Travelex Insurance Services, Inc. v. Barty
Filing
39
AMENDED PROTECTIVE ORDER - that the Plaintiff's Motion and Protective Order 15 should be granted. Ordered by Magistrate Judge Susan M. Bazis. (KMM)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
TRAVELEX INSURANCE SERVICES, )
INC., a Delaware Corporation
)
)
)
Plaintiff,
)
)
v.
)
)
LYNN BARTY,
)
)
Defendant.
)
CASE NO. 8:17-CV-00295
AMENDED PROTECTIVE ORDER
A proposed amended protective order was submitted to the Court for review.
Having considered the matter,
IT IS HEREBY ORDERED that an amended protective order is entered as
follows:
1.
Nondisclosure of Confidential Documents
(a)
Except with prior written consent of the party designating a document to
be protected from disclosure, no document designated as CONFIDENTIAL may be
disclosed to any person or entity. A party who produces material may designate it as
CONFIDENTIAL only when the party in good faith believes it contains proprietary
information or trade secrets, privileged information, or nonpublic technical, financial,
personal or business information. A document designated as CONFIDENTIAL means
any document which bears the legend "CONFIDENTIAL."
(b)
The parties and Arch may further restrict such designations for
proprietary/trade secret information as "CONFIDENTIAL FOR ATTORNEY EYES
ONLY" in which case only the attorneys for the parties or Arch Insurance Group Inc. and
its affiliate Arch Insurance Company ("Arch") may have copies of the documents and
may not provide copies to their clients or any third party except upon order of the Court
or written permission of the producing party.
All documents designated as
CONFIDENTIAL by Plaintiff under the previous Protective Order (Doc. No. 25) dated
March 16, 2018 shall be considered designated as “CONFIDENTIAL FOR ATTORNEY
EYES ONLY” with respect to Arch. Furthermore, a designation as “CONFIDENTIAL
FOR ATTORNEY EYES ONLY” shall not apply to the customers identified by Defendant
pursuant to the Court’s Order dated May 8, 2018 (Doc. No. 36).
(c)
A party receiving from another party any document that has been
designated as CONFIDENTIAL may object in writing to the designation and must state
the reasons for such objection with respect to each item. The parties shall then meet
and confer in good faith regarding the designation. If the parties are unable to come to
an agreement regarding the designation, the party challenging the designation shall be
obligated to file a motion with the Court challenging such designation.
(d)
This Amended Protective Order shall be without prejudice to the right of
any party to: bring before the Court at any time the question of whether any information
or documents are confidential; object to the production of any information or documents
it reasonably considers not subject to discovery or object to their use at trial; and/or
apply to or move the Court for an order compelling production of information or
documents or modifying this Order.
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2.
Permissible Disclosures of Stamped Confidential Documents
Notwithstanding paragraph 1, documents designated as CONFIDENTIAL may be
disclosed to:
(a)
the parties and their legal counsel in these proceedings;
(b)
partners, associates, secretaries, paralegal assistants, and employees of
such counsel to the extent reasonably necessary to render professional services in the
litigation;
(c)
persons with prior knowledge of the documents designated as
CONFIDENTIAL and confidential information contained therein;
(d)
experts who will be providing professional opinions based upon a review
of the CONFIDENTIAL information;
(e)
court officials involved in this litigation, including court reporters;
(f)
Arch and its counsel; and.
(g)
any person designated by the Court in the interest of justice, upon such
terms as the Court may deem proper.
3.
Securing Confidential Documents and Information
Counsel for the parties must keep all documents designated as CONFIDENTIAL
which are received under this Order in a secure area.
Prior to receiving any
CONFIDENTIAL information, any Plaintiff or person identified in Paragraph 2(d) or 2(t)
shall be provided with a copy of this Order and agree to be bound by its terms, and shall
certify such agreement by signing a document of the form set forth as Exhibit "A" to this
Order. Such persons provided CONFIDENTIAL information shall not duplicate or make
copies and shall return all CONFIDENTIAL information to Counsel upon termination of
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this litigation. Counsel making disclosure to any person described herein shall retain
the original executed copy of the certificate until final resolution of this litigation.
4.
Confidential Documents and Information in Depositions
(a)
A deponent may during a deposition be shown and examined about
documents designated as CONFIDENTIAL or confidential information contained therein
only if the deponent is one of the persons or entities designated in paragraph 2 or if the
provisions of paragraph 2 are complied with.
Deponents shall not retain or copy
portions of the transcript of their depositions that contain confidential information not
provided by them or the entities they represent. A deponent who is not a party or a
representative of a party shall be furnished a copy of this Order before being examined
or asked to produce documents potentially subject to this Order.
(b)
Parties (and deponents) may, within 30 days after receiving a deposition
transcript, designate pages of the transcript (and exhibits thereto) as CONFIDENTIAL
by underlining the portions of the pages that are confidential and marking such pages
with the following legend: CONFIDENTIAL-SUBJECT TO PROTECTIVE ORDER. Until
the expiration of the 30-day period, the entire deposition will be treated as
CONFIDENTIAL pursuant to this Order.
If no party or deponent timely designates
information or testimony in a deposition as CONFIDENTIAL, then none of the transcript
or its exhibits will be treated as material protected by this Order.
5.
Filing
If information or documents designated as Confidential are included in any
pleading or other document to be filed with the Court, they shall be labeled
"CONFIDENTIAL" and filed or otherwise submitted in accordance with the Court's rules.
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Any party claiming confidentiality with respect to the information or documents may file
a motion to seal the records.
6.
Inadvertent Disclosure
(a)
If a party, through inadvertence, produces any information or documents
without labeling or marking or otherwise designating it as CONFIDENTIAL in
accordance with the provisions of this Order, the producing party may give written
notice to the receiving party that the document or thing produced is deemed confidential
and should be treated as such in accordance with the provisions of this Order. The
receiving party must treat such documents and things as confidential from the date such
notice is received.
Disclosure, prior to the receipt of such notice, to persons not
authorized to receive confidential info1mation shall not be deemed by a violation of this
Order.
(b)
If a party, through inadvertence, produces any document or information
that it believes is immune from discovery pursuant to an attorney/client privilege or the
work product privilege, such production shall not be deemed a waiver of any privilege,
and the producing party may give written notice to the receiving party that the document
or information produced is deemed privileged and that return of the document or
information is requested. Upon receipt of such written notice, the receiving party shall
immediately gather the original and all copies of the document or information of which
the receiving party is aware and shall immediately return the original and all such copies
to the producing party.
The return of the document(s) and/or information to the
producing party shall not preclude the receiving party from later moving to the Court to
compel production of the returned documents and/or information.
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7.
Use
(a)
Persons or entities obtaining access to documents designated as
CONFIDENTIAL and confidential information contained therein under this Order shall
use the information only for preparation and trial of this litigation (including appeals and
retrial), and shall not use such information for any other purpose, including business,
governmental, commercial, administrative, or judicial proceedings.
(b)
If another court, administrative agency, tribunal, person, or entity
subpoenas or orders production of information or documents designated as
CONFIDENTIAL that a party has obtained pursuant to this Order, that party shall
promptly notify the producing party of the subpoena or production order. Such notice
must be provided in sufficient time to give the producing party, if possible, the
opportunity to participate in quashing, modifying, or otherwise responding to any
compulsory process in an appropriate and timely manner.
Upon the filing by the
producing party of a motion to quash or for protective order, the subpoenaed party shall
withhold production of documents during the pendency of the motion, unless required
by law (or court order) not to withhold production.
8.
Non-Termination
The provisions of this Order shall survive the termination of this action and
continue in full force and effect until further order of this Court. Within 60 days after final
conclusion of all aspects of this litigation, documents designated as CONFIDENTIAL or
documents containing confidential information, and all copies of same, shall be returned
upon written request to the party or person that produced such documents, or, at the
option of the producer, destroyed.
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9.
Modification
Nothing in this Order shall prevent any party or other person from seeking
modification of this Order or from objecting to discovery that it believes to be otherwise
improper.
10.
Matters of Public Record
This Order shall not apply to any document or materials obtained by counsel
which that counsel can demonstrate:
(a)
were already a matter of public record before its receipt by discovery; or
(b)
became a matter of public record after discovery without fault, negligence
or a violation of this Protective Order.
PROTECTIVE ORDER
In accordance with the foregoing Protective Order, any information or documents
designated as CONFIDENTIAL shall be subject to the provisions of this Order.
Dated May 23, 2018.
BY THE COURT:
S/ Susan M. Bazis
United States Magistrate Judge
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