United States District Court, D. Nebraska
WOODMEN OF THE WORLD LIFE INSURANCE SOCIETY, a Nebraska Fraternal Benefit Society, Plaintiff,
ROBERT WEATHERSBEE, and MAXIE BONDURANT, Defendants.
Campbell Joyce Counsel for: Plaintiff.
Timothy J. Thalken Counsel for: Transamerica.
STIPULATED PROTECTIVE ORDER
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.
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.
good cause shown, the Court grants the parties' Joint
Motion for Protective Order and hereby enters the following
Joint Stipulated Protective Order:
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.
Definition of Confidential Information.
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
(a) Non-party insurance files and records; and
(b) Proprietary business documents related to insurance
clients and the services provided thereto.
or documents that are available to the public may not be
designated as Confidential Information.
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. §
(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.
Form and Timing of Designation.
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
Inadvertent Failure to Designate.
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
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 ...