Tramp v. Associated Underwriters, Inc.
Filing
44
PROTECTIVE ORDER - This matter is before the Court upon the parties' Amended Confidentiality Agreement and Stipulated Protective Order (filing 43 ). The Court, being duly advised of the premises herein, finds that the Agreement and Stipulation should be adopted. Ordered by Magistrate Judge F.A. Gossett. (GJG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MARJORIE TRAMP,
)
)
Plaintiff,
)
)
vs.
)
)
ASSOCIATED UNDERWRITERS, INC., )
)
Defendant.
)
CASE NO.: 8:11-cv-00371
PROTECTIVE ORDER
This matter is before the Court upon the parties’ Amended Confidentiality Agreement and
Stipulated Protective Order (filing 43). The Court, being duly advised of the premises herein,
finds that the Agreement and Stipulation should be adopted.
Accordingly,
IT IS ORDERED:
1.
The parties anticipate that the parties may seek (either from each other or from
subpoenaed non-parties) information and documents that may contain information regarding
Associated Underwriters, Inc.'s and/or its health insurance carrier’s customers, account numbers,
customer contact information, and customer financial information, as well as other proprietary
business and financial information, and/or trade secrets (hereinafter "Confidential Information").
Any documents produced or information provided by a party or by a subpoenaed non-party in
response to any discovery request or subpoena may be designated as "confidential" in the
following manner if said documents contain such Confidential Information:
a.
By imprinting the word "confidential" on the first page or cover of any
document produced;
b.
By imprinting the word "confidential" next to or above any answer to any
Interrogatory;
c.
With respect to portions of a deposition transcript, by making
arrangements with the attending court reporter to bind the confidential
portion(s) of such transcripts separately and labeling them as "confidential;"
and
d.
With respect to electronic information, by noting in a separate writing, or in
answer to any discovery request or disclosure, that such information is
designated as "confidential."
2.
With respect to all documents and information provided by a party or by a
subpoenaed non-party through discovery that are designated as "confidential" by imprinting the
word "Confidential" on the documents produced or by specifically referencing said document as
Confidential by Bates number, the following conditions shall apply:
a.
They shall be used only for the purpose of this litigation and not for any
business or other purposes whatsoever;
b.
They shall not be communicated or disclosed in any manner, either
directly or indirectly, to anyone other than:
(1)
The attorneys of record and persons employed by them;
(2)
Outside experts who have, prior to disclosure, agreed in writing to
be bound by the terms of this Amended Protective Order as
provided in subparagraph d. hereof;
(3)
The parties or their representatives;
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(4)
This Court and Court personnel; and
(5)
Such other persons as the Court may specifically approve after
notice and hearing.
c.
That all information designated as "Confidential Information" in whatever
format shall be furnished only under the terms of this Amended Protective
Order and shall be treated by all persons to whom Confidential
Information is disclosed and all persons accorded access pursuant to this
Amended Protective Order as constituting Confidential Information and
shall neither be used nor disclosed except for the purpose of this litigation,
and solely in accordance with this Amended Protective Order or
subsequent order of the Court.
d.
It is further ordered that this Confidential Information shall not be further
disclosed to anyone except those categories of persons provided herein and
who have signed a Nondisclosure Agreement and to whom disclosure is
necessary for the purposes associated with this lawsuit. Counsel of record
and other persons or entities retained to assist in this lawsuit who have
signed a Nondisclosure Agreement shall appropriately notify such persons
or entities that the disclosure is made in confidence and must be kept in
confidence in accordance with this Amended Protective Order.
e.
Individuals authorized to review Confidential Information pursuant to this
Amended Protective Order shall hold such information in the strictest
confidence and shall not divulge the information, either verbally or in
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writing, to any other person, entity or government agency unless authorized
by the parties or order of the Court.
f.
No access to Confidential Information shall be provided to any individual
until the individual to be accorded access has signed a Nondisclosure
Agreement in the form attached as Exhibit "A", attached hereto, certifying
that they have read this Amended Protective Order and agree to be bound
by its terms and such executed Nondisclosure Agreement has been
provided to counsel for plaintiff and defendant, or as applicable, to the
subpoenaed non-party.
g.
If any party wishes to file any Confidential Information as part of any
motion or pleading in this litigation, such party may file the Confidential
Information under seal, in redacted form as agreed to by the parties (or, as
applicable, by the subpoenaed non-party), or as otherwise agreed to by the
parties (or, as applicable, by the subpoenaed non-party).
h.
Before trial, counsel for the parties may confer regarding the appropriate
means to protect the confidentiality of the information that counsel desire
to present to the Court or at trial. If counsel cannot reach an agreement,
they may apply to the Court for resolution of the issue.
i.
There shall be no reproduction whatsoever of any confidential documents
or information, except that, as required in the course of this litigation,
copies, excerpts or summaries may be shown or given to those persons
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authorized by this Amended Protective Order to receive such documents or
information.
3.
Acceptance by a party of any information, document or thing identified as
"confidential" hereunder shall not constitute a concession that the information, document or
thing is confidential. If, subsequent to the acceptance of information or documents identified as
confidential, a party wishes to contest the other party's (or subpoenaed non-party’s) claim of
confidentiality, that party may serve an objection on the party (or subpoenaed non-party)
claiming confidentiality. Unless the party (or subpoenaed non-party) claiming confidentiality
moves this Court for such determination within 14 days of receiving the other party's objection,
the information, document or thing objected to shall be deemed not confidential. In the
resolution of any such motion, the burden of establishing the confidentiality of the information
or document shall be on the party (or subpoenaed non-party) who made the claim of
confidentiality. However, materials designated as confidential shall be treated as such pending
resolution of a timely filed motion by the Court. Nothing herein shall preclude either party from
challenging in court the confidential status of any document.
4.
In the event that a party shall desire to provide access to information or
documents identified as "confidential" hereunder to any person or category of persons not
identified above, it shall obtain an agreement from the opposing party (or, as applicable, the
subpoenaed non-party) or move this Court for an order that such a person or category of
persons may be given access to the information. In the event that the motion is granted, such
person or category of persons may have access to the information, provided that such person or
persons have agreed in writing before such access is given to be bound by the terms of this
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Protective Order, or other conditions as the Court may order.
5.
Upon final termination of this action, including all appeals, all confidential
documents and any other confidential information provided in discovery, including any copies,
excerpts, or summaries thereof that have been prepared by the parties, their counsel, and other
persons or entities retained to assist either of the parties in this litigation, shall be destroyed or
returned to disclosing counsel. No copies shall be retained by a non-disclosing party or other
individuals retained to assist them in this litigation, except counsel may retain copies in their
files and the terms of this Order shall continue to apply to such copies. Counsel shall keep an
accurate record of all copies, excerpts or summaries of Confidential Information made by
counsel and any other person retained to assist in this litigation. The language contained in this
paragraph shall not preclude counsel from retaining documents constituting attorney work
product as defined by applicable law. In the event copies of Confidential Information provided
in discovery, including any copies or excerpts or summaries thereof, contain counsel's work
product, counsel shall obliterate its work product and destroy or return such documents to
disclosing counsel in accordance with the provisions of this paragraph.
IT IS SO ORDERED.
DATED March 4, 2013.
BY THE COURT:
S/ F.A. Gossett
United States Magistrate Judge
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NONDISCLOSURE AGREEMENT
I certify that I have read the Amended Protective Order for the case of Marjorie Tramp
v. Associated Underwriters, Inc. I understand the terms of that Amended Protective Order
and I agree to be bound by its terms.
/s/John P. Weis
John P. Weis, #19618
Sodoro, Daly, Shomaker & Selde, PC, LLO
7000 Spring Street
Omaha, NE 68106
(402) 397-6200
jweis@sodorolaw.com
Attorneys for Plaintiff
/s/Craig F. Martin
Craig F. Martin, #21812
Lamson, Dugan and Murray, LLP
10306 Regency Parkway Drive
Omaha, NE 68114-3734
(402) 397-7300
cmartin@ldmlaw.com
Attorneys for Defendant
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EXHIBIT A
NONDISCLOSURE AGREEMENT
I, ______________________, certify that I have read the Amended Protective Order
entered in the case of Marjorie Tramp v. Associated Underwriters, Inc. I understand the
terms of that Amended Protective Order and I agree to be bound by its terms.
________________________________________
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