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Certain Underwriters at Lloyd's v. Southern Pride Trucking, Inc.

United States District Court, D. Nebraska

August 5, 2016

CERTAIN UNDERWRITERS AT LLOYD'S AND THOSE COMPANIES SEVERALLY SUBSCRIBING TO BOEING POLICY NUMBER MARCW150053 AND RELATED POLICIES GOVERNING THE CARGO, and THE BOEING COMPANY, Plaintiffs,
v.
SOUTHERN PRIDE TRUCKING, INC., THUNDER ROLLS EXPRESS, INC., BAUER BUILT INC., and ROAD STAR CARRIER, INC. Defendants.

          Cheryl R. Zwart United States Magistrate Judge

         To expedite the flow of discovery materials, to facilitate the prompt resolution of disputes over confidentiality of discovery materials, to adequately protect the information the parties are entitled to keep confidential, to ensure that only materials the parties are entitled to keep confidential are subject to such treatment, to ensure that the parties are permitted reasonably necessary uses of such materials in preparation for and in the conduct of trial, and to limit the disclosure and dissemination of export-controlled information, pursuant to Fed.R.Civ.P. 26(c), it is hereby ORDERED THAT:

         PROTECTED INFORMATION SUBJECT TO THIS ORDER

         1. For purposes of this Order, "PROTECTED INFORMATION" is any information designated, in proper accordance with this Order, as "CONFIDENTIAL" or "EXPORT CONTROLLED." Any PROTECTED INFORMATION obtained by any party from any person pursuant to discovery in this litigation may be used only for purposes of preparation and litigation of this matter.

         2. "CONFIDENTIAL" information shall mean all information or material, and any copies thereof so designated, that is produced for or disclosed to a receiving party, that a producing party, including any party to this action and any non-party producing information or material voluntarily or pursuant to a subpoena or a court order, considers to constitute or to contain trade secrets or other confidential research, development, technical, financial, or commercial information, whether embodied in physical objects, documents, or the factual knowledge of persons; and that has been so designated by the producing party, unless a Court declares such information to not properly meet said descriptions.

         3. "EXPORT CONTROLLED" shall mean information that is subject to the requirements of the Export Administration Regulations ("EAR"), 15 C.F.R. §§730, et seq., and/or the International Traffic in Arms Regulations ("ITAR"), 22 C.F.R. §§ 120, et seq. Such information may be contained in documents that Defendants furnish in this case related to dual use commodities, technology, or software, or defense articles.

         DESIGNATION OF PROTECTED INFORMATION

         4. Any document or tangible thing containing or including any PROTECTED INFORMATION may be designated as such by the producing party by marking it "CONFIDENTIAL" or "EXPORT CONTROLLED" or by identifying it in a written communication as "CONFIDENTIAL" or "EXPORT CONTROLLED."

         5. At the request of any party, the original and all copies of any deposition transcript, in whole or in part, may be designated as "CONFIDENTIAL" or '"EXPORT CONTROLLED."

a. At any time during the deposition and at the request of any party, the deposition transcript or a portion thereof shall be marked by the reporter with the appropriate "CONFIDENTIAL" or "EXPORT CONTROLLED" designation. Any portions so designated shall thereafter be treated in accordance with the terms of this Order.
b. Any party may designate a deposition transcript or a-portion thereof with the appropriate "CONFIDENTIAL" or "EXPORT CONTROLLED" designation within 14 days after first receiving a formal copy of the same transcript from the deposition service by informing all other parties in writing.
c. All parties shall treat an entire deposition transcript as designated "CONFIDENTIAL" or "EXPORT CONTROLLED" for 14 days after first receiving a copy of said transcript.

         6. All PROTECTED INFORMATION not reduced to documentary, tangible or physical form or that cannot be conveniently designated as set forth herein, shall be designated by the producing party by informing the receiving party of the designation in writing.

         7. Any documents (including physical objects) made available for initial inspection by counsel for the receiving party prior to producing copies of selected items shall initially be considered, as a whole, to constitute PROTECTED INFORMATION and shall be subject to this Order. Thereafter, the producing party shall have 30 days to review and designate the appropriate documents as "CONFIDENTIAL" or "EXPORT CONTROLLED."

         PERSONS AUTHORIZED TO RECEIVE ...


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