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Ameritas Life Insurance Corp. v. Federal Insurance Co.

United States District Court, D. Nebraska

December 28, 2016

AMERITAS LIFE INSURANCE CORP. AMERITAS INVESTMENT CORP., and AMERITAS HOLDING COMPANY Plaintiffs,
v.
FEDERAL INSURANCE COMPANY, Defendant.

          APPROVED AND AGREED TO: David M. Williams Vice President and General Counsel Ameritas and its subsidiaries Attorney for Plaintiffs.

          APPROVED AND AGREED TO: Christopher M. Kahler Partner Gordon & Rees, LLP Attorney for Defendant.

          PROTECTIVE ORDER GOVERNING THE PROTECTION AND EXCHANGE OF CONFIDENTIAL MATERIAL

         IT IS HEREBY ORDERED that the following shall govern the handling of all documents, materials, information, and other products of discovery, including but not limited to deposition testimony, deposition exhibits, interrogatory answers, responses to requests for admission, responses to requests for production and any other discovery authorized by the Federal Rules of Civil Procedure, as well as any other disclosed documents, materials, or information (collectively “Discovery Material”) produced in the above-captioned action (the “Action”):

         1. Confidential Discovery Material. Any party producing materials (“Producing Party”) may designate as “Confidential” any Discovery Material that it believes in good faith contains legally protectable information in accordance with the Federal Rules of Civil Procedure or other applicable law, statute, or rules. For purposes of this Order, information considered to be “Confidential Discovery Material” shall include, without limitation, all non-public materials containing information related to: financial or business plans or projections; proposed strategic transactions or other business combinations; trade secrets; confidential and proprietary business information; business and marketing plans and strategies; studies or analyses by internal or outside experts; financial or tax data; competitive analyses; costs of goods and services; personnel records and information; development and planning; financial results or data; customer information, including financial and business information; or other personally sensitive, proprietary, or protected information. All Discovery Material designated as Confidential Discovery Material shall be handled in strict accordance with the terms of this Order.

         2. Limitation on Use. Confidential Discovery Material, or information derived therefrom, shall be used solely for purposes of the Action and any appeals of the Action. Confidential Discovery Material, or information derived therefrom, shall not be used for any other purpose, including, without limitation, any business or commercial purpose; however, the Order shall not preclude the parties from disclosing Confidential Discovery Materials to participating insurers or reinsurers, if any, or auditors for legitimate business purposes, provided they are advised of the Order and reasonable steps are taken to secure assurances that such third parties will preserve the confidential nature of such materials.

         3. Designation of Confidentiality. The designation of Discovery Material as "Confidential" for purposes of this Order shall be made in the following manner by any Producing Party:

a. In the case of documents or other materials (apart from depositions or other pretrial testimony): by affixing the legend "Confidential" or “Confidential Information Subject to Protective Order” to all pages of any document containing Confidential Discovery Material, except that in the case of multipage documents bound together by staple or other permanent binding such designation need only be made on the first page for the entire document to be treated as Confidential Discovery Material. Materials such as videotapes, audio tapes, and electronic media such as computer disks, compact discs, or DVDs, which contain or include Confidential Discovery Material, shall be designated by affixing the appropriate legend to the package thereof. Any such designation shall subject the document, its contents, or any portion thereof, to this Order without any further act on the part of the Producing Party. The failure of a Producing Party to designate a document as "Confidential" does not constitute a waiver of such claim, and a Producing Party may so designate a document after it has been produced, with the effect that such document is subject to the protections of this Order.
b. In the case of depositions or other pretrial testimony: (i) by a statement on the record, by counsel, at the time of such disclosure; or (ii) by written notice, sent by counsel to all parties after receiving a copy of the transcript thereof; and when possible, by directing the court reporter that the appropriate confidentiality legend be affixed to the first page and all portions of the original and all copies of the transcript containing any Confidential Discovery Material. The parties may modify this procedure for any particular deposition, through agreement on the record at such deposition or by written agreement of the parties, without further order of the Court.

         4. Who May Access Confidential Discovery Material. Confidential Discovery Material shall not be disclosed by the person receiving it to any other person without the prior written consent of the Producing Party or an order of the Court, except the following:

a. outside counsel who represent parties that have appeared in the Action, and regular and temporary employees of such counsel (such as other lawyers, clerical, paralegal or secretarial personnel) necessary to assist in the conduct of the Action for use in accordance with this Order;
b. In-house counsel and employees of the parties with responsibilities relating to this Action;
c. experts, contractors, or consultants retained by outside counsel or the parties or designated as expert witnesses in the Action and deemed necessary to assist outside counsel for parties that have appeared in the Action;
d. the Court and its employees, including, without limitation, court reporters, employees in the Clerk's Office, and law clerks, provided that the Confidential Discovery Material is filed in accordance with the terms of this Order;
e. deposition or trial witnesses or potential deposition or trial witnesses in this Action who are not subject to ...

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