Lucas et al v. BT-OH et al

Filing 74

PROTECTIVE ORDER Signed by Judge Brian Morris on 8/15/2017. (ELL)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION
TROY LUCAS and JACKIE LUCAS,
Plaintiffs,

CV-16-12-BU-BMM

vs.
BT-OH LLC, MONTBILL INC., and
JOHN DOES 1-10,

PROTECTIVE ORDER

Defendants.

Plaintiffs have moved for an Order directing Dr. James V. English, Ph.D. to
produce to counsel a complete copy of the testing materials and raw data from any
and all neuropsychological tests Dr. English performed on Troy Lucas. Plaintiffs
have also moved for the issuance of a Protective Order regarding the production of
Dr. English’s testing materials and raw data. The Court conducted a hearing on
Plaintiffs’ motion on July 27, 2017.
IT IS ORDERED:
1.

Plaintiffs’ Motion for Protective Order (Doc. 30) is GRANTED.

2.

Dr. English shall produce to Plaintiff’s counsel a complete copy of

Troy Lucas’s testing materials and raw data from any and all neuropsychological
tests performed on Troy Lucas.
3.

To ensure and protect against the unfettered public disclosure of

confidential or proprietary information, any documents produced by Dr. English in
response to this Order, shall be governed by the following terms and conditions:
a.

Upon receipt of the responsive materials from Dr. English,

Plaintiffs’ counsel shall assign an identification number to the
materials, and shall mark/stamp each document “Confidential”
(hereinafter referred to as “Confidential Materials”);
b.

The Confidential Materials may be used only for purposes of

this litigation. Such materials shall not be used for any other purpose,
including disclosure to the public or media, use for any business or
commercial purpose, or use in any other litigation or proceeding. The
foregoing shall not apply to discovery materials that properly become
part of the public record;
c.

The Confidential Materials may not be disseminated, disclosed,

summarized, described, or otherwise communicated or made available
in whole or in part to any person except the following “Authorized
Persons:”
(i)

Counsel for the parties, and the paralegals, secretaries,

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employees, and service vendors of such counsel (such as outside
copying services and outside litigation support services) who are
assisting in the preparation and trial of this action;
(ii)

Any person indicated on the face of a document to be the

author, addressee, or an actual or intended recipient of the
document;
(iii)

Experts or consultants necessary to assist counsel for the

parties, and secretaries, employees, and service vendors of such
experts or consultants (such as outside copying services and
outside support services) who are assisting in the preparation
and trial of this action, provided that such expert or consultant is
using said Confidential Materials solely in connection with this
action;
(iv)

Witnesses or deponents and their counsel, only to the

extent necessary to conduct or prepare for depositions or
testimony in this action;
(v)

The parties themselves;

(vi)

The Court, persons employed by the Court, and court

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reporters/videographers transcribing or recording any hearing,
trial, or deposition in this action, or any appeal therefrom;
(vii) Every person to whom Confidential Materials are
disclosed, summarized, described, or otherwise communicated
or made available in whole or in part, shall be advised that the
information is being disclosed pursuant and subject to the terms
of this Order and may not be disclosed or used for purposes
other than those permitted hereunder. Each such person shall
maintain the Confidential Materials, or information derived
therefrom, in a manner reasonably calculated to prevent
unauthorized disclosure.
d.

The obligation to prevent the unauthorized disclosure of these

Confidential Materials shall continue after the completion of this
litigation, including any related appeal. BT-OH and BT-OH’s
experts/consultants shall destroy the Confidential Materials upon
resolution of this action, whether by summary order, settlement, trial,
or final appeal.

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e.

This Order shall have no effect upon and shall not apply to

Dr. English’s use of the materials.
DATED this 15th day of August, 2017.

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