Wooten v. BNSF Railway Company

Filing 148

AGREED PROTECTIVE ORDER. Signed by Magistrate Judge Jeremiah C. Lynch on 3/16/2018. (APP)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION
CV 16–139–M–DLC–JCL

ZACHARY WOOTEN,
Plaintiff,

AGREED PROTECTIVE
ORDER

v.
BNSF RAILWAY COMPANY,
Defendant.

AGREED PROTECTIVE ORDER
The parties to this action, Plaintiff Zachary Wooten (“Wooten”) and Defendant BNSF
Railway Company (“BNSF”), hereby stipulate and agree to the protection of certain documents
and information filed under seal in the above-styled and numbered cause as follows:
IT IS THEREFORE ORDERED that:
1.

Wooten has agreed to keep confidential certain BNSF documents in his possession

that have been filed under seal with the Court at Clerk’s Dkt. Nos. 76 and 76-1, as well as the
transcripts from the January 9, 2018, and January 26, 2018, depositions of Michael Hart in the
above-captioned matter (jointly referred to as the “subject documents”). This Agreed Protective
Order shall govern such documents.
2.

Wooten and Wooten’s counsel shall not disclose or disseminate the subject

documents to any person other than:

AGREED PROTECTIVE ORDER

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A.
B.

Attorneys for BNSF or Wooten retained for representation regarding this
litigation and their paralegal, secretarial and clerical staffs;

C.

Court reporters, the Court, and Court personnel; and,

D.

3.

BNSF or Wooten;

Witnesses and deponents in this action and other litigation whose review of
the subject documents is necessary for such matter, provided that such
persons are (a) informed of and given a copy of this Order, (b) informed
that they must comply with it, (c) informed that, except as consistent with
this Order, they may not disclose or disseminate the documents or their
contents to third parties, and (d) they agree, in a signed writing, to comply
with this Order.

None of the subject documents may be used by any of the individuals listed in

paragraph 2 for any purpose except in connection with this present lawsuit or as permitted in
subsection 2(D), except that Plaintiff’s counsel may file the subject documents under seal in other
litigation if counsel provides notice, prior to disclosure, to the Court and BNSF, through its
counsel, in a sealed notice filing.

DATED this 16th day of March, 2018.

______________________________
Jeremiah C. Lynch
United States Magistrate Judge

AGREED PROTECTIVE ORDER

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