Burch-Lucich v. Lucich et al

Filing 32

JOINT AND STIPULATED PROTECTIVE ORDER re 19 Stipulation. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
)
)
)
Plaintiff,
)
vs.
)
)
GARY L. LUCICH; MARCAE LUCICH;
)
MICHELLE LUCICH NIECE; LUCICH
FAMILY LIMITED PARTNERSHIP, an Idaho )
)
limited partnership; and NORTHWEST
FUNDING, LLC, formerly known as LUCICH )
)
LLC, an Idaho limited liability company,
)
)
Defendants.
)
BEAU BURCH-LUCICH,

Case No. 1:13-cv-218-BLW

JOINT AND STIPULATED
PROTECTIVE ORDER

Came on for consideration this Joint and Stipulated Protective Order (the "Protective
Order"), which was presented to the Court by all parties in this case.

The Court, after

considering the Protective Order and the fact that it has been jointly filed and stipulated to by all
parties as evidenced by the signatures of all counsel of record, has determined that there is good
cause to enter this Projective Order, pursuant to The Federal Rules of Civil Procedure.
It is, therefore, ORDERED, ADJUDGED, and DECREED as follows:
1.

This Protective Order is entered for the purpose of facilitating discovery of

information, documents and deposition testimony so that the parties may obtain prompt
protection limiting the extent to which information, documents or testimony that a party in good
faith believes to contain non-public, sensitive, or confidential information may be used or
disclosed to persons who are not parties in this cause (the ''lawsuit"). The purpose of this
Protective Order is to provide the parties with protection related to such documents and
information until this Court may enter a ruling upon disputes regarding whether the Court should
limit the permissible uses of particular documents or information.
JOINT AND STIPULATED PROTECTIVE ORDER - 1

2.

"Discovery Material" refers to documents and things (whether or not embodied in

any physical medium) exchanged during the lawsuit including, but not limited to, documents
produced by the parties or nonparties (including electronic files and records), testimony taken at
hearings, or other proceedings, deposition testimony, interrogatory answers, responses to
requests for production, and responses to requests for admission.
A.

CONFIDENTIAL INFORMATION
1.

Discovery Material may be designated as ''CONFIDENTIAL" where the party or

non-party designating the Discovery Material as such (the ''Designator") possesses a good faith
belief that the Discovery Material constitutes or contains any of the following categories of
information that is not publicly available: (a) a Designator's trade secrets, (b) other confidential
financial or commercial information possessed by a Designator or an entity that a Designator
owns, operates or acts on behalf of, and (c) a Designator's sensitive personal information.
2.

Discovery Materials shall be designated as subject to this Protective Order either

by (a) prominently labeling the physical materials with the text "CONFIDENTIAL" or (b)
providing written notice to lead counsel for all parties in the lawsuit identifying the specific
Discovery Materials designated as subject to this Protective Order (for example, by referencing
the Bates numbers or pages of transcripts) and specifying in the notice that the designated
Discovery Materials are CONFIDENTIAL.
B.

Restrictions Upon the Use of Certain Discovery Materials
1.

All CONFIDENTIAL Discovery Materials shall be used solely for the purposes

of prosecuting, defending or resolving the claims and issues in: (a) this lawsuit and (b) any other
lawsuit, mediation, or arbitration between two or more of the parties to this lawsuit.
CONFIDENTIAL Discovery Materials shall not be used for any other purpose (this includes a

JOINT AND STIPULATED PROTECTIVE ORDER - 2

prohibition against using CONFIDENTIAL Discovery Materials for commercial purposes), and
shall not be disclosed to any person or entity except in accordance with the terms of this
Protective Order.
2.

No party shall disclose CONFIDENTIAL Discovery Materials, or extracts or

summaries therefrom, to any person except the following:
a.

b.

The parties;

c.

Officers, employees, business managers, accountants and/or professional
managers of a party actively engaged in assisting that party's attorneys in
the conduct of the lawsuit to the extent reasonably necessary to enable the
attorneys for the party to render professional services in the lawsuit;

d.

Persons who are not employees, business managers and/or professional
managers of any party who are expressly retained to assist such party's
counsel ("retaining counsel") in preparing the lawsuit for trial or hearing
including, but not limited to, consulting and testifying experts,
independent auditors, accountants, statisticians, economists, and other
experts, and the employees of such persons ("Outside Experts"), after such
Outside Expert has signed and delivered to retaining counsel a statement
in the form attached as Exhibit "A;''

e.

The court, court reporters, videographers, arbitrators, mediators, and other
presiding officials present at the trial or any hearing in the lawsuit;

f.

3.

Inside and outside legal counsel for any party and the employees of such
attorneys;

Fact witnesses, after the witness has signed and delivered to counsel of
record for one of the parties a statement in the form that is attached as
Exhibit "A."

Testimony at a deposition and materials marked as exhibits at a deposition may be

designated as CONFIDENTIAL (a) during the deposition on the record or (b) within thirty (30)
calendar days after the receipt of the transcript of such testimony by the Designator. Unless a
Party designates a deposition transcript or deposition exhibits to be treated otherwise, until the

JOINT AND STIPULATED PROTECTIVE ORDER - 3

expiration of thirty (30) calendar days after receipt of a transcript of deposition testimony by
counsel for each party to the lawsuit, the transcript will be treated as CONFIDENTIAL.
C.

Procedures for Challenging Designations and
Disclosing Discovery Materials to Additional Persons
1. If

anyone

desires

to

disclose

any

Discovery

Materials

designated

as

CONFIDENTIAL to any person who is not authorized to receive the Discovery
Materials in Section B above, they must proceed in the following manner:
a. The names of all persons to whom the Discovery Material are to be
disclosed and a description of the Discovery Material(s) to be disclosed to
such person shall be provided in writing to lead counsel for the party or
non-party who designated the Discovery Material as subject to this
Protective Order at least twenty (20) days before the disclosure to afford
said counsel an opportunity to object to the disclosure or file a motion for
protective order with this court.
b. If no objection or motion for protective order are filed within the 20-day
period disclosure to the named persons may be made after the 20-day
period expires.
c. If an objection or motion are filed within the 20-day period, the Discovery
Material shall not be disclosed until the court has ruled on the motion for
protective order.
d. Any person who becomes authorized to receive Discovery Material
pursuant to this paragraph (whether such authorization arises from the lack
of an objection or from the court's ruling on a motion for protection) shall,
before the receipt of any Discovery Material, execute and deliver to an
attorney of record in the lawsuit a statement in the form attached hereto as
Exhibit “A.”
2.

Notwithstanding paragraph C(l), if any party in this lawsuit believes that

Discovery Material(s) have been inappropriately classified as CONFIDENTIAL, that party may
so notify all other parties in the lawsuit in writing and provide a description of the Discovery
Material(s) that the objecting party believes should be freed from the constraints of this
Protective Order. The party who originally designated the Discovery Material as

JOINT AND STIPULATED PROTECTIVE ORDER - 4

CONFIDENTIAL must then file a motion for a protective order within twenty (20) days from
receipt of such notice. If such a motion is timely filed, the protection afforded by the terms of
this Protective Order shall continue until a decision on the motion has been made by the court. If
no motion is made within the 20-day period, the protection afforded to the Discovery Material(s)
described in the objecting party's notice shall terminate.
D.

Additional Provisions
1.

This Protective Order shall not be deemed a waiver of:
a. Anyone's right to object to any document or discovery requests on any
ground;
b. Anyone's right to seek an order compelling production with respect to any
document or discovery request;
c. Anyone's right in any proceeding to object to the admission of any
evidence on any ground; or
d. Anyone's right to use its own documents and confidential information in
its sole and complete discretion.

2.

The provisions of this Protective Order shall continue in effect with respect to all

Discovery Material until expressly released by the party furnishing such Discovery Material, and
such effectiveness shall survive the final determination of this lawsuit. Any party may move the
court to amend any portion of this Protective Order, including amendment to permit trial
witnesses access to trial exhibits and transcripts of testimony that are reasonably necessary to
assist such witnesses in preparation for that testimony.
3.

Each party will provide the other party with a list of exhibits and deposition

designations in advance of trial pursuant and to the extent, if any, required by the Federal Rules
of Civil Procedure or any order entered by the court. A party's previous designation of a

JOINT AND STIPULATED PROTECTIVE ORDER - 5

document as subject to this Protective Order shall not prevent the opposing party from later
contesting that designation at trial.
4.

Unless otherwise agreed by the party who originally produced Discovery

Materials, within sixty (60) days of the final determination of all litigation between any of the
Plaintiffs and any of the Defendants in this lawsuit, each party shall return all Discovery
Materials and summaries or derivations thereof in its possession or control to the party who
furnished it, or certify that all such Discovery Materials have been destroyed. For purposes of
this Protective Order, the "final determination" of litigation shall be deemed to be the later of (i)
full settlement of all claims, (ii) final judgment or the completion and exhaustion of all appeals,
rehearings, remands, trials and reviews, if any, of the litigation, or (iii) the expiration of all time
limits under applicable state or federal law for the filing of or application for all appeals,
rehearings, remands, trials or reviews of the litigation, including the time limits for the filing of
any motions or applications for extension of time pursuant to applicable law.
5.

Failure to designate Discovery Materials as subject to this Protective Order at the

time the Discovery Materials are disclosed shall not be deemed to be a waiver of the ability to
have this Protective Order apply to the Discovery Materials. Thus, all persons and entities
subject to this Protective Order in possession of Discovery Materials designated as
CONFIDENTIAL shall treat the Discovery materials in accordance with the restrictions of this
Protective Order from and after the date they receive notice of the designation.
6.

It is expressly ordered that this Protective Order will not, in any manner, be

disclosed to the jury, if any, in the above-styled and numbered cause. It is further ordered that
this Protective Order will not be used, in any manner or form, direct or indirect, as evidence or
referred to at trial. Likewise, this Protective Order shall not be evidence that any Discovery

JOINT AND STIPULATED PROTECTIVE ORDER - 6

Materials designated as subject to this Protective Order actually consist of confidential,
proprietary or trade secret information. It is further ordered that any "CONFIDENTIAL" legend
on Discovery Materials required by this Protective Order shall be removed from any document
before it is offered into evidence at any jury trial of this cause.

DATED: March 11, 2014

_________________________
B. Lynn Winmill
Chief Judge
United States District Court

JOINT AND STIPULATED PROTECTIVE ORDER - 7

EXHIBIT ''A"
1.

I am familiar with and agree to be bound by the terms of the attached Agreed

Protective Order in the lawsuit styled and I recognize that all capitalized words in this document
have the meaning assigned to them in the Agreed Protective Order.
2.

I will only make those copies of or notes concerning Discovery Materials that are

subject to the Agreed Protective Order as are permitted by the Agreed Protective Order. All such
notes and copies shall be preserved in a separate file maintained as confidential and which is
marked for return or destruction upon completion of this lawsuit.
3.

I will not reveal the contents of any materials that are subject to the Agreed

Protective Order to any unauthorized person.
4.

I will not use materials subject to the Agreed Protective Order for any purpose

other than assisting in providing information or opinions for use in prosecuting, defending or
negotiating a resolution of the of claims and issues in this lawsuit.
5.

At the end of this lawsuit, I shall return all materials to the lead counsel for the

party that provided the materials to me, as set forth in the Protective Order.
DATED this___ day of ____________ in the year of 201___.

By. ______________________________
Printed Name: _____________________

JOINT AND STIPULATED PROTECTIVE ORDER - 8