Schwartzle Construction, LLC v. Granite Re, Inc.

Filing 18

PROTECTIVE ORDER Signed by Chief Judge Karen E. Schreier on 9/27/10. (JMM)

Schwartzle Construction, LLC v. Granite Re, Inc.

Doc. 18

FILED
UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA SOUTHERN DIVISION
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.sEPT

2 7 2010

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CIY. 10-4060-KES SCHWARTZLE CONSTRUCTION, LLC, Plaintiff,
PROTECTIVE ORDER

vs. GRANITE RE, INC., Defendant.
o-o-o~o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o

; Pursuant to Rule 26(c)(l) of the Federal Rules of Civil Procedure, the Court enters the following Protective Order:
1.

Information Subject to Protective Order. Before Defendant Granite Re

produces or furnishes any information to another party, the Court, or at a deposition in connection with this matter, Defendant Granite Re may designate as "CONFIDENTIAL" any document or part thereof or any deposition testimony that it believes in good faith to contain or reflect confidential business information, including but not limited to trade secrets, proprietary infonnation, business research infonnation, or financial infonnation. 2. Designation of Confidential Discovery Material. All discovery material

designated as CONFIDENTIAL ("Confidential Discovery Material") shall be designated as such in the following manner:

Dockets.Justia.com

Civ. 10-4060 Protective Order Page 2

(a)

In the case of documents, designation shall be made by placing the legend "Confidential" on the page of any document deemed to contain Confidential Discovery Material.

(b)

In the case of responses to interrogatories or other written discovery, designation shall be made by placing a legend recited in subparagraph (a) above on any page or any response deemed to contain Confidential Discovery Material. Alternatively, responses deemed to contain Confidential Discovery Material may be bound separately and marked with the legend recited in subparagraph (a) above.

(c)

In the case of depositions, designation of any pOliion of any transcript (including exhibits) deemed to contain Confidential Discovery Material shall be made by a statement of such designation on the record during the course of the deposition, or within thiliy (30) business days after receipt of the transcript of the deposition, by letter to opposing counsel setting forth a designation ofthe confidential portion of the transcript.

3.

Distribution of Confidential Discovery Material. Confidential Discovery

Material may be used only for the purposes of the above-captioned action (including any appeals) and not for any business or other purpose whatsoever. Confidential Discovery

Civ. 10-4060 Protective Order Page 3

Material may not be given, shown, made available, or communicated in any way to anyone other than: (1) the parties to this civil action, including a corporate party's owners, directors, officers, and employees; (ii) attorneys for the parties to this civil action, including all attorneys, secretaries, paralegals, and staff of the attorneys' offices; (iii) expe11s or consultants retained by a party to this civil action or the attorneys representing a party to this civil action; (iv) authors and original recipients of the document; and (v) insurers, reinsurers, auditors, accountants, etc. to whom the parties or their attorneys have a statutory or contractual obligation to transmit infonnation or reports concerning this civil'action. Any paliy providing Confidential Discovery Material to a non-party identified in this paragraph shall first obtain a written agreement from the non-party that the non-party will abide by all terms ofthis Protective Order.
4. Submission of Confidential Discovery Material to the Court. If

Defendant Granite Re files Confidential Discovery Material with the Court, it shall file such material in a sealed envelope with the following language on the envelope: "The documents contained herein are confidential and have been filed under seal by the Court pursuant to a Protective Order." No Confidential Discovery Material so tiled under seal shall be made available to third pat1ies or the public except by further order of this Court.
5. Treatment of Confidential Discovery Material Following Litigation.

Following the final disposition of this civil action, any recipient of Confidential Discovery Material shall destroy all copies of such documents, except attorneys for the

Civ. I0-4060 Protective Order Page 4

parties may retain a copy as part of t h e i r normal file closure and document retention procedures.

6.

Challenging Confidential Designation. If any party believes Confidential

Discovery Material has been improperly designated or not designated as CONFIDENTIAL, then the parties shall meet and confer in a good faith attempt to resolve the dispute, only after which time maya motion be filed seeking the COUli's resolution of the dispute.

7.

Scope of Protective Order. Nothing herein shall be deemed to limit any

party0s rights to discovery in connection with this action, or to restrict the prosecution, defense or settlement of this litigation. ..· This Protective Order may be modified by the COlirt for good cause. Dated this ~7 day of September, 2010.

BY THE COURT:

~ E. SCHREIER
CHIEF JUDGE

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By_--I_----'----

, Deputy