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MMW Partners, LLC v. Western Agricultural Insurance Co.

United States District Court, D. Nebraska

November 27, 2017

MMW PARTNERS, LLC, Plaintiff,
v.
WESTERN AGRICULTURAL INSURANCE COMPANY D/B/A FARM BUREAU PROPERTY & CASUALTY INSURANCE COMPANY, Defendant.

          PROTECTIVE ORDER

          Susan M. Bazis, United States Magistrate Judge

         Pursuant to the Order entered in this case (Filing No. 26), a protective order is entered as follows:

         1. Defendant anticipates that documents or information may be requested in this matter which contains or consists of valuable trade secrets and other proprietary or personal information (hereafter “Confidential Information”). Any documents produced or information provided by Defendant pursuant to or in response to any discovery request may be designated by Defendant as “confidential” in the following manners:

a. By physically imprinting the words “8:17-CV-159: CONFIDENTIAL AND SUBJECT TO PROTECTIVE ORDER” by Bates stamp or watermark on every page of any document produced.
b. By physically electronically imprinting the words “8:17-CV-159: CONFIDENTIAL AND SUBJECT TO PROTECTIVE ORDER” by Bates stamp or watermark on every page of any document produced.
c. By imprinting the words “8:17-CV-159: CONFIDENTIAL AND SUBJECT TO PROTECTIVE ORDER” next to or above any Answer to any Interrogatory or any other written discovery response.
d. With respect to portions of a deposition transcript, by making arrangements with the attending court reporter to bind the confidential portion(s) of such transcripts separately and label them as “CONFIDENTIAL AND SUBJECT TO PROTECTIVE ORDER.” e. Such portions of any deposition transcript that are to be designated as confidential, shall but designated as such on the record when possible, but a party may also designate portions of the deposition within thirty (30) days after the date of final transcription.

         2. All documents and information provided by Defendant in response to a discovery request or deposition testimony designated as “confidential” shall be subject to the following restrictions:

a. Such documents or information shall be used only for the purpose of the litigation in this matter and not for any business or other purposes.
b. Such documents or information shall not be communicated or disclosed in any manner, either directly or indirectly, to anyone other than:
i. The attorneys of record and persons employed by them, including court reporters and/or vendors the attorneys utilize for litigation support; ii. Outside experts who have, prior to disclosure, agreed to be bound by the terms of this Protective Order; iii. Plaintiff or Defendant and their officers, employees, or agents, including insurers, who need to be informed for purposes of this litigation; iv. The Court and Court personnel; and v. Such other persons as the Court may specifically approve after notice and hearing.
c. That all information designated as “confidential” in whatever format shall be furnished only under the terms of this Protective Order and shall be treated by all persons accorded access pursuant to this Protective Order as constituting Confidential Information and shall neither be used nor disclosed except for the purpose of this litigation, and solely in accordance with this Protective Order or subsequent Order of the Court.
d. No Confidential Information shall be further disclosed to anyone except those categories of persons provided herein who have signed a Nondisclosure Agreement in the form attached hereto and to whom disclosure is necessary for the purposes associated with this lawsuit. The parties' counsel of record, and other persons or entities retained to assist in this lawsuit who have signed a Nondisclosure Agreement, shall appropriately notify such persons or entities that the disclosure is made in confidence and must be kept in confidence in accordance with this Protective Order.
e. Individuals authorized to review Confidential Information pursuant to this Protective Order shall hold such information in the strictest confidence and shall not divulge the information, either verbally or in writing, to any other person, entity, or ...

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