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Agency One Insurance, Inc. v. Westport Insurance Corp.

United States District Court, Eighth Circuit

December 3, 2013

AGENCY ONE INSURANCE, INC. and PAMELA A. SIROKY, Plaintiffs,
v.
WESTPORT INSURANCE CORP., Defendant.

PROTECTIVE ORDER

CHERYL R. ZWART, Magistrate Judge.

THIS MATTER is before the Court on the Stipulation and Joint Motion for Entry of Protective Order which arises out of the defendant's amended subpoena to the Nebraska Department of Insurance that seeks all documents regarding Pamela A. Siroky, Douglas Inlay, and Connie Samek. The parties request that a protective order which sets forth the rights and responsibilities of the parties with respect to said documents be entered by the Court.

FACTS

This is a breach of contract/declaratory judgment matter in which plaintiffs' claim the defendants improperly failed to defend and indemnify them pursuant to the terms and conditions of a professional liability insurance policy the defendants issued to plaintiffs. The plaintiffs seek a judgment that the defendant breached the contract and ask the Court to declare that defendant is obligated pursuant to the policy to defend and indemnify the plaintiff.

The defendant denies that it has breached its contract with the plaintiff and asks the Court to declare that it is not obligated to defend or indemnify the plaintiffs pursuant to the policy.

The defendant's attorneys have subpoenaed the Nebraska Department of Insurance seeking all documents relating to Pamela A. Siroky, Douglas Inlay, and Connie Samek. Portions of the information requested is confidential and should be protected as further set forth herein.

PROTECTIVE ORDER

IT IS THEREFORE ORDERED that the documents received pursuant to the defendant's amended subpoena to the Nebraska Department of Insurance regarding Pamela A. Siroky, Douglas Inlay, and Connie Samek may be utilized in the preparation of the case, but the parties must do so in accordance with the following terms:

1. Confidential Information. Certain documents and materials produced by the Nebraska Department of Insurance regarding Pamela A. Siroky, Douglas Inlay, and Connie Samek shall constitute CONFIDENTIAL information for the purposes of this Order and shall be used by the recipient only for the preparation for and conduct of proceedings herein and not for any business or other purpose whatsoever. Each party will have the right and authority to designate which specific documents or materials constitute CONFIDENTIAL information and the parties will label such documents "CONFIDENTIAL".
2. Qualified Recipients. For purposes of this Order persons authorized to receive "CONFIDENTIAL" information (hereinafter "qualified recipient") shall include only:
a. Legal counsel representing the plaintiff and legal counsel representing the defendants, and members of the paralegal, secretarial or clerical staff who are employed by, retained by or assisting such counsel;
b. Personnel of the parties, including, but not limited to, their respective Board of Directors, in-house attorneys, investigators, employees, experts, consultants and senior executives, conducting, assisting, monitoring, reviewing, or making determinations with regard or related to the above-captioned action and the insurance policy at issued therein;
c. The Court presiding over the above-captioned action, including, without limitation, the District Judge, Magistrate ...

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