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Bamford, Inc. v. Regent Insurance Co.

United States District Court, Eighth Circuit

November 18, 2013

BAMFORD, INC., a Nebraska business corporation, Plaintiff,
v.
REGENT INSURANCE COMPANY and GENERAL CASUALTY INSURANCE COMPANY OF WISCONSIN, both Wisconsin business corporations, Defendants.

PROTECTIVE ORDER

LAURIE SMITH CAMP, Chief District Judge.

This matter comes before the Court on the Joint Stipulation for Protective Order filed by Plaintiff, Bamford, Inc., and Defendants, Regent Insurance Company and General Casualty Company of Wisconsin, incorrectly named General Casualty Insurance Company of Wisconsin in the caption (collectively, the "Parties"). The Court, being fully advised in the premises, hereby orders that all documents, materials, things, information, answers, pleadings, testimony, and other discovery information or items produced by the Parties and non-parties are governed by the following:

1. The Parties recognize that during the course of this proceeding issues may arise which require the disclosure of Confidential Information (as defined in Paragraph 2 below). The Parties also anticipate seeking Confidential Information during discovery and that there will be questioning concerning Confidential Information in the course of depositions. The Parties assert the disclosure of such information outside the scope of this litigation could result in injury to one or more of the Parties' business interests and wish to protect such Confidential Information from public dissemination. The Parties also assert that the need for this Protective Order also applies to any information or materials produced by a non-party as a result of discovery subpoenas or other requests. The Parties have stipulated and agreed to entry of this Protective Order and request the Court enter the Protective Order for the purpose of preventing the disclosure and use of Confidential Information by any Party or non-party except as set forth herein. The terms of this Protective Order shall apply to any information or materials produced by any Party or non-party as part of discovery in this action. Each and every attorney with the law firms representing the Parties in this case shall be deemed to be subject to this Protective Order and shall be deemed to have actual knowledge of the restrictions herein.

2. Definition of "Confidential Information."

A. Under the terms of this Protective Order, "Confidential Information" means any document, file, electronic material, portions of files, transcribed testimony, or responses to discovery requests, including any extract, abstract, chart, summary, note, or copy made therefrom, designated by one of the Parties or a non-party in the manner provided in Paragraph 3 below as containing or comprising confidential information or material.
B. "Confidential Information" shall not include any of the types of materials identified above (a) which is or subsequently becomes available to the general public other than through a breach of this Protective Order; (b) which is already in the possession of a Party before disclosure by the other Party; (c) which is developed through the independent efforts of a Party without reference to or reliance upon another Party's "Confidential Information"; (d) which the other Party rightly receives without restriction as to use from a third party under no obligation of confidentiality; or (e) which is released without restriction as to use by a Party to a third party (including governmental agencies) under no obligation of confidentiality.
C. Nothing in this Protective Order shall be construed in any way as a finding by the Court that material designated as Confidential Information meets the standards of this paragraph. In the event that either Party disagrees with the other Party's designation of any document or information as Confidential Information, the Parties shall first attempt to resolve the dispute by meeting and conferring. If the dispute is not resolved during the meet and confer process, the objecting party may move the Court for an order respecting the subject matter of the dispute. It will be up to the Court to determine the burden of proof in the event a Party involves the Court in a dispute over whether material is confidential. It will also be up to the Court to determine and apply the appropriate legal standard for evaluating what is entitled to protection. Until a resolution of the dispute is achieved, all Parties shall treat the designated document, thing or information as Confidential Information.

3. Designation of Confidential Information. Where any kind of Confidential Information is produced, provided or otherwise disclosed by a Party or a non-party in response to any discovery request or subpoena, including by means of entry onto land or premises or by inspection of books, records, documents, or tangible things, such Confidential Information will be designated in the following manner:

A. By imprinting the word "Confidential, " as appropriate, on each page of any document produced that contains confidential material;
B. By imprinting the word "Confidential, " as appropriate, on a disk bearing any document or file produced;
C. By imprinting the word "Confidential, " as appropriate, next to or above any response to a discovery request; and
D. With respect to transcribed testimony, either during the deposition on the record, or by giving written notice to opposing counsel sufficient to designate such portions as "Confidential, " as appropriate, within twenty-one (21) calendar days after receipt of the transcribed testimony.
During a deposition, the deponent or his counsel, or any other counsel of record present at the deposition, may give notice on the record that testimony about to be given is deemed "Confidential, " as appropriate. If during the course of a deposition, a document or other material that has previously been designated "Confidential, " is used, then that particular portion of the deposition shall be deemed to be subject to the same level of protection accorded to the designated document without further need of any written designation of the deposition transcript by the designating party.

4. Restrictions on Confidential Information. All Confidential Information provided by a Party or a non-party in response to a discovery request or as transcribed testimony shall be subject to the following restrictions:

A. Confidential Information shall be used only for the purpose of this litigation and not for any business ...

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