sensitive commercial information that is not publicly available.

4. Protection of Confidential Material.

a. General Protections. Documents designated CONFIDENTIAL -under this Order shall not be used or disclosed by the parties, counsel for the parties or any other persons identified in Paragraph 4(b) for any purpose whatsoever other than to prepare for and to conduct discovery and trial in this action, including any appeal thereof.

b. Limited Third-Party Disclosures. The parties and counsel for the parties shall not disclose or permit the disclosure of any CONFIDENTIAL documents to any third person or entity except as set forth in subparagraphs (i)-(v). Subject to these requirements, the following categories of persons may be allowed to review documents that have been designated CONFIDENTIAL:

i. Counsel. Counsel (or the parties and employees and agents of counsel) who have responsibility for the preparation and trial of the action;

ii. Parties. Parties and employees of a party to this Order.

iii. Court Reporters and Recorders. Court reporters and recorders engaged for ...