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Federal Insurance Co. v. COR Clearing, LLC

United States District Court, D. Nebraska

March 3, 2018

FEDERAL INSURANCE COMPANY, Plaintiff/Counter-Defendant,
v.
COR CLEARING, LLC; Defendant/Counter-Plaintiff.

          AGREED CONFIDENTIALITY ORDER

          Susan M. Bazis United States Magistrate Judge.

         This matter is before the Court on the parties' Joint Stipulation for Confidentiality Order. (Filing No. 70.) This Stipulation is adopted and approved. Accordingly, The Parties to this Agreed Confidentiality Order have agreed to the terms herein, agree to adhere to the terms upon full execution of this Agreed Confidentiality Order, and stipulate to the entry of this Order; accordingly, it is ORDERED:

         1. Scope.

         This Order includes in its scope any documents, electronically stored information, or other information produced, or disclosed in the Action, whether pursuant to formal or informal discovery requests, correspondence, motions not filed with the court, by subpoena, or through testimony and information derived directly therefrom (hereinafter collectively “documents”). This Order is subject to the Local Rules of this District and the Federal Rules of Civil Procedure on matters of procedure and calculation of time periods.

         2. Confidential Information.

         As used in this Order, “Confidential Information” means information designated as “CONFIDENTIAL-SUBJECT TO PROTECTIVE ORDER” by the producing party, including any non-party, that falls within one or more of the following categories: (a) information prohibited from disclosure by statute, including, but not limited to, customer information protected by the Gramm-Leach-Bliley Act; (b) information that reveals trade secrets; (c) research, technical, commercial or financial information that the party has maintained as confidential; (d) medical information concerning any individual; (e) personal identity information; (f) income tax returns (including attached schedules and forms), W-2 forms and 1099 forms; or (g) personnel or employment records of a person who is not a party to the case. Information or documents that are available to the public may not be designated as Confidential Information.

         3. Designation.

         (a) A party, including any non-party, may designate a document as Confidential Information for protection under this Order by placing or affixing the words “CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER” on the document and on all copies in a manner that will not interfere with the legibility of the document. As used in this Order, “copies” includes electronic images, duplicates, extracts, summaries or descriptions that contain the Confidential Information. The marking “CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER” shall be applied prior to or at the time the documents are produced or disclosed. Applying the marking “CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER” to a document does not mean that the document has any status or protection by statute or otherwise except to the extent and for the purposes of this Order. Any copies that are made of any documents marked “CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER” shall also be so marked, except that indices, electronic databases or lists of documents that do not contain substantial portions or images of the text of marked documents and do not otherwise disclose the substance of the Confidential Information are not required to be marked.

         (b) The designation of a document as Confidential Information is a certification by an attorney or a party appearing pro se that the document contains Confidential Information as defined in this order.

         4. Depositions.

         Unless all parties agree on the record at the time the deposition testimony is taken, all deposition testimony taken in this case shall be treated as Confidential Information until the expiration of the following: No. later than the fourteenth day after the transcript is delivered to any party or the witness, and in no event later than 30 days after the testimony was given. Within this time period, a party may serve a Notice of Designation to all parties of record as to specific portions of the testimony that are designated Confidential Information, and thereafter only those portions identified in the Notice of Designation shall be protected by the terms of this Order. The failure to serve a timely Notice of Designation shall waive any designation of testimony taken in that deposition as Confidential Information, unless otherwise ordered by the Court.

         5. Protection of Confidential Material.

         (a) General Protections. Confidential Information shall not be used or disclosed by the parties, counsel for the parties or any other persons identified in subparagraph (b) for any purpose whatsoever other than in this litigation, including any appeal thereof.

         (b) Limited Third-Party Disclosures. The parties and counsel for the parties shall not disclose or permit the disclosure of any Confidential Information to any third person or entity except as set forth in subparagraphs (1)-(9). Subject to these requirements, the following categories of persons may be allowed to review Confidential Information:

(1) Counsel. Counsel for the parties and employees of counsel who have responsibility for the action;
(2) Parties. Individual parties and employees of a party but only to the extent counsel determines in good faith that the employee's assistance is reasonably necessary to the conduct of the litigation in which the information is disclosed;
(3) The Court and its personnel;
(4) Court Reporters and Recorders. Any court reporters, typist, videographer, interpreter and/or translator who records, transcribes or translates testimony;
(5) Contractors. Those persons specifically engaged for the limited purpose of making copies of documents or organizing or processing documents, including outside vendors hired to ...

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