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Williams v. Feeney Xpress Transport, Inc.

United States District Court, Eighth Circuit

December 26, 2013

HOPE KICKLIGHTER WILLIAMS, AS INDEPENDENT ADMINISTRATOR OF THE ESTATE OF HER FATHER, OLIN B. KICKLIGHTER, JR., Plaintiff,
v.
FEENEY XPRESS TRANSPORT, INC.; MARTIN FEENEY; RANCHERO LLC; and BARY FRANKLIN, Defendants

PROTECTIVE ORDER

LYLE E. STROM, Senior District Judge.

In order to preserve and maintain the confidentiality of certain materials to be produced by Defendants FEENEY XPRESS TRANSPORT, INC.; MARTIN FEENEY; RANCHERO LLC; and/or BARY FRANKLIN (together, "Defendants") in this action,

IT IS ORDERED THAT:

1. Documents, electronically stored information (including writings, drawings, charts, photographs, sound recordings, video recordings, images, and other data or data compilations), and other tangible items produced in discovery in this litigation that contain confidential information shall hereafter be referred to as "Protected Materials." The Party seeking to mark Protected Materials shall hereafter be referred to as the "Designating Party." Except as otherwise indicated below, documents, electronically stored information, and other tangible items produced in discovery, designated "Subject to Protective Order" that are produced or delivered to the Parties and/or the Parties' attorneys, consultants, agents, or experts in this action, shall be Protected Materials and given confidential treatment as described below.

2. For purposes of this Protective Order, Protected Materials includes any document, electronically stored information, and other tangible items produced in discovery that the Designating Party believes in good faith to contain confidential or sensitive information as defined by Federal Rule of Civil Procedure Rule 26(c)(1)(G), including trade secrets, development, or commercial information; or personal information that is protected by law. Confidential material shall not contain or consist of any information generally available to the public.

3. For documents, electronically stored information, other tangible items produced in discovery, at the time of production, the Designating Party will designate each individual document by clearly stamping on each such document, "Subject to Protective Order." In the event that the produced document itself is produced in a format that is not capable of being stamped, the material should be clearly marked or identified "Subject to Protective Order" on the media itself or within the file structure of electronically stored information.

4. Prior to designating any material as subject to this Protective Order, the Designating Party must make a good faith determination that the material is subject to protection under Federal Rule of Civil Procedure 26(c)(1). If any Party disagrees with the designation of any material as being subject to this Protective Order, that Party will so notify the Designating Party in writing. The Designating Party will, within fourteen (14) days of receipt of such notice, apply to the Court to determine whether the disputed materials are entitled to protection in accordance with the Federal Rules of Civil Procedure. Until the Court rules on the application, the Parties shall consider any disputed materials subject to this Protective Order.

5. Both the Protected Materials and the information contained therein shall be treated as confidential. Except upon the prior written consent of the Designating Party or upon further Order of this Court, the Protected Materials or information contained therein may be shown, disseminated, or disclosed only to the following persons:

(a) The Parties to this action;

(b) Counsel of record in this case, including other members of Counsel's law firm and any other counsel associated to assist in the preparation or trial of this case;

(c) Employees of Counsel of record or of associated counsel who assist in the preparation or trial of this case;

(d) Experts and consultants retained by a Party or a Party's Counsel for the preparation or trial of this case provided that no disclosure shall be made to any expert or consultant who is employed by a competitor of the Designating Party;

(e) The Court, the Court's staff, witnesses, and the jury in this case;

(f) Other courts and other courts' staffs with the provision that the material may only be submitted for in camera inspection unless otherwise ...


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