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Woodmen of the World Life Insurance Society v. Weathersbee

United States District Court, D. Nebraska

September 1, 2018

WOODMEN OF THE WORLD LIFE INSURANCE SOCIETY, a Nebraska Fraternal Benefit Society, Plaintiff,

          Leigh Campbell Joyce Counsel for: Plaintiff.

          Timothy J. Thalken Counsel for: Transamerica.


         Plaintiff Woodmen of the World Life Insurance Society ("Plaintiff" or "WoodmenLife") has sought the discovery of certain documents from third party Transamerica Life Insurance Company, and its affiliated companies (collectively "Transamerica") (together, the "movants"). The movants agree that certain categories of such information should be treated as confidential, protected from disclosure outside of legal proceedings against Defendants Maxie Bondurant and Robert Weathersbee ("Defendants"). The movants jointly request entry of this proposed Protective Order to limit the disclosure, dissemination, and use of certain identified categories of confidential information.

         The movants assert in support of their request that protection of the identified categories of confidential information is necessary because some of the discovery is anticipated to seek personal information of nonparty employees and witnesses and proprietary business information.

         For good cause shown, the Court grants the parties' Joint Motion for Protective Order and hereby enters the following Joint Stipulated Protective Order:

         1. Scope.

         All documents and materials produced in the course of discovery of this case, including responses to subpoenas, responses to discovery requests, all deposition testimony and exhibits, and information derived directly therefrom (hereinafter collectively “documents”), are subject to this Order concerning Confidential Information as set forth below.

         2. Definition of Confidential Information.

         As used in this Order, “Confidential Information” is defined as information that the producing or receiving party designates in good faith has been previously maintained in a confidential manner and should be protected from disclosure and use outside the litigation because its disclosure and use is restricted by statute or could potentially cause harm to the interests of disclosing party or nonparties. For purposes of this Order, the movants include the following categories of information or documents in the definition of “Confidential Information”:

(a) Non-party insurance files and records; and
(b) Proprietary business documents related to insurance clients and the services provided thereto.

         Information or documents that are available to the public may not be designated as Confidential Information.

         3. Protected Health Information. The parties acknowledge that some of the information produced in this case may be or contain protected health information within the meaning of the Health Insurance Portability and Accountability Act (HIPAA). Consistent with 45 C.F.R. § 164.512(e)(1)(iv)(v):

(a) Counsel and the party seeking protected health information shall not use or disclose the protected health information for any purpose other than the litigation or proceeding for which such information has been requested.
(b) Counsel and the party requesting the protected health information shall return or destroy the protected health information (including all copies made) at the end of the litigation or proceeding.
(c) Counsel and the party requesting protected health information shall request, use and disclose only the minimum necessary protected health information to conduct the litigation or proceeding.

         4. Form and Timing of Designation.

         The producing party may designate documents as containing Confidential Information and therefore subject to protection under this Order by marking or placing the words "CONFIDENTIAL" or “CONFIDENTIAL - SUBJECT TO PROTECTIVE ORDER” (hereinafter “the marking”) 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 will be applied prior to or at the time the documents are produced or disclosed. Applying the marking 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. Copies that are made of any designated documents must also bear the marking, 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. By marking a designated document as confidential, the designating attorney or party thereby certifies that the document contains Confidential Information as defined in this Order.

         5. Inadvertent Failure to Designate.

         Inadvertent failure to designate any document or material as containing Confidential Information will not constitute a waiver of an otherwise valid claim of confidentiality pursuant to this Order, so long as a claim of confidentiality is asserted within ten (10) days after discovery of the inadvertent failure.

         6. Depositions.

         Deposition testimony will be deemed confidential only if designated as such when the deposition is taken or within a reasonable time period after receipt of the deposition transcript. Such designation must be specific as to ...

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