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Anderson v. Travelex Insurance Services Inc.

United States District Court, D. Nebraska

June 27, 2019

MICHELLE ANDERSON, an individual, on behalf of herself and all others similarly situated, Plaintiff,
v.
TRAVELEX INSURANCE SERVICES INC. and TRANSAMERICA CASUALTY INSURANCE COMPANY, Defendants.

          STIPULATED PROTECTIVE ORDER

          Honorable Susan M. Bazis, United States Magistrate Judge.

         Upon consideration of the joint request of Plaintiff Michelle Anderson (“Plaintiff”) and Defendants Travelex Insurance Services Inc. and Transamerica Casualty Insurance Company (collectively, “Defendants”) for entry of a Stipulated Protective Order (Filing No. 48), the Court enters the following Stipulated Protective Order (“Protective Order”). The terms and conditions of this Protective Order shall apply to discovery in the above-captioned civil action (the “Action”) in order to protect sensitive or proprietary business information, Protected Health Information, [1] and other confidential information from the parties and non-parties. The fact that Plaintiff and Defendants have agreed to the entry of this Protective Order is not, and should not be construed as, a waiver by any party or non-party of any privilege or objection to any particular discovery request.

         I. DEFINITIONS

         A. “Party” or “Parties” means the current Plaintiff or Defendants in this Action (including those listed in the caption above), and any plaintiff, defendant, or other party that may be joined in this action.

         B. “Non-Party” means any person or entity not a Party who produces documents or other information or provides testimony in response to a subpoena or other process in this Action.

         C. “Material” is defined as documents, electronically stored information, records, tangible materials, testimony, responses to discovery, and other information produced by a Party or Non-Party in discovery in this Action.

         D. “Confidential Material” is defined as Material that any Party or Non-Party considers in good faith to be confidential information relating to trade secrets, research, development, strategic planning, financial, commercial, confidential, sensitive or proprietary business or personal information (e.g., private medical information or private identifying information), which, if disclosed, might adversely affect the competitive position or business operations of the Party or Non-Party producing such materials, or invade the privacy rights of any person. Confidential Material includes any Protected Health Information. Each Party or Non-Party that designates information or items for protection under this Protective Order must take care to limit any such designation to specific material that qualifies under the appropriate standards.

         E. The “Designator” is any Party or Non-Party who produces Material in this Action and designates any such Material as “CONFIDENTIAL.”

         F. “Protected Health Information” shall have the meaning set forth in §§ 160.103 and 164.501, being part of the implementing regulations of the Health Insurance Portability and Accountability Act of 1996.

         II. DESIGNATION OF MATERIALS AS “CONFIDENTIAL”

         A. Any Party or Non-Party who produces Material in the course of discovery in this Action may designate such Material as Confidential Material if that Party or Non-Party believes in good faith that the Material satisfies the definition of Confidential Material, as set forth in Paragraph I.D.

         B. The Designator shall mark the word “CONFIDENTIAL” on the face of each document and each page so designated at the time it is produced or served, or, in the case of Confidential Material contained in or on media other than paper, by affixing such a label to the information or by using its best efforts to identify the information as Confidential Material.

         C. In the event that a Party desires to designate specific answers or responses to interrogatories or requests for admission related to Confidential Material as “CONFIDENTIAL, ” then the Party shall insert the word “CONFIDENTIAL” in brackets at the beginning of the specific answer or response.

         D. In the case of depositions, designation of the portion of the transcript (including exhibits) that contains Confidential Material shall be made within thirty (30) days after receipt of the transcript by notifying all Parties in writing of the page and line numbers which have been designated as Confidential Material. In the absence of an agreement on the record or in writing, or an order of the Court to the contrary, all deposition testimony shall be deemed Confidential Material until the expiration of the aforementioned thirty (30) days.

         E. For purposes of this Action, no Party concedes that any Material designated by any other Designator as Confidential Material has been properly designated as Confidential Material. A Party shall not be obligated to challenge the propriety of the designation of Material as “CONFIDENTIAL” at the time made, and the failure to do so shall not preclude a subsequent challenge in this or any other action. If a Party challenges a designation, it shall give written notice to the Designator, and the Party and the Designator shall attempt to resolve any challenge in good faith on an informal basis (“meet and confer”). If the challenge cannot be informally resolved, the Party challenging the designation may seek appropriate relief from the Court. The Material shall continue to be treated as Confidential Material until the issue relating to the propriety of the designation has been resolved.

         F. Any Designator may, at any time, withdraw the “CONFIDENTIAL” designation of any Material produced by that Designator.

         G. The inadvertent failure to designate or withhold any Material as confidential will not be deemed to waive a later claim as to its confidential nature, or to preclude the producing Party from designating such Material as confidential at a later date in writing and with particularity. The Material shall be treated by the receiving Party as Confidential Material from the time the receiving Party is notified in writing of the change in the designation.

         III. USE AND HANDLING OF CONFIDENTIAL MATERIAL

         A. Confidential Material shall be used only for purposes of preparing for and litigating this Action (including appeals) ...


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