Securities and Exchange Commission v Behrens, et al

Filing 310

PROTECTIVE ORDER granting 308 Motion for Protective Order Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
SECURITIES AND EXCHANGE
COMMISSION,
8:8CV13
Plaintiff,
vs.

PROTECTIVE ORDER

BRYAN S. BEHRENS, NATIONAL
INVESTMENTS, INC.,
Defendants.
The parties’ joint motion and stipulation, (Filing No. 308), is granted, and a
protective order is entered as follows:
A.

Kansas City Life with voluntarily produce two documents – (1) The Post2004 Non-Contributory Deferred Compensation Plan for Kansas City Life
Insurance Company Agents; and (2) The Post-2004 Contributory Deferred
Compensation Plan for Agents (2012 Restatement) (collectively, the “KCL
Confidential Documents”) – to the other parties who are signatories to the
parties’ stipulated motion, (Filing No. 308).

B.

The KCL Confidential Documents shall be strictly confidential, and neither
the parties to this motion nor their counsel shall either (a) disclose such
documents to other persons; or (b) absent Court Order, use such documents
for any purpose unrelated to this specific litigation.

C.

To the extent any party wishes to use either of the KCL Confidential
Documents in this litigation, it shall file such documents as “Restricted
Access” filings pursuant to the Court’s CM/ECF procedures related to the
same.

D.

Any party to whom disclosure is made reserves the right to seek a judicial
finding that confidential treatment of the documents is unwarranted, but no
party shall publicly disclose any document produced pursuant to the
parties’ stipulated motion without the written permission of the Court or of
Kansas City Life.

E.

The attorneys or representatives who have signed the stipulated motion for
protective order (Filing No. 308) will make their clients aware of the terms
of this Protective Order before they show the KCL Confidential Documents
to the clients.

F.

The provisions of this Protective Order shall continue to be binding after
final termination of this litigation. Within ninety (90) days after final
conclusion of all aspects of this litigation, including any appeals, all
persons (other than the court itself) who received (or tendered to any other
person) any KCL Confidential Documents (or any copy thereof) must: (i)
return such document(s) to Kansas City Life or (ii) certify in writing to
counsel to Kansas City Life that all documents received pursuant to this
Protective Order have been destroyed.

G.

If, at any time, the KCL Confidential Documents are subpoenaed or
requested by any court, administrative agency, legislative body, or other
person or entity, the person or Party to whom the subpoena or request is
directed shall provide prompt written notice to Kansas City Life within 14
days of receipt of the subpoena or request.

April 29, 2013.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

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