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Muri v. National Indemnity Co.

United States District Court, D. Nebraska

June 28, 2018

MARC J. MURI, individually and on behalf of all others similarly situated, Plaintiff,

          Samuel E. Bonderoff (admitted pro hac vice)

          Andrew J. Sloniewsky (admitted pro hac vice)

          ZAMANSKY LLC Jacob H. Zamansky (admitted pro hac vice) Edward H. Glenn, Jr. (admitted pro hac vice) Justin Sauerwald (admitted pro hac vice) Counsel for Plaintiff and the Putative Class BURG SIMPSON ELDREDGE HERSH & JARDINE, P.C. Brian K. Matise Local Counsel for Plaintiff and the Putative Class

          STEPTOE & JOHNSON LLP Paul Ondrasik (admitted pro hac vice) Eric Serron (admitted pro hac vice) Osvaldo Vazquez (admitted pro hac vice) and CLINE WILLIAMS WRIGHT JOHNSON & OLDFATHER, L.L.P. Shawn D. Renner (#17784) Tara A. Stingley (#23243) Sterling Ridge Counsel for Defendant



         Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, to expedite the flow of discovery material, to facilitate the prompt resolution of disputes over confidentiality, to protect confidential and proprietary material and information that would not normally be revealed absent a confidentiality agreement, to ensure that protection is afforded only to material and information so entitled, and pursuant to the agreement of the parties, the Court enters this Order governing the exchange and protection of confidential information in the above captioned action (“Action”).

         1. Applicability.

         This Order governs the disclosure and use of Confidential Information in written, oral, electronic, graphic/pictorial, audiovisual, and any other form, whether it be a document, information contained in a document, information revealed during a deposition, information revealed in an interrogatory answer, information revealed in a response to request for admissions, or any other form of discovery or disclosure produced by any party to the above Action or by any non-party (the “Disclosing Party”) during the course of this Action. “Confidential Information” is defined as documents and information designated in good faith by counsel for any party or non-party (collectively, the “Designating Party”) that contain or reveal personal, financial, or commercial information that would, in the absence of litigation, be deemed confidential. Confidential Information includes, without limitation, tax data, financial information, financial or business plans or projections, proposed strategic transactions or other business combinations, trade secrets or other commercially sensitive business or technical information, proprietary business and marketing plans and strategies, studies or analyses by internal or outside experts, competitive analyses, business and marketing plans and strategies, customer lists and information, personnel data, confidential information provided by a non-party, information concerning settlement discussions and mediation, demands, or offers, personal financial information or other nonpublic personal information, privileged information, proprietary information, or other confidential business information, the disclosure of which may be harmful to the personal, financial or commercial interests of the Designating Party, or the commercial, financial, or personal privacy interests of that Designating Party's stockholders, members, directors, officers, employees or agents, or the financial or personal privacy interests of participants in the National Indemnity Company Employee Retirement and Savings Plan or their beneficiaries.

         2. Subsequent Joinder of Additional Parties.

         In the event an additional party is named as a litigant in this Action, that party shall be subject to this Order with respect to all Confidential Information produced, designated, or generated before and after such joinder.

         3. Permitted Use of Information Produced in this Litigation.

         All documents, information and testimony produced in connection with this Action by a party or non-party, regardless of designation (i.e., regardless of whether designated as “Confidential Information” or not), and the substance or contents thereof, including any notes, memoranda or other similar documents relating thereto, that is not otherwise publicly available, shall be used by the party who receives the production solely for the purposes of this Action (including for prosecuting, defending or attempting to settle this Action). Produced documents, information and testimony shall not be disclosed, published, disseminated, or communicated to anyone, either directly or indirectly, or used in any other legal, regulatory or other proceeding (whether or not involving the same parties), or for any other purpose, except as expressly allowed by this Order. Nothing in this Order shall prevent a party from disclosing or using materials initially generated and maintained by it, or lawfully received in the ordinary course of its business, as it deems appropriate.

         4. Designation of Documents.

         The Designating Party may designate information as Confidential Information as appropriate, by individual document or by specific category, by conspicuously marking such materials on the initial page and the page or pages on which any confidential material appears “Confidential - Subject to Protective Order, ” as appropriate. If the Designating Party is not the Disclosing Party, designations of information as “Confidential” may be made in writing provided to the receiving party. The parties reserve the right to agree to other means to designate Confidential Information produced in electronic form or to ask the Court to permit designation of such documents in another manner.

         5. Designation of Deposition Testimony.

         A Designating Party may designate deposition testimony as Confidential Information by so stating on the record during the deposition, or by sending a letter to the court reporter who transcribed the testimony with a copy to each party, and noting either that the entire deposition is Confidential Information, or identifying the pages and lines being designated as Confidential Information, within ten (10) business days after receipt of the transcript. Whether or not a designation of Confidential Information is made at the time of deposition, all depositions shall be treated as containing Confidential Information until the expiration of the aforesaid ten business day period. A Designating Party who designates information elicited at deposition to be Confidential Information shall direct the reporter to indicate on the cover page of the transcript that the transcript contains Confidential Information and to insert behind the cover page a copy of the Designating Party's letter identifying the pages and lines designated as Confidential Information.

         6. Collateral Protected Materials.

         The protections conferred by this Protective Order cover not only documents, information and testimony designated as Confidential Information, but also (1) any information copied or extracted from such designated materials, (2) all copies, excerpts, summaries, or compilations of such designated materials, and (3) any testimony, conversations or presentations that might reveal the information contained in such designated materials.

         7. Access to and Use of Confidential Information.

         Confidential Information obtained during the course of this Action shall be maintained subject to the following restriction: It shall not be given, shown, made available to, or communicated in any way to anyone other than:

(a) the parties, their current and former employees and agents, and their counsel; personnel working with or for counsel including any necessary paralegal, secretarial, and clerical personnel, including vendors retained for the purposes of copying documents, providing technical, litigation support, or mock trial services, or providing messenger or other administrative support services;
(b) consulting and testifying experts retained in this proceeding by counsel for a party, including staff for the ...

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