Lake Cascade Airpark, LLC et al v. Northwest Farm Credit Services, FLCA

Filing 33

PROTECTIVE ORDER re 32 Stipulation for Protective Order. 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 (cjs)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

LAKE CASCADE AIRPARK, LLC, an Idaho
)
limited liability company; DONALD MILLER
)
and CANDACE W. MILLER, husband and wife,
)
)
Plaintiffs,
)
)
vs.
)
)
NORTHWEST FARM CREDIT SERVICES,
)
FLCA, a federally chartered Instrumentality
)
of the United States of America,
)
)
Defendant.
)
)
)

CASE NO. 1:14-cv-00240-BLW

PROTECTIVE ORDER

PROTECTIVE ORDER RE: CONFIDENTIAL MATERIALS
THE COURT, having read the stipulation between Lake Cascade Airpark, LLC and
Northwest Farm Credit Services, FLCA (Doc. No. 32) relating to the production and use in this
proceeding of certain confidential information and documents, and finding good cause therefore;
IT IS HEREBY ORDERED THAT:
The Parties may designate as “CONFIDENTIAL” in whole or in part, any document, thing,
or information (collectively “material”) which they, in good faith, contend is confidential, or
contains confidential information, and which is to be disclosed or produced to the other Party in this
proceeding.

Protective Order Re: Confidential Materials
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Any “CONFIDENTIAL” material that the Parties believe in good faith should not be
disclosed to third parties, or to any directors, officers, agents or employees of such third parties, may
be designated “CONFIDENTIAL.” The Parties anticipate that this category will be limited to the
disclosing Party’s tax-related, financial, proprietary, borrower-related information, other information
regarding the disclosing Party’s business operations, plans and strategies. Such designations shall
be made, where practical, by marking each page of a document, each separate part or component of
a thing, or each separate item of other information in a conspicuous manner as “CONFIDENTIAL.”
If not practical to so mark each page of a document, as in the case of a bound publication, the cover
of such document shall be so marked. If not practical to so mark the material itself, a container for
or a tag attached to the material shall be so marked.
1.

In lieu of marking the original of a document or other material “CONFIDENTIAL”

prior to inspection, the producing Party or its counsel may orally designate any document or other
material being produced for inspection by counsel for the other Party as “CONFIDENTIAL” thereby
making it, and the information it contains, temporarily subject to this Order. However, each copy
of such document or other material subsequently delivered to inspecting counsel must be marked
“CONFIDENTIAL” as required by this Order at the time it is so delivered in order to make the
document and any copies subject to this Order.
2.

With respect to depositions of the Parties, or any person ever employed by, or acting

for or on behalf of the Parties to this action, the Parties, or either of them, may at the deposition
designate all or part of the deposition as “CONFIDENTIAL” and request the reporter to insert a
statement regarding the confidentiality of the information into the deposition transcript.

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Alternatively, such Party may designate all or part of the deposition as “CONFIDENTIAL” within
a reasonable time after receiving the transcript of the deposition from the court reporter.
3.

All material designated “CONFIDENTIAL,” as provided herein shall only be used

by the recipient of the confidential material to prepare to prosecute or defend, or to actually
prosecute or defend, the claims and defenses asserted in this proceeding. The material shall not
otherwise be used and shall only be disclosed to others as set forth in paragraphs 6 and 7 below. To
the extent any Party desires to file with the Court or utilize as an exhibit at a hearing or trial either
electronic or paper copies of material designated “CONFIDENTIAL,” that Party shall comply with
the requirements of District Local Rule Civ. 5.3, a copy of which is attached hereto as Exhibit “A”
and by this reference it is made a part hereof.
4.

The designation of material by the Parties as “CONFIDENTIAL” shall not create a

presumption that the material is in fact confidential; however, the Parties agree to treat the material
as confidential pursuant to the procedures set forth in this Order unless and until the Party who
designated the material as confidential withdraws the designation, or the Court orders that the
designation be removed or modified.
5.

Nothing in this Order shall be construed to prevent the Parties from opposing the

designation of materials as “CONFIDENTIAL.” A Party opposing the designation of materials as
“CONFIDENTIAL” shall first meet and confer in good faith with the designating Party to attempt
to resolve any request that the designating Party withdraw or modify the designation. If the
designation is not withdrawn or modified to the satisfaction of the objecting Party, the objecting
Party may file a motion, including a motion on shortened notice, as appropriate, with the Court

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seeking an order removing or modifying the designation by stating the reasons why the material
should not be designated “CONFIDENTIAL” as that term is described herein.
6.

Unless otherwise ordered by the Court, access to material designated

“CONFIDENTIAL” and to any portion of any transcript, brief, affidavit, memorandum or other
paper that contains, reveals or refers to material so designated, shall be limited to:
(a)

Counsel of record for the Parties, including lawyers in their firm who assist

them in this matter;
(b)

The clerical employees of such counsel of record (including secretaries,

paralegals and clerks) actually assisting such counsel in preparation of this case; provided, however,
that each shall be advised of and agree to become subject to, the provisions of this Protective Order;
(c)

The Parties, and those employees of the Parties who have direct functional

responsibility for preparation, guidance and assistance to that Party’s counsel in evaluating material
designated “CONFIDENTIAL” by the opposing Party; provided, however, that the persons shall be
advised of, and shall agree to become subject to, the provisions of this Order;
(d)

Non-party experts or consultants (including their secretaries and clerical

personnel) who are retained to assist counsel of record in this case to assist in the preparation and
trial of this action; provided, however, that such individuals shall first be advised of, and shall agree
to become subject to, the provisions of this Order; and
(e)

Any persons acting on behalf of or appointed by the Court to perform services

in this matter (“Court Appointed Persons”) and any persons employed or contracted by Court
Appointed Persons to assist them in them in fulfilling their duties.
7.

Confidential material may be disclosed to persons described in Paragraphs 6(c) and

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6(d) only after the proposed recipient has received a copy of this Order and has signed a written
statement agreeing to be bound by the terms of this Order to evidence his or her agreement to be
bound by its terms and conditions. The Party disclosing confidential material to persons described
in Paragraphs 6(c) and 6(d) shall retain the original of the signed written statement agreeing to be
bound by the terms of this Order and shall make it available to the other Party to this Agreement on
reasonable demand in connection with the enforcement of this Order.
8.

Material designated “CONFIDENTIAL” shall not be disclosed to any person not

described in Paragraph 6 above.
9.

The foregoing limitations on the persons who are provided access to the Parties’

material designated “CONFIDENTIAL” pursuant to this Order shall not prevent any Party from
making any use whatsoever of its own confidential materials, and shall not bar an opposing Party
from making a preliminary and general inquiry at a deposition to determine in good faith whether
a deponent has seen, received or otherwise been provided access to materials outside of this action
that have been designated “CONFIDENTIAL” herein. The foregoing limitations on those persons
to whom an opposing Party’s material designated “CONFIDENTIAL” may be disclosed shall not
bar a Party, on an appropriate showing of need, from applying to or moving the Court to enlarge or
further limit the persons to whom some or all such material designated “CONFIDENTIAL” may be
disclosed under this Order.
10.

Each recipient of material designated “CONFIDENTIAL” shall maintain such

material in a secure, safe area and shall exercise the same standard of care with respect to the
storage, custody, use and dissemination of such material as is exercised by the recipient with respect
to its own confidential and/or proprietary material.
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11.

Except upon consent of the designating Party or upon order of the Court, any and all

material designated “CONFIDENTIAL” produced, served or otherwise made available to the Parties
during the course of this proceeding, together with all reproductions, copies, abstracts, indices,
summaries or detailed descriptions of those materials, shall be used by that other Party only for a
purpose set forth in Paragraph 3 and for no other purpose whatsoever. All copies, duplicates,
extracts, summaries, or detailed descriptions of material designated “CONFIDENTIAL” or any
portion thereof, shall be immediately affixed with the term “CONFIDENTIAL” if that term does not
already appear thereon.
12.

Inadvertent disclosure of material designated “CONFIDENTIAL” to an opposing

Party without identifying the same as “CONFIDENTIAL” shall not be deemed a waiver of
confidentiality with regard to the material inadvertently disclosed, nor shall it be deemed a waiver
of confidentiality with regard to similar material.
13.

After final determination of this litigation, all materials designated as

“CONFIDENTIAL” which have been served or otherwise made available by the designating Party
to another Party during the course of this action, together with all reproductions, copies, abstracts,
indices or summaries of those materials shall be promptly returned to counsel for the designating
Party or certified as having been destroyed, as requested in the producing Party’s written directive.
Counsel for the Parties are responsible for securing and returning to the designating Party, or
certifying the destruction of, any confidential material supplied to nonparty experts or consultants.
14.

If material or information designated “CONFIDENTIAL” is disclosed by a receiving

Party to any person other than in the manner authorized by this Order, the receiving Party
responsible for the disclosure must immediately bring all pertinent facts relating to such disclosure
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to the attention of the designating Party, and without prejudice to the rights and remedies of the
designating Party, make every effort to prevent further unauthorized disclosure or dissemination on
its own part or on the part of the recipient of such information or material.
15.

Nothing in this Order shall be construed as requiring the disclosure of privileged

materials, materials subject to protection under the attorney work-product doctrine, or materials
which are otherwise beyond the scope of permissible discovery. Any material considered to be
privileged under the Federal Rules of Evidence which is inadvertently disclosed shall be returned
to the disclosing Party promptly upon receipt by the receiving Party of notice of the inadvertent
disclosure, and the receiving Party shall keep no copies or reproductions, and shall make no use
whatsoever of the privileged material or information inadvertently disclosed.
16.

Nothing in this Order shall be construed to prevent a Party or nonparty from seeking

such further provisions regarding confidentiality as may be appropriate.
17.

Nothing in this Order shall be construed as a waiver by the Parties of any objections

that might be raised as to admissibility at trial of any evidentiary materials.
Any disputes over the interpretation or enforcement of this Order that the Parties are unable
to resolve after a good faith effort to confer, shall be decided by the Court, whose decision shall be
binding upon the Parties.
SO ORDERED,

Protective Order Re: Confidential Materials
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DATED: May 21, 2015

B. LYNN WINMILL
Chief Judge
United States District Court

Protective Order Re: Confidential Materials
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Exhibit “A”

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