Dodds, et al v. Continental General Insurance Company, et al

Filing 35

ORDER granting 34 Motion for Protective Order Ordered by Magistrate Judge Cheryl R. Zwart. (Zwart, Cheryl)

IN THE UNITED STATES DISTRICT COUR
FOR THE DISTRICT OF NEBRASKA

RANDY DODDS d/b/a BUSINESS
ANALYSIS, LTD.,
Case No. 8:13-CV-383
Plaintiffs,
v.

PROTECTIVE ORDER

CONTINENTAL GENERAL INSURANCE
COMPANY; GREAT AMERICAN FINANCIAL
RESOURCES, INCORPORATED; GREAT
AMERICAN LIFE INSURANCE COMPANY;
and AMERICAN FINANCIAL GROUP,
Defendants.

1.

APPLICATION.

This Protective order limits the use or disclosure of

documents, deposition testimony, or other discovery designated as "Confidential" and it
applies to:

(a) documents, deposition testimony and electronic data designated to be

subject to this Protective Order as set forth below; (b) information, copies, extracts, and
complete or partial summaries of documents, deposition testimony and electronic data so
designated; (c) answers to interrogatories, responses to requests for admissions,
responses to requests for production, and initial disclosures (and exhibits to any of these
materials) which are designated by any party as "Confidential" under this order; and (d)
portions of briefs, affidavits, memoranda, or any other writing filed with the Court (and
exhibits thereto) which include any materials or information identified in (a), (b), or (c) of
this paragraph.
2.

CONFIDENTIAL DOCUMENTS. A party producing documents or electronic

data in discovery may stamp as "Confidential" or so designate by written notice with

reference to the applicable Bates numbers, any document, disc or other media which it
believes contains confidential or proprietary personal or business information and/or trade
secrets. A party which has produced documents prior to the entry of this Order may,
within ten days of the entry of this Order, inform the party to whom documents were
produced that certain documents (identified by Bates numbers) already produced are
designated as "Confidential."

Further dissemination and disclosure of documents

designated as "Confidential" and the information in documents so designated shall be
limited as set forth in this Protective Order.
3.

DEPOSITION TRANSCRIPTS. Any party may designate as "Confidential"

any portion of deposition testimony which it believes contains confidential or proprietary
business information and/or trade secrets. The party shall so designate the portions of the
deposition transcript either at the time of the deposition or within thirty (30) days following
that party's counsel's receipt of the transcript of the deposition from the reporter. Each
reporter participating in any such deposition shall be informed about and provided with a
copy of this Protective order and shall agree to be bound by its terms. Each such reporter
shall designate the portions of deposition transcripts designated as "Confidential" with the
legend "Confidential-Designated by Counsel."
4.

EFFECT OF CONFIDENTIAL DESIGNATION.

Documents or electronic

data designated "Confidential" and deposition testimony so designated will be retained by
counsel and will not be used by counsel or by any party for any purpose other than this
litigation, and will not be disclosed except pursuant to court order entered after notice, to
anyone except:
a.

Counsel who have signed this Order approving it as to form and
content, attorneys who are affiliated with the law firms of counsel who

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have signed this Order, retained outside counsel, in-house counsel,
law clerks, secretaries or paralegals directly involved in the conduct of
this litigation;
b.

Individual parties and officers, directors, employees and agents of
corporate parties;

c.

Experts and consultants retained by either of the parties for purposes
of assisting in the preparation or presentation of claims or defenses;

d.

Any deposition or trial witness, during the course of deposition or trial
testimony, when necessary to the testimony of such witness;

e.

Any person who was involved in the preparation of the document;

f.

The parties' insurers, reinsurers, ceding companies, and their
affiliates;

g.

Court, court personnel, court reporters and similar personnel.

Prior to receiving or being shown such documents or deposition testimony, persons falling
in the categories listed above in subparagraphs (c) and (d) shall be shown a copy of, and
shall agree in writing, or on the record during trial or deposition, to be bound by the terms
of this Protective Order. Any party asserting confidentiality of any of its documents during
a deposition shall ask the deponent on the record to agree to the terms of this Protective
order.

If the deponent refuses to agree, the documents may still be disclosed during

deposition and that disclosure shall not constitute a waiver of confidentiality protections
provided by this Protective Order. A witness who does not agree to be bound by the terms
of this Protective order shall sign the original deposition transcript in the presence of the
court reporter and shall not be permitted to obtain a copy of the transcript or exhibits of the
deposition.
5.

NON-PARTY WITNESSES.

A copy of this Protective order shall be

served with every subpoena or Notice of Deposition served upon non-party deponents.

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A non-party witness may designate any document it believes contains confidential or
proprietary business information and/or trade secrets as "Confidential" pursuant to this
Protective Order by stamping it with such designation prior to production.
6.

CHALLENGE TO DESIGNATION.

Any party may challenge the

"Confidential" designation of any document or other discovery material subject to this
Protective order by notifying all parties of the fact that it is challenging the designation
and providing the designating party not less than ten (10) days' notice before moving for
an order compelling disclosure.

The parties shall attempt to resolve such

disagreements before submitting them to the Court. Once challenged, the burden to
establish confidentiality shall be on the designating party.
7.

FILING DOCUMENTS CONTAINING CONFIDENTIAL INFORMATION.

Any party filing a document with the Court that contains information or materials that
have been deemed "Confidential" shall file that document with restricted status such
that access is limited to counsel of record and the court, or under seal, in accordance
with the rules and procedures provided for under local practice.
8.

RETURN OF DOCUMENTS. After this litigation (including all appeals) is

finally resolved, the parties shall destroy or return to the producing party all documents
and/or other materials containing information deemed "Confidential" that were obtained
during the course of pretrial discovery or at trial, including all copies of such documents.
The party destroying or returning the documents shall provide to counsel for the
producing party a certification attesting to such disposition. This Protective Order shall
remain in full force and effect after the final resolution of this litigation.

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9.

USE OF DOCUMENTS BY PRODUCING PARTIES.

Nothing in this

Protective Order shall limit any party or person in its use of its own documents, or from
disclosing its own documents and information, or from any use of documents or other
discovery not designated as "Confidential".
10.

EFFECT OF PRODUCTION. Neither the designation of any documents

as "Confidential" pursuant to this Protective Order nor the production of such documents
in discovery shall be deemed a waiver of any objection to the admissibility of such
documents or their contents at trial.
11.

EXCEPTIONS.

This Protective Order shall be binding on any party to

whom any material designated as "Confidential" is disclosed absent a showing that the
material has become public knowledge without a breach of this Protective Order.
12.

APPLICATION TO COURT. Any interested party may apply for a court

order seeking any additional disclosure or modifying or limiting this Order in any
respect.
13.

WAIVER. A party's waiver of any rights under this Protective Order must

be made in writing or, if at a deposition or in Court, on the record.

A waiver not

expressly made general shall be deemed limited to the narrow purpose of the
circumstances involved and shall not otherwise waive any of the rights provided by this
Protective Order.
14.

NON-EXCLUSIVITY.

All ethical,

legal, and equitable rights and

obligations not addressed in this Protective Order remain in force.

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7th
SO ORDERED this __ day of January, 2015.
BY THE COURT:

Cheryl R. Zwart
United States Magistrate Judge
Approved as to form and content:
RANDY DODDS d/b/a BUSINESS ANALYSIS,
LTD.,
Plaintiff.
By: ls/Stephen D. Marso
Stephen D. Marso (#23289)
of: WHITFIELD & EDDY, P.L.C.
317 5th Ave, Suite 1200
Des Moines, IA 50309
Phone: [phone]
E-mail: [e-mail]
and
CONTINENTAL GENERAL INSURANCE
COMPANY, GREAT AMERICAN FINANCIAL
RESOURCES, INC., GREAT AMERICAN LIFE
INSURANCE COMPANY, and AMERICAN
FINANCIAL GROUP, INC. Defendants,

By: ls/Steven D. Davidson
Steven D. Davidson, #18684
BAIRD HOLM LLP
of
1700 Farnam Street
Suite1500
Omaha, NE 68102-2068
Phone: [phone]
E-mail: [e-mail]

DOCS/1357748.1

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