Anderson et al v. Boyne USA, Inc. et al

Filing 31

STIPULATED CONFIDENTIALITY ORDER granting 29 Motion. Signed by Judge Brian Morris on 11/21/2022. (TLO)

Case 2:21-cv-00095-BMM Document 31 Filed 11/21/22 Page 1 of 9

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION
LAWRENCE ANDERSON, as trustee
for the LAWRENCE T. ANDERSON
AND SUZANNE M. ANDERSON
JOINT REVOCABLE LIVING TRUST,
ROBERT AND NORA ERHART, and
TJARDA CLAGETT,

Cause No. 2:21-cv-00095-BMM

STIPULATED
CONFIDENTIALITY ORDER

Plaintiffs,
vs.
BOYNE USA, INC., BOYNE
PROPERTIES, INC., AND SUMMIT
HOTEL, LLC
Defendants.
The discovery sought in the above-styled case may involve the production of
documents, information, and/or things containing business, competitive,
proprietary, trade secret or other information of a sensitive, private, and
confidential nature about the party (or of another person which information the
party is under a duty to maintain in confidence), hereafter referred to as
“Confidential Information,” and witness testimony containing Confidential
Information. Accordingly, the parties having agreed to enter into this Stipulated
Confidentiality Order (“the Order”) to govern the production of documents,

Case 2:21-cv-00095-BMM Document 31 Filed 11/21/22 Page 2 of 9

provision of information and testimony that contains Confidential Information, and
for good cause shown, the Court hereby ORDERS as follows:
DESIGNATION OF CONFIDENTIAL INFORMATION
1.

Designation of Material. Documents and other things claimed to be

or to contain Confidential Information shall, prior to production, be marked by the
producing party as “Confidential.” Placement of the “Confidential” designation on
each protected page or on the initial page of a protected document when it is
produced shall constitute notice and shall designate the document as Confidential
material.
2.

Subsequent Designation. Documents and/or materials produced in the

litigation that are not identified as Confidential Information when they were
initially produced may within thirty (30) days of the original production or entry of
this Order be designated as Confidential by the producing party by providing
written notice to counsel for all other parties and to any person who may be
involved. Each party or person who receives such written notice shall endeavor to
retrieve any Confidential Information that may have been disseminated. No
distribution prior to the receipt of such written notice shall be deemed a violation
of this Order. In the event of an inadvertent disclosure of Confidential Information
without the appropriate designation, the designating party will promptly provide
counsel a replacement of the information containing the appropriate designation.

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The non-designating party then must immediately return the original information
and all copies to the designating party or destroy all copies of the original
information.
3.

Designation of Depositions. Depositions or portions thereof upon oral

or written questions may be classified as Confidential Information either by an
examining party’s attorney or by an attorney defending or attending the deposition.
A party claiming that a deposition or any portion thereof is Confidential
Information shall give notice of such claim to the other affected parties and persons
either prior to or during the deposition and the testimony taken and the transcript of
such deposition or portion thereof shall be designated as Confidential. For
depositions that have already occurred prior to entry of this Order, a party may
claim that a deposition or any portion thereof is Confidential Information within
fourteen (14) days after entry of this Order.
4.

Modification of Designation. The designation of Confidential

Information by the producing party shall not be determinative and may be
modified or eliminated at any time in one of two ways, as explained below.
a) The producing party may agree in writing to downgrade or eliminate
the Confidential designation concerning any material it produced.
b) In the event that any party objects to the designation of Confidential
Information, that party shall make the objection known and thereafter,
counsel shall meet and confer (by telephone or otherwise) in a good faith
attempt to resolve the dispute. Such efforts should include, if appropriate, a
narrowing of the scope of the material designated as Confidential
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Information. In the event that the dispute is unresolved, the party making
the confidentiality designation may file for a protective order within fourteen
(14) days after the parties have been unsuccessful in their efforts to resolve
the dispute. The party seeking protection bears the burden of showing that
specific prejudice or harm will result if no protective order is granted. If the
designating party does not timely file for a protective order, the document
shall be deemed to no be confidential.
ACCESS TO CONFIDENTIAL INFORMATION
5.

General Access. Except as otherwise expressly provided herein or

ordered by the Court, Confidential Information may be revealed only as follows:
a) To counsel for a party hereto (and secretaries, paralegals, and other
staff employed in the offices of such outside counsel who are working
on the litigation).
b) To the parties after they have been given a copy of this Confidentiality
Stipulation.
c) To court reporters transcribing a deposition, hearing, or other
proceeding in this matter that is marked Confidential in whole or in
part.
d) Lay or expert witnesses or consultants who sign Exhibit A attached
hereto.
e) The Court and its personnel.
f) Other persons only by written consent of the producing party or upon
order of the Court and on such conditions as may be agreed by
counsel.
Nothing herein shall prevent the producing party from showing the
documents or information to an employee of that party.

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6.

No Copies/Notes. Except for internal use by counsel for the parties

hereto, for Court and deposition copies, and for such use as is expressly permitted
under the terms hereof, no person granted access to Confidential Information shall
make copies, reproductions, transcripts, or facsimiles of the same or any portion
thereof or shall take notes or otherwise summarize the contents of such
Confidential Information.
7.

Disputes over Access. If a dispute arises as to whether a person who

is not authorized to have access under Paragraph 5 should be granted access to
Confidential Information, the party seeking disclosure may move the Court to
permit the disclosure and must obtain an order of the Court before disclosing the
information.
USE OF CONFIDENTIAL INFORMATION
8.

Use in this Litigation Only. Confidential Information may be used

only for purposes of this litigation. Each person to whom the disclosure of any
Confidential Information is made shall not, directly or indirectly, use, disclose, or
disseminate, or attempt to use, disclose, or disseminate, any of the same except as
expressly provided herein.
9.

Use at Depositions. If Confidential Information is to be discussed or

disclosed during a deposition, the producing party shall have the right to exclude
from attendance at the deposition, during the time the Confidential Information is

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to be discussed, any person not entitled under this Order to receive the Confidential
Information.
10.

Use at Court Hearings and Trial. Subject to the Federal Rules of

Evidence, anything containing Confidential Information which has been designated
by the other party as a proposed trial exhibit, either pursuant to applicable pretrial
procedures or otherwise, may be offered into evidence in open court unless the
party that made the confidentiality designation obtains an appropriate protective
order from the Court. If no such order is obtained and anything containing
Confidential Information is in fact offered into evidence, such Confidential
Information shall cease to be protected by this Agreement.
11.

Filing. Given the scope and nature of the claims in this case, the

parties agree that, notwithstanding Local Rule 26.4(b)(2), the parties may file
designated Confidential Information subject to this Order in a redacted form in
anticipation that the Court will grant leave to redact. A party need not await ruling
on a motion for leave to redact before filing designated Confidential Information
subject to this Confidentiality Order in a redacted form. If the confidentiality of
the designated Confidential Information sought to be filed in a redacted form has
not been objected to pursuant to Paragraph 4(b), a party will not oppose a motion
for leave to redact and parties need not communicate regarding opposition to such
motions for leave to redact as may otherwise be required under Local Rule

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7.1(c)(1). If the confidentiality of the designated Confidential Information sought
to be filed in a redacted form has been objected to pursuant to Paragraph 4(b), the
party seeking leave to redact will communicate with the opposing party concerning
the motion for leave to redact in accordance with Local Rule 7.1.
12.

Reasonable Precautions. Counsel for each party shall take all

reasonable precautions to prevent unauthorized or inadvertent disclosure of any
Confidential Information.
13.

Return After Litigation. Within forty-five (45) days of the final

termination of this litigation by judgment, appeal, settlement, or otherwise, or
sooner if so ordered by the Court, counsel for each party shall return to counsel for
the party who furnished the same all items constituting, containing, or reflecting
the other party's Confidential Information.
OTHER PROVISIONS
14.

Subpoenas and Third Parties: For the purposes of this Order, third

parties producing documents pursuant to Rule 45 subpoenas shall have the same
rights as parties to designate documents as confidential, in which case the
protections and procedures set forth herein shall similarly apply to them.
15.

Not an Admission. Nothing herein shall be construed as a

determination that any particular document or material designated as “confidential”
by counsel or the parties is entitled to protection under Rule 26(c) of the Federal

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Rules of Civil Procedure. Furthermore, nothing contained herein shall preclude the
parties or a person from raising any available objection, or seeking any available
protection with respect to any Confidential Information, including but not limited
to the grounds of admissibility of evidence, materiality, trial preparation materials
and privilege.
16.

Miscellaneous. This Order shall apply to the production of all

materials whether or not such materials are informally produced or produced in
response to a formal discovery request or a Court order in this litigation. This
Order may be used to protect the confidentiality social security numbers of the
parties and of any and all current or former employees of either of the parties or
their affiliates.
17.

Modification. Any party may move to modify this Order for good

cause.
Plaintiffs and Defendants, by their undersigned counsel, stipulate and
consent to the entry of this Protective Order. The parties may sign this Protective
Order in counterparts.
DATED this 21st day of November, 2022.

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Exhibit A
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION
LAWRENCE ANDERSON, as trustee for
the LAWRENCE T. ANDERSON AND
SUZANNE M. ANDERSON JOINT
REVOCABLE LIVING TRUST, ROBERT
AND NORA ERHART, and TJARDA
CLAGETT,

Cause No. 2:21-cv-00095-BMM

EXHIBIT A TO STIPULATED
CONFIDENTIALITY ORDER

Plaintiffs,
vs.
BOYNE USA, INC., BOYNE
PROPERTIES, INC., AND SUMMIT
HOTEL, LLC
Defendants.

I, __________________________, have been provided with access to documents,
information, and/or things related to the above-captioned case containing business,
competitive, proprietary, trade secret or other information of a sensitive, private, and
confidential nature, hereafter referred to as “Confidential Information.” I have read and
understand the Stipulated Confidentiality Order entered in the above-captioned case and
agree to not disclose any Confidential Information in accordance with the Stipulated
Confidentiality Order.
________________________
Signature
________________________
Printed Name

_________________
Date