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United States v. Travelers Casualty and Surety Company of America

United States District Court, D. Nebraska

September 8, 2015

UNITED STATES OF AMERICA, for the use of DONALD B. MURPHY CONTRACTORS, INC., a Washington corporation, Plaintiff,
v.
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a Connecticut corporation (Bond No. 041-SB-105826131); TRAVELERS INDEMNITY COMPANY, a Connecticut corporation (Bond No. 041-SB-105826131); and KIEWITPHELPS, A Joint Venture, Defendants. KIEWITPHELPS, A Joint Venture, Third-Party Plaintiff,
v.
TREVIICOS SOUTH, INC., a Delaware corporation, Third-Party Defendant Counterclaimant and Cross-Claimant, TREVIICOS SOUTH, INC., a Delaware corporation, Fourth-Party Plaintiff,
v.
LIBERTY MUTUAL INSURANCE COMPANY, Fourth-Party Defendant.

PROTECTIVE ORDER

THOMAS D. THALKEN, Magistrate Judge.

1. This Order shall apply to all manner and means of discovery, including inspection of books, records, magnetic or electronic media, documents and things, and all manner of written and oral discovery. Nothing in this Order modifies or changes the obligations of DONALD B. MURPHY CONTRACTORS, INC., TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA and TRAVELERS INDEMNITY COMPANY, KiewitPhelps, TREVIICOS SOUTH, INC., and LIBERTY MUTUAL INSURANCE COMPANY (collectively, the Parties) to otherwise comply with all information control obligations imposed on the Project by regulation, statute or contract.

2. Sensitive But Unclassified Information: The Parties are subject to document security requirements that apply to all information relating to the USSTRATCOM Replacement Facility Project (Project), including Project records and documents. The document security requirements for the Project designate all project records as Sensitive But Unclassified (SBU) information, including Controlled Unclassified Information (CUI) and For Official Use Only (FOUO) information. SBU information is information, including documents, that the loss of, misuse of, or unauthorized access to or modification of could adversely affect the national interest, and is intended to be kept out of the public domain. The document security requirements for the Project restrict access to Project information, including documents and impose requirements for how documents, including electronic documents, are secured, maintained and disposed of. The document security compliance requirements apply to documents produced in this litigation, including the handling of documents at hearings and at trial, and the disposition of documents at the conclusion of the litigation. The Parties at all times in the course of the litigation shall continue to comply with the Project information security requirements, including direction from USACE, as may be received from time to time. At a minimum, the Parties shall:

a) Require that all persons gaining access to the documents sign a Non-Disclosure Agreement (NDA) in form satisfactory to USACE and deliver the executed NDA to counsel for KiewitPhelps before access to the documents is provided.
b) Secure all project documents and records produced in the litigation, including deposition transcripts and exhibits.
c) Store hard copies of documents and records in a locked container or secured area.
d) Store electronic documents and records on a designated, separate and secure hard drive and/or in a secure online litigation management database that can meet the requirements of Paragraph v. below.
e) At the conclusion of the litigation shred all hard copies of documents and certify in writing to USACE that all designated hard drives have been cleansed and wiped clean twice.

All document requests for Project records by any party in this litigation are subject to review by USACE. Documents designated by USACE, in its sole discretion, as potentially helpful to intelligence agents or terrorists in compromising the security of the Project buildings or planning an attack on the Project buildings shall only be presented in camera at any court proceeding or hearing and shall be filed under RESTRCITED ACCESS.

All SBU information, including CUI and FUOU information, shall be CONFIDENTIAL INFORMATION under Paragraph 3, below.

3. CONFIDENTIAL Information. In addition to the requirements of Paragraph 2, the Parties agree that the following types of documents shall be considered CONFIDENTIAL to the extent that the producing party has a reasonable basis to believe the document constitutes or reflects:

a) confidential research, development or commercial information, including non-public financial information and/or non-public information related to corporate strategy, for example, and without limitation, documents relating to subcontracting strategy and the disposition of subcontractor employees;
b) personal information about an individual, including employment and financial information;
c) other information protected by an individual's right of privacy;
d) confidential financial information;
e) information deemed confidential or non-public by a regulatory body;
f) information otherwise protected by law from disclosure; and/or,
g) any other information with respect to which there is any other reasonable need ...

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