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Preferred Professional Insurance Co. v. Houston Casualty Co.

United States District Court, D. Nebraska

November 14, 2016



          Thomas D. Thalken United States Magistrate Judge.

         This matter came before the Court upon the Joint Motion for Protective Order (Filing No. 20) filed by the parties in the above-captioned matter, Plaintiff Preferred Professional Insurance Company (“PPIC”) and Defendant Houston Casualty Company (“HCC”). The Court, being fully advised in the premises, hereby finds as follows:

         IT IS HEREBY ORDERED that the Joint Motion for Protective Order is granted as set forth below and the Parties are limited in their disclosure and use of confidential and proprietary information as follows:

         ARTICLE 1 - Proceedings and Information Governed

         1. This Order and any amendments or modifications hereto (“Protective Order”) shall govern any document, information, or other thing furnished by any party or non-party in connection with this action. The information protected includes, but is not limited to, pleadings, answers to interrogatories, answers to requests for admission, responses to requests for production, deposition transcripts and videotapes, deposition exhibits, and other writings or things produced, given, or filed in this action that are designated by a party as “Confidential Information” in accordance with the terms of this Order, as well as to any copies, excerpts, abstracts, analyses, summaries, descriptions, or other forms of recorded information containing, reflecting, or disclosing such information. The term “Civil Action” refers to Preferred Professional Insurance Company v. Houston Casualty Company, Civil Action No. 8:16-cv-00192-JFB-TDT.

         ARTICLE 2 - Designation and Maintenance of Information

         2. “Confidential Information” shall include, but is not limited to, information the disclosing party contends constitutes confidential or non-public information, information affecting the privacy interests of the parties or non-parties, documents or information pertaining to settlement of the various underlying litigation matters upon which this Civil Action is based, or proprietary information not typically disclosed to non-parties without a confidentiality agreement or protective order.

         3. Documents, information, and things produced during the course of this litigation within the scope of Paragraph 2 above may be designated by the producing party as containing Confidential Information by placing on each page and each thing a legend bearing the term “CONFIDENTIAL” or by designating the information as Confidential Information by letter or email within seven (7) days of production.

         4. A party may designate information disclosed at a deposition as Confidential Information by requesting the reporter to so designate the transcript or any portion thereof at the time of the deposition. If no such designation is made at the time of the deposition, any party shall have thirty (30) calendar days after the receipt of the deposition transcript to designate, in writing to the other parties and the court reporter, the transcript or any portion thereof as Confidential Information. If no such designation is made at the deposition or within such thirty (30) day calendar period (during which period, the transcript shall be treated as Confidential Information, unless the disclosing party consents to less confidential treatment of all or any portion of the information), the entire deposition will be considered devoid of Confidential Information. Each party and the court reporter shall attach a copy of any final and timely written designation notice to the transcript and each copy thereof in its possession, custody, or control, and the portions designated in such notice shall thereafter be treated in accordance with this Protective Order.

         5. It is the responsibility of counsel for each party to maintain materials containing Confidential Information in a secure manner and appropriately identified so as to allow access to such information only to such persons and under such terms as is permitted under this Protective Order.

         ARTICLE 3 - Inadvertent Failure to Designate/Inadvertent Production

         6. The inadvertent failure to designate, withhold, or redact any information as confidential or privileged, or as containing personally identifiable information, will not be deemed to waive a later claim as to its confidential or privileged nature, or to stop the producing party from designating such information as confidential at a later date in writing and with particularity. The information shall be treated by the receiving party as confidential from the time the receiving party is notified in writing of the designation.

         7. The provisions of Fed.R.Civ.P. 26 relating to the inadvertent disclosure of privileged information shall also apply. Specifically:

a. Upon receiving notice of inadvertent production, the receiving party shall promptly return, sequester, or destroy the specified information and any copies it has and may not use or disclose the information until the claim is resolved. If the receiving party disclosed the information before being notified, it must take reasonable steps to retrieve it. The producing party must preserve the information until the claim is resolved.
b. If the parties cannot agree as to the claim of privilege or other basis for nondisclosure, the receiving party shall present the information to the Court under restricted access for a determination of the claim. Nothing herein shall be construed to ...

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