MMW Partners, LLC v. Western Agricultural Insurance Company

Filing 27

PROTECTIVE ORDER - Pursuant to the Order entered in this case (Filing No. 26 ), a protective order is entered. Ordered by Magistrate Judge Susan M. Bazis. (KLF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

MMW PARTNERS, LLC,
Plaintiff,
vs.
WESTERN AGRICULTURAL
INSURANCE COMPANY D/B/A
FARM BUREAU PROPERTY &
CASUALTY INSURANCE COMPANY,
Defendant.

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Case No.: 8:17-CV-159

PROTECTIVE ORDER

Pursuant to the Order entered in this case (Filing No. 26), a protective order is entered as
follows:
1.

Defendant anticipates that documents or information may be requested in this
matter which contains or consists of valuable trade secrets and other proprietary
or personal information (hereafter “Confidential Information”). Any documents
produced or information provided by Defendant pursuant to or in response to any
discovery request may be designated by Defendant as “confidential” in the
following manners:
a. By physically imprinting the words “8:17-CV-159: CONFIDENTIAL AND
SUBJECT TO PROTECTIVE ORDER” by Bates stamp or watermark on every
page of any document produced.
b. By physically electronically imprinting the words “8:17-CV-159:
CONFIDENTIAL AND SUBJECT TO PROTECTIVE ORDER” by Bates stamp
or watermark on every page of any document produced.
c. By imprinting the words “8:17-CV-159: CONFIDENTIAL AND SUBJECT TO
PROTECTIVE ORDER” next to or above any Answer to any Interrogatory or
any other written discovery response.
d. 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 label them as “CONFIDENTIAL AND SUBJECT TO
PROTECTIVE ORDER.”
e. Such portions of any deposition transcript that are to be designated as
confidential, shall but designated as such on the record when possible, but a party

may also designate portions of the deposition within thirty (30) days after the
date of final transcription.
2.

All documents and information provided by Defendant in response to a discovery
request or deposition testimony designated as “confidential” shall be subject to
the following restrictions:
a. Such documents or information shall be used only for the purpose of the
litigation in this matter and not for any business or other purposes.
b. Such documents or information shall not be communicated or disclosed in any
manner, either directly or indirectly, to anyone other than:
i. The attorneys of record and persons employed by them, including court
reporters and/or vendors the attorneys utilize for litigation support;
ii. Outside experts who have, prior to disclosure, agreed to be bound by the
terms of this Protective Order;
iii. Plaintiff or Defendant and their officers, employees, or agents, including
insurers, who need to be informed for purposes of this litigation;
iv. The Court and Court personnel; and
v. Such other persons as the Court may specifically approve after notice and
hearing.
c. That all information designated as “confidential” in whatever format shall be
furnished only under the terms of this Protective Order and shall be treated by all
persons accorded access pursuant to this 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 Protective Order or
subsequent Order of the Court.
d. No Confidential Information shall be further disclosed to anyone except those
categories of persons provided herein who have signed a Nondisclosure
Agreement in the form attached hereto and to whom disclosure is necessary for
the purposes associated with this lawsuit. The parties’ 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 Protective Order.
e. Individuals authorized to review Confidential Information pursuant to this
Protective Order shall hold such information in the strictest confidence and shall
not divulge the information, either verbally or in writing, to any other person,
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entity, or government agency unless authorized by Defendant or Order of the
Court.
f. Individuals authorized to review Confidential Information pursuant to this
Protective Order shall also maintain any Confidential Information in a secure
area and exercise due care with respect to storage, security, custody, and use of
the information.
g. Before trial, counsel for the parties shall agree to the appropriate means to
protect the confidentiality of the information that counsel desire to present at
trial. If counsel cannot reach an agreement, they shall apply to the Court for
resolution of the issue.
h. There shall be no reproductions 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 authorized by this Protective
Order to receive such documents or information.
i. All Confidential Information filed with the Court shall be filed and maintained
under seal until further Order of the Court. The filing party shall include a notice
to the Court and other parties that the document filed contains “Confidential” or
“Protected Material” subject to the provisions of this Order.
3.

Pursuant to Federal Rule of Evidence 502(d), if any information is disclosed or
produced, whether inadvertently or otherwise, which is protected by attorneyclient privilege, work product doctrine, or any other protection or immunity from
discovery in this, or any subsequent state or Federal proceeding, such disclosure
or production shall not be deemed to be a waiver of the protected status. If any
party becomes aware of the production or disclosure of such protected
information by Auto Owners Insurance, that party shall provide written notice of
such production or disclosure within three (3) days after it becomes aware that
protected information has been disclosed or produced.

4.

Upon final termination of this action, including all appeals, all confidential
documents and any other confidential information which was provided in
discovery, including any copies; excerpts; or summaries, except items which
constitute attorney work product (as defined by applicable law; that have been
prepared from or have utilized such information by a party, its counsel, or other
persons or entities retained to assist such party in this litigation, shall be returned
to the producing party or destroyed by counsel within thirty (30) days of the
conclusion of the case. If the parties elect destruction, the destroying party shall
provide an affidavit confirming destruction.

5.

Upon final termination of this action, including all appeals, the obligations of the
parties delineated in this Protective Order shall survive and continue to bind the

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parties and their counsel and the Court shall have continuing jurisdiction to
enforce this Protective Order.
IT IS SO ORDERED.
DATED November 27, 2017.

BY THE COURT:
s/ Susan M. Bazis
United States Magistrate Judge

NON-DISCLOSURE AGREEMENT
I, ________________________________, certify that I have read the Protective Order
entered in the case of MMW PARTNERS, LLC v. WESTERN AGRICULTURAL INSURANCE
COMPANY Case 8:17-CV-159, which is pending in the United States District Court for the
District of Nebraska. I understand the terms of that Protective Order and I agree to be bound by
its terms.

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