Big Sky Ranch Partners, LLC et al v. Mahlen et al

Filing 27

STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge John Johnston on 11/22/2024. (TLO)

IN THE UNITED STATES DISTRICT
COURT, FOR THE DISTRICT OF MONTANA
BUTTE DIVISION
BIG SKY RANCH PARTNERS, LLC
and MAKAR PROPERTIES, LLC,
v.

Plaintiffs,

THOMAS LEE MAHLEN,
HALVERSON MAHLEN & WRIGHT,
P.C., and ZURICH AMERICAN
INSURANCE COMPANY, and DOES
1-10,

Case No. CV-24-83-BU-JTJ

STIPULATED PROTECTIVE
ORDER PURSUANT TO FED. R.
EVID. 502(d)

Defendants.
THOMAS LEE MAHLEN, and
MAHLEN LAW FIRM, P.C.,
v.

Crossclaimant,

ZURICH AMERICAN INSURANCE
COMPANY,
Cross-Defendant.
STIPULATION
IT IS STIPULATED AND AGREED by Big Sky Ranch Partners, LLC and
Makar Properties, LLC (collectively “Plaintiffs”), Thomas Lee Mahlen and Mahlen
Law Firm, P.C. (collectively “Mahlen”), and Zurich American Insurance Company
STIPULATED PROTECTIVE ORDER PURSUANT TO FED. R. EVID. 502(D)

PAGE 1

(“Zurich”) that Mahlen and Zurich are in possession of documents that may
constitute attorney-client communications, attorney-work product, and/or “Magic
Circle” documents as between: (1) Plaintiffs and Mahlen and/or Zurich; (2) Big Sky
subsidiary, Lone Mountain, Inc., and Mahlen and/or Zurich; and (3) Auric Road
LMR Management, LLC, an affiliated entity of Plaintiffs, and Mahlen and/or Zurich.
Recognizing the concerns of disclosure of attorney-client communications,
attorney-work product, and/or “Magic Circle” documents (“Documents”), the
parties agree as follows:
1.

Makar and Big Sky have the authority to enter into and bind their

subsidiary and affiliated entities Lone Mountain Ranch, Inc. and Auric Road LMR
Management, LLC to this Stipulated Protective Order.
2.

The Documents shall only be used for purposes of this litigation.

3.

The production and disclosure of the Documents is not a waiver of the

attorney-client privilege, attorney-work product privilege, or “Magic Circle
privilege” in any other federal or state proceeding.
4.

Upon request and within 30 days of the entry of a final non-appealable

order in this lawsuit, the originals and all copies of the Documents shall be returned
to the party producing the Document or, alternatively, it shall be certified in writing
that all copies of the Documents have been destroyed. This paragraph shall not
prevent the parties and their attorneys from maintaining depositions, and deposition

STIPULATED PROTECTIVE ORDER PURSUANT TO FED. R. EVID. 502(D)

PAGE 2

and trial exhibits, to ensure completeness of their files, so long as those depositions,
and deposition and trial exhibits are maintained in secured servers. This paragraph
survives the final judgment or settlement of this matter.
5.

The Documents, including copies, shall not be disseminated except to

the following:
a.

Counsel for the parties and staff of counsel for the parties as may

be necessary in this litigation in the judgment of that counsel.
b.

Any expert witness, or to any consulting expert, retained by the

parties or their counsel. Prior to distribution, the expert witness or consulting expert
shall be provided with a copy of this Stipulated Protective Order, and he/she shall
acknowledge his/her agreement to be bound by this Stipulated Protective Order.
c.

Any person whose testimony is taken or is to be taken in this

litigation during his or her testimony and in preparation therefore.
d.

Claim adjusters or other representatives of insurance carriers

with any relevant insurance contract with a Defendant in this case.

6.

e.

The Court and its personnel.

f.

Mediators.

If copies of Documents covered by this Protective Order are made

exhibits at any deposition or Court proceeding, those exhibits, at the request of any

STIPULATED PROTECTIVE ORDER PURSUANT TO FED. R. EVID. 502(D)

PAGE 3

attorney for a party, shall be filed under seal and continue to be treated as
confidential information until a further order of the Court.
7.

If a dispute arises as to whether a particular Document is an attorney-

client privileged document, attorney-work product document or “Magic Circle”
document, or any other disputed matter relating to this Stipulated Protective Order,
the party or attorneys contending a Document is an attorney-client privileged
document, attorney-work product document or “Magic Circle” document may, after
attempting and failing to resolve the dispute among counsel, file a motion to enforce
the terms and conditions of the Stipulated Protective Order. The Documents shall be
treated as protected under this Stipulated Protective Order until a court order
determining otherwise is obtained. The designation of a Document as protected
under this Stipulated Protective Order does not create any presumption with regard
to actual attorney-client privilege, attorney-work product privilege or “Magic
Circle” privilege of any Document, nor does it affect the burden of proof necessary
for obtaining a further order from the Court freeing the Document in question from
designation as attorney-client privileged, attorney-work product privileged or
“Magic Circle” privileged or further restricting of its use.
8.

This Stipulated Protective Order may only be amended by further order

of this Court.

STIPULATED PROTECTIVE ORDER PURSUANT TO FED. R. EVID. 502(D)

PAGE 4

DATED this 22nd day of November, 2024.
MOORE, COCKRELL, GOICOECHEA
& JOHNSON, P.C.
/s/ Dale R. Cockrell
Dale R. Cockrell
Eric M. Brooks
Attorneys for Defendants Thomas Lee
Mahlen and Halverson Mahlen & Wright,
P.C. (n/k/a Mahlen Law Firm, P.C
MORRISON, SHERWOOD, WILSON &
DEOLA PLLP
/s/ John Morrison
John Morrison
Attorneys for Plaintiffs Big Sky Ranch
Partners, LLC and Makar Properties, LLC
TARLOW, STONECIPHER, WEAMER &
KELLY, PLLC
/s/ Patrick C. Riley
Patrick C. Riley
Matthew J. Kelley
PIA HOYT, LLC
/s/ Adam L. Hoyt
Adam L. Hoyt (pro hac forthcoming)
Scott R. Hoyt (pro hac forthcoming)

STIPULATED PROTECTIVE ORDER PURSUANT TO FED. R. EVID. 502(D)

PAGE 5

ORDER
The foregoing Stipulated Protective Order is approved and is so ordered:
DATED this 22nd day of November, 2024.

STIPULATED PROTECTIVE ORDER PURSUANT TO FED. R. EVID. 502(D)

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