McCafferty v. University of Nebraska Medical Center et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
SAMANTHA R. MCCAFFERTY,
Plaintiff,
vs.
UNIVERSITY OF NEBRASKA MEDICAL
CENTER and BOARD OF REGENTS OF THE
UNIVERSITY OF NEBRASKA,
Defendants.
CASE NO. 8:25CV493
STIPULATED PROTECTIVE ORDER
Upon consideration of the parties’ joint request for entry of a Protective Order, (Filing No.
19), the Court enters the following Stipulated Protective Order (“Protective Order”) governing
the disclosure of Confidential Discovery Material by a Producing Party to a Receiving Party in
this Action.
1) Definitions. As used in this Protective Order:
a. “Action” refers to the above-captioned litigation.
b. “UNMC” refers to the University of Nebraska Medical Center.
c. “BRUN” refers to the Board of Regents of the University of Nebraska.
d. “Discovery Material” includes all information exchanged between the parties,
whether gathered through informal requests or communications between the parties
or their counsel, or gathered through formal discovery conducted pursuant to Rules
30 through 36, and Rule 45. Discovery Material includes information within
documents, depositions, deposition exhibits, and other written, recorded,
computerized, electronic or graphic matter, copies, and excerpts or summaries of
documents disclosed as required under Rule 26(a).
8:25-cv-00493-JMG-MDN Doc # 21 Filed: 01/09/26 Page 1 of 12 - Page ID #
<pageID>

2
e. A “Producing Party” is a party to this Action, or a non-party either acting on a
party’s behalf or responding to discovery pursuant to a Rule 45 subpoena, that
produces Discovery Material in this Action.
f. A “Receiving Party” is a party to this Action that receives Discovery Material from
a Producing Party in this Action.
2) Confidential Discovery Material. This Protective Order applies to all Confidential
Discovery Material produced or obtained in this case. For the purposes of this Protective Order,
Confidential Discovery Material shall mean and include:
a. Commercial information relating to the business of any party or UNMC, including,
but not limited to, tax data, financial information, financial or business plans or
projections, proposed strategic transactions or other business combinations, internal
audit practices, procedures, and outcomes, trade secrets or other commercially
sensitive business or technical information, proprietary business and marketing
plans and strategies, studies or analyses by internal or outside experts, competitive
analyses, profit/loss information, product or service pricing or billing agreements
or guidelines, and/or confidential project-related information;
b. Personnel records and data of the parties, BRUN, and UNMC, as well as current
and former employees of BRUN and/or UNMC, including but not limited to:
employment application information; the identity of and information received from
employment references; wage and income information; employees’ personal or
financial information; employee contracts or agreements; benefits information;
employment policies and procedures; employee evaluations; medical evaluation
and treatment information and records; counseling or mental health records;
educational records; and employment counseling, discipline, or performance
improvement documentation;
c. Information concerning settlement discussions and mediation, including demands
or offers, arising from a dispute between a party and a non-party or involving
BRUN or UNMC;
8:25-cv-00493-JMG-MDN Doc # 21 Filed: 01/09/26 Page 2 of 12 - Page ID #
<pageID>

3
d. Medical, counseling, or mental health information;
e. Records restricted or prohibited from disclosure by statute; and
f. Any information copied or extracted from the previously described materials,
including all excerpts, summaries, or compilations of this information or testimony,
and documentation of questioning, statements, conversations, or presentations that
might reveal the information contained within the underlying Confidential
Discovery Material.
3) Manner of Confidential Designation. A Producing Party shall affix a
“CONFIDENTIAL” designation to any Confidential Discovery Material produced in this Action.
a. As to documentary information (defined to include paper or electronic documents,
but not transcripts of depositions or other pretrial or trial proceedings), the
Producing Party must affix the legend “Confidential” to each page that contains
protected material.
b. If only a portion or portions of the information on a document page qualifies for
protection, the Producing Party must clearly identify the protected portion(s) (e.g.,
by using highlighting, underlining, or appropriate markings in the margins).
c. If it is not feasible to label Confidential Discovery Material as “Confidential,” the
Producing Party shall indicate via cover letter or otherwise at the time of production
that the material being produced is “Confidential.”
4) Timing of Confidential Designation.
a. Except as otherwise stipulated or ordered, or where discovery is made available for
inspection before it is formally disclosed, Confidential Discovery Material that
qualifies for protection under this Protective Order must be clearly so designated
before the Confidential Discovery Material is disclosed or produced.
b. If the Producing Party responds to discovery by making Discovery Material
available for inspection, the Producing Party need not affix confidential
8:25-cv-00493-JMG-MDN Doc # 21 Filed: 01/09/26 Page 3 of 12 - Page ID #
<pageID>

4
designations until after the Receiving Party has selected the material it wants to
receive. During the inspection and before the designation, all material made
available for inspection is deemed “Confidential.” After the Receiving Party has
identified the Discovery Material it wants produced, the Producing Party must
determine which materials, or portions thereof, qualify for protection under this
Protective Order, and designate the materials as “Confidential” as required under
this Protective Order.
c. All depositions or portions of depositions taken in this Action that contain
Confidential Discovery Material may be designated as “Confidential” either on the
record during the deposition or by written notice to the other party within thirty (30)
days of receipt of the deposition transcript. Unless otherwise agreed, depositions
shall be treated as “Confidential” during the thirty (30) day period following receipt
of the deposition transcript.
5) Qualified Recipients. For purposes of this Protective Order, the persons authorized
to receive Confidential Discovery Material designated as “Confidential” (hereinafter “Qualified
Recipients”) are:
a. The parties, including any officers, board members, directors, regents, and
employees of BRUN or UNMC (including current and former employees of BRUN
or UNMC who have a need to know or review such Confidential Discovery
Material in order to represent Defendants’ interests in this Action or to sufficiently
testify during a deposition at any trial of this Action), or other legal representatives
of the parties;
b. Legal counsel representing the parties, and members of the paralegal, secretarial,
or clerical staff who are employed by, retained by, or assisting such counsel,
including vendors who are retained to copy documents or electronic files, provide
technical, litigation support, or mock trial services, or provide messenger or other
administrative support services;
8:25-cv-00493-JMG-MDN Doc # 21 Filed: 01/09/26 Page 4 of 12 - Page ID #
<pageID>

5
c. Any non-expert witness during any deposition or other proceeding in this Action,
and counsel for that witness;
d. Potential witnesses and their counsel, but only to the extent reasonably related to
the anticipated subject matter of the potential witness’s deposition, trial, or hearing
testimony for this Action, so long as such persons agree to maintain the
Confidential Discovery Material in confidence per the terms of this Protective
Order, and provided that such persons may only be shown copies of Confidential
Discovery Material and may not retain any such material in any medium
whatsoever (including physical/paper or electronic copies);
e. Consulting or testifying expert witnesses who will be providing professional
opinions or assistance for this Action based upon a review of the Confidential
Discovery Material, and the staff and assistants employed by the consulting or
testifying experts;
f. Any mediator or arbitrator retained by the parties to assist with resolving and/or
settling the claims of this Action, and the staff and assistants employed by the
mediator or arbitrator;
g. The parties’ insurers for this Action, and their staff and assistants, members,
officers, board members, directors or other legal representatives;
h. Court reporters for depositions taken in this Action, including persons operating
video recording equipment and persons preparing transcripts of testimony;
i. The Court and its staff, any court reporter or typist recording or transcribing
hearings and testimony, and jurors; and
j. Any auditor or regulator of a party entitled to review the Confidential Discovery
Material due to contractual rights or obligations, federal or state laws, or court
orders, but solely for such contractual or legal purposes.
6) Dissemination by the Receiving Party. Counsel for the Receiving Party shall:
8:25-cv-00493-JMG-MDN Doc # 21 Filed: 01/09/26 Page 5 of 12 - Page ID #
<pageID>

6
a. Require non-expert witnesses, potential witnesses and their counsel, and consulting
or testifying expert witnesses who are Qualified Recipients (as defined in Sections
5(c), 5(d), and 5(e)) who receive Confidential Discovery Material designated as
“Confidential” to review and agree to the terms of this Protective Order and execute
a copy of the Agreement attached hereto as Exhibit A (“Exhibit A Agreement”)
before receiving Confidential Discovery Material.
b. Instruct witnesses, consultants, and outside counsel who assist with case
preparation or represent a witness that disclosure of Discovery Material designated
as “Confidential” is prohibited as set forth herein.
c. Maintain a record of any Confidential Discovery Material disclosed and to whom,
along with the executed copies of the Exhibit A Agreement.
The prohibition on disclosing Discovery Material designated as “Confidential” exists and
is enforceable by the Court even if the person receiving the information fails or refuses to sign
the Exhibit A Agreement.
7) Artificial Intelligence. Qualified Recipients shall not, without the Producing Party’s
express written consent, upload, submit, or otherwise provide Confidential Discovery Material
(or any information extracted therefrom) or any deposition testimony taken in this matter to any
open-source artificial intelligence platform or service including, but not limited to, platforms or
services that use or assemble uploaded information to train or improve machine-learning models.
This prohibition applies regardless of whether the artificial intelligence platform or service
represents it will maintain the confidentiality of information submitted by the user. The parties
and their counsel are not prohibited from uploading, submitting, or otherwise providing
Confidential Discovery Material (or information extracted therefrom) or any deposition
testimony taken in this matter to a closed-source artificial intelligence platform or service,
including Westlaw, LexisNexis, Servient’s AI Canvas, or any other closed-source artificial
intelligence platform or service agreed to by the parties.
8) Duty as to Designations. Each Producing Party that designates Discovery
Material as “Confidential” must exercise reasonable care to limit any such designation to specific
material that qualifies under the appropriate standards, and designate only those parts of the
8:25-cv-00493-JMG-MDN Doc # 21 Filed: 01/09/26 Page 6 of 12 - Page ID #
<pageID>

7
material, documents, items, or oral or written communications that qualify, so that other portions
of the material, documents, items, or communications for which protection is not warranted are
not swept unjustifiably within the ambit of this Order. Broadly described, indiscriminate, or
routinized designations are prohibited.
9) Limitations on Use. Confidential Discovery Material designated as
“CONFIDENTIAL” shall be used by the Receiving Party only to prepare for and conduct
proceedings herein and not for any business or other purpose whatsoever. The parties
acknowledge that some of the information produced in this case may be protected health
information, or contain such information, within the meaning of the Health Insurance Portability
and Accountability Act (“HIPAA”). Consistent with 45 C.F.R. § 164.512(e)(1)(iv)(v), and as to
the health information requested, counsel and the Receiving Party:
a. Shall not use or disclose the information for any purpose other than the litigating of
this Action;
b. Shall return or destroy the protected health information (including all copies made) at
the end of this Action; and
c. Shall request, use, and disclose only the minimum amount necessary to conduct this
Action.
10) Maintaining Confidentiality. Confidential Discovery Material designated as
“Confidential” shall be held in confidence by each Qualified Recipient to whom it is disclosed,
shall be used only for purposes of this Action, and shall not be disclosed to any person who is not
a Qualified Recipient. Each party, each Qualified Recipient, and all counsel representing any
party shall use their best efforts to maintain all Confidential Discovery Material designated as
“Confidential” in such a manner as to prevent access, even at a hearing or trial, by individuals
who are not Qualified Recipients. Nothing herein prevents disclosure beyond the terms of this
Protective Order if the party claiming confidentiality of Discovery Material consents in writing
to such disclosure.
11) Copies. Confidential Discovery Material designated as “Confidential” shall not be
copied or otherwise reproduced by the Receiving Party, except for transmission to Qualified
Recipients, without the written permission of the Producing Party or, in the alternative, by order
8:25-cv-00493-JMG-MDN Doc # 21 Filed: 01/09/26 Page 7 of 12 - Page ID #
<pageID>

8
of the Court. However, nothing herein shall restrict a Qualified Recipient from loading
Confidential Discovery Material designated as “Confidential” into document review platforms or
programs for the purposes of case or trial preparation or making working copies, abstracts,
digests, and analyses of Confidential Discovery Material designated as “Confidential” under the
terms of this Protective Order.
12) Docket Filings. All documents of any nature including, but not limited to, briefs,
motions, memoranda, transcripts, discovery responses, evidence, and the like that are filed with
the Court for any purpose and that contain Confidential Discovery Material designated as
“Confidential” shall be filed under restricted access pursuant to NECivR 5.3(c). If the pleading
or document is already subject to this Protective Order or contains Confidential Discovery
Material designated as “Confidential” pursuant to this Protective Order, no additional formal
motion for leave to file restricted access documents shall be required. A party seeking to file
Confidential Discovery Material designated as “Confidential” under restricted access must
comply with the Court’s rules and electronic docketing procedures for filings.
13) Depositions. The following procedures shall be followed at all depositions to protect
the integrity of all Confidential Discovery Material designated as “Confidential”:
a. Only Qualified Recipients may be present at a deposition in which such information
is disclosed or discussed.
b. All deposition testimony which discloses or discusses Confidential Discovery
Material designated as “Confidential” is likewise deemed designated as
“Confidential”.
c. Confidential Discovery Material designated as “Confidential” may be used at a
nonparty deposition only if necessary to the testimony of the witness.
14) Challenges to Confidentiality Designations. A Receiving Party that questions the
Producing Party’s confidentiality designation must first contact the Producing Party and confer
in good faith to resolve the dispute. If the parties are unable to resolve the dispute without court
intervention, they shall schedule a conference call with the magistrate judge assigned to this
Action before engaging in written motion practice. If a written motion and briefing are necessary,
and if the information in dispute must be reviewed by the Court to resolve that motion, the
8:25-cv-00493-JMG-MDN Doc # 21 Filed: 01/09/26 Page 8 of 12 - Page ID #
<pageID>

9
Discovery Material designated as “Confidential” shall be filed under restricted access pursuant
to the Court’s electronic docketing procedures. The party that produced the Confidential
Discovery Material designated as “Confidential” bears the burden of proving it was properly
designated. The party challenging a “Confidential” designation must obtain a court order before
disseminating the information to anyone other than Qualified Recipients.
15) Use at Court Hearings and Trial. Subject to the Federal Rules of Evidence,
Confidential Discovery Material designated as “Confidential” may be offered and received into
evidence at trial or at any hearing or oral argument. A party agreeing to the entry of this Protective
Order does not thereby waive the right to object to the admissibility of the material in any
proceeding, including trial. Any party may move the Court for an order that Discovery Material
designated as “Confidential” be reviewed in camera or under other conditions to prevent
unnecessary disclosure.
16) Return or Destruction of Documents. Upon final termination of this Action,
including all appeals, each party shall make reasonable efforts to thoroughly destroy all
Confidential Discovery Material designated as “Confidential.” The destroying party shall notify
the Producing Party in writing when destruction under this provision is complete. If a party is
unable to destroy all Confidential Discovery Material designated as “Confidential,” that material
shall be returned to the Producing Party or the Producing Party’s counsel. Notwithstanding the
other provisions of this Section, legal counsel for each party may retain up to two (2) complete
sets of the pleadings, trial transcripts, exhibits admitted in any deposition, documents filed with
the Court, deposition transcripts (including deposition exhibits), and discovery responses and
shall remain bound to preserve the confidentiality of such documents and items in accordance
with the provisions of this Protective Order. Furthermore, nothing herein shall require legal
counsel for any party to return or destroy correspondence, including electronic email
correspondence, which has “Confidential” materials attached thereto. This Protective Order shall
survive the final termination of this action, and it shall be binding on the parties and their legal
counsel in the future.
17) Modification. This Protective Order is entered without prejudice to the right of any
party to ask the Court to order additional protective provisions, or to modify, relax, or rescind
any restrictions imposed by this Protective Order when convenience or necessity requires.
8:25-cv-00493-JMG-MDN Doc # 21 Filed: 01/09/26 Page 9 of 12 - Page ID #
<pageID>

10
Disclosure other than as provided for herein shall require the prior written consent of the
Producing Party, or a supplemental Protective Order of the Court.
18) Additional Parties to Litigation. In the event additional parties are joined in this
action, they shall not have access to Discovery Material designated as “Confidential” until the
newly joined party, by its counsel, has executed and, at the request of any party, filed with the
court, its agreement to be fully bound by this Protective Order.
19) Sanctions.
a. Any party subject to the obligations of this Protective Order who is determined by
the Court to have violated its terms may be subject to sanctions imposed by the
Court under Rule 37 of the Federal Rules of Civil Procedure and the Court’s
inherent power.
b. Confidentiality designations that are shown to be clearly unjustified or that have
been made for an improper purpose (e.g., to unnecessarily prolong or encumber
the case development process or to impose unnecessary expenses and burdens on
other parties) may expose the designating party to sanctions pursuant to Rule 37
of the Federal Rules of Civil Procedure and the Court’s inherent power. Upon
discovering that certain Confidential Discovery Material was erroneously
designated as CONFIDENTIAL, the Producing Party shall promptly notify all
other parties of the improper designation and reproduce the Discovery Material at
issue without the erroneous “Confidential” designation.
20) Inadvertent Disclosure of Protected Confidential Discovery Material.
a. A Producing Party that inadvertently fails to properly designate Confidential
Discovery Material as “Confidential” shall have 30 days from discovering the
oversight to correct that failure. Such failure shall be corrected by providing
written notice of the error to every Receiving Party.
b. Any Receiving Party notified that Confidential Discovery Material was received
without the appropriate “Confidential” designation as authorized under this
Protective Order shall make reasonable efforts to retrieve any such Discovery
8:25-cv-00493-JMG-MDN Doc # 21 Filed: 01/09/26 Page 10 of 12 - Page ID #
<pageID>

11
Material distributed to persons who are not Qualified Recipients under this
Protective Order, and as to Qualified Recipients, shall exchange the undesignated
or improperly designated Confidential Discovery Material with those that include
the correct “Confidential” designation.
21) Disclosure of Privileged or Work Product Discovery Material.
a. The production of attorney-client privileged, or work-product protected
electronically stored information (“ESI”) or paper documents, whether disclosed
inadvertently or otherwise, shall not be a waiver of the privilege or protection from
discovery in this Action 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.
b. Any party who discloses documents that are privileged or otherwise immune from
discovery, upon discovery of such disclosure, shall 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 Receiving Party shall also endeavor,
in good faith, to return or destroy all copies of such documents in electronic format,
and it shall provide the Producing Party with written notice that all copies of the
documents have been returned or destroyed. The Receiving Party returning such
produced documents may thereafter seek re-production of any such documents
pursuant to applicable law.
Dated this 9th day of January, 2026.
BY THE COURT:
Michael D. Nelson
United States Magistrate Judge
8:25-cv-00493-JMG-MDN Doc # 21 Filed: 01/09/26 Page 11 of 12 - Page ID #
<pageID>

12
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
SAMANTHA R. MCCAFFERTY,
Plaintiff,
vs.
UNIVERSITY OF NEBRASKA MEDICAL
CENTER and BOARD OF REGENTS OF THE
UNIVERSITY OF NEBRASKA,
Defendants.
CASE NO. 8:25CV493
AGREEMENT
I, the undersigned individual, hereby acknowledge that I am about to receive discovery
material, documents, or information designated as “Confidential” (“Confidential Discovery
Material”) supplied in connection with the above-captioned case. I understand that such
Confidential Discovery Material is being provided to me pursuant to the terms and restrictions of
the Protective Order entered in this case. I have been given a copy of the Protective Order, have
read the Protective Order, and agree to be bound by and comply with its terms. I understand that
Confidential Discovery Material as defined in the Protective Order, or any notes or other records
that may be made regarding any such materials, shall not be disclosed to any persons except as
permitted by the Protective Order. I further agree that the Protective Order applies to me and that
I will submit to the jurisdiction of the United States District Court for the District of Nebraska for
the purposes of any proceedings relating to the Protective Order.
___________________________________ _________________________________
Signature Date
_________________________________________
Printed Name
4929-7616-1926, v. 2
8:25-cv-00493-JMG-MDN Doc # 21 Filed: 01/09/26 Page 12 of 12 - Page ID #
<pageID>