Brown, Bruce et al v. Cargill, Incorporated et al

Filing 11

Protective Order. Signed by Magistrate Judge Stephen L. Crocker on 8/22/2017. (kwf)

UNITED STATED DISTRJCT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

BRUCE B. BROWN
Plaintiff,

CaseNo.17-CV-268

and
GREAT WEST CASUALTY CO.,
Involuntary Plaintiff,
vs.
CARGILL, INC., CARGILL, INC. d/b/a
NUTRENA MILLS, INC., ABC
INSURANCECOMPANY,XYZ
CORPORATION, and DEF INSURANCE
COMPANY,
Defendants.

JOINT STIPULATION

IT CS HEREBY STrPULATED by and between Plaintiff Bruce Brown ("Plaintiff'), Great
West Casualty Company ("Involuntary Plaintiff'), and Defendants, Cargill, Incorporated, and
Cargill , Incorporated d/b/a Nutrena Mills, Inc. ("Defendants," and with Plaintiff and Involuntary
Plaintiff sometimes hereinafter referred to collectively as the "parties"), through their respective
attorneys of record , as follows:
WHEREAS, documents and information have been and may be sought, produced or
exhibited by and among the parties to this action falls within one or more of the following
categories: (a) information prohibited from disclosure by statute; (b) information that reveals trade
secrets; (c) research, technical, commercial or financial information that the Party has maintained as
confidential; (d) medical information concerning any individual ; (e) personal identity information;

(f) income tax returns (including attached schedules and forms), W-2 forms and 1099 forms; or (g)

M[L-28744456- 1

other information that is generally unknown to the public or not readily obtainable from outside
sources. Information or documents that are available to the public may not be designated as
Confidential.
THEREFORE, an Order of thjs Court protecting such confidential information shall be and
hereby is made by this Court on the following terms:
l.

This Order shall govern the use, handling, and disclosure ofall documents, testimony,

or information produced or given in this action which are designated to be subject to this Order in
accordance with the terms hereof.
2.

Any party or non-party producing or filing documents or other materials in this action

may designate such materials and the information contained therein subject to this Order by typing
or stamping on the front of the document, or on the portion(s) of the document for which
confidential treatment is designated, "Confidential."
3.

If a producing party believes in good faith that, despite the provisions of this

Protective Order, there is a substantial risk of identifiable harm if particular documents it designates
as "Confidential" are disclosed to all other parties or non-parties to this action, the Producing Party
may designate those Particular documents as "Confidential-Attorneys' Eyes Only."
4.

To the extent any motions, briefs, pleadings, deposition transcripts, or other papers to

be filed with the Court incorporate documents or information subject to this Order, the party filing
such papers shal I designate such materials, or portions thereof, as "Confidential 'or "ConfidentialAttorneys' Eyes Only," and shall file them with the clerk under seal; provided, however, that a copy
of such filing having the confidential information deleted therefrom may be made part of the public
record.
5.

All documents, transcripts, or other materials subject to this Order, and all

information derived therefrom (including, but not limited to, all testimony, deposition or otherwise,
that refers, reflects, or otherwise discusses any information designated "Confidential" hereunder),
shall not be used, directly or indirectly, by any person, including the other Defendant, for any
business, commercial or competitive purposes or for any purpose whatsoever other than solely for
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MI L-287444 56-1

the preparation and trial of this action in accordance with the provisions of this Order.
6.

Except with the prior written consent of the individual or entity designating a

document or portions of a document as "Confidential ," or pursuant to prior Order after notice, any
document, transcript, or pleading given "Confidential" treatment under this Order, and any
information contained in, or derived from any such materials (including but not limited to, all
deposition testimony that refers, reflects, or otherwise discusses any information designated
"Confidential" hereunder) may not be disclosed other than in accordance with this Order and may
not be disclosed to any person other than: (a) the Court and its officers; (b) parties to this litigation;
(c) counsel for the parties, whether retained counsel or in-house counsel and employees of counsel
assigned to assist such counsel in the preparation of this litigation; (d) fact witnesses subject to a
proffer to the Court or a stipulation of the parties that such witnesses need to know such information;
(e) present or former employees of the Producing Party in connection with their depositions in this
action (provided that no former employee shall be shown documents prepared after the date of his or
her departure); and (f) experts specifically retained as consultants or expert witnesses in connection
with this litigation.
7.

Except with the prior written consent of the individual or entity designating a

document or portions of a document as "Confidential-Attorneys' Eyes Only," or pursuant to prior
Order after notice, any document, transcript, or pleading given "Confidential-Attorneys' Eyes
Only" treatment under this Order, and any information contained in, or derived from any such
materials (including but not limited to, all deposition testimony that refers, reflects, or otherwise
discusses any information designated "Confidential-Attorneys' Eyes Only" hereunder) may not be
disclosed other than in accordance with this Order and may not be disclosed to any person other
than: (a) the Receiving Party' s Outside Counsel ofrecord in this action, as well as employees of said
Counsel to whom it is reasonably necessary to disclose the information for this litigation and who
have signed the "Declaration of Compliance" that is attached hereto as Exhibit A; (b) experts
specifically retained as consultants or expert witnesses in connection with this litigation who have
signed the "Declaration of Compliance" (Exhibit A); (c) the Court and its personnel; (d) court
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MlL-28744456- 1

reporters, their staffs, and professional vendors to whom disclosure is reasonably necessary for this
litigation and who have signed the " Declaration of Compliance" (Exhibit A); and (e) the author of
the document or the original source of the information.
8.

Documents produced pursuant to this Order shall not be made available to any person

designated in Subparagraph 6(f) or 7(b) unless he or she shall have first read this Order, agreed to be
bound by its terms, and signed the attached Declaration of Compliance.
9.

All persons receiving any or all documents produced pursuant to this Order shall be

advised of their confidential nature. All persons to whom confidential information and/or documents
are disclosed are hereby enjoined from disclosing same to any person except as provided herein, and
are further enjoined from using same except in the preparation for and trial of the above-captioned
action between the named parties thereto. No person receiving or reviewing such confidential
documents, information, or transcripts shall disseminate or disclose them to any person other than
those described above in Paragraph 6 and Paragraph 7 and for the purposes specified, and in no
event shall such person make any other use of such document or transcript.
10.

Nothing in this Order shall prevent a party from using at trial any information or

materials designated "Confidential" or "Confidential-Attorneys' Eyes Only."
11.

This Order has been agreed to by the parties to facilitate discovery and the production

of relevant evidence in this action. Neither the entry of this Order, nor the designation of any
information, document, or the like as "Confidential" or "Confidential- Attorneys ' Eyes Only," nor
the failure to make such designation, shall constitute evidence with respect to any issue in tnis
action.
12.

Within sixty (60) days after the final termination of this litigation, all documents,

transcripts, or other materials afforded confidential treatment pursuant to this Order, including any
extracts, summaries, or compilations taken therefrom, but excluding any materials which in the good
faith judgment of counsel are work product materials, shall be returned to the individual or entity
having produced or furnished same.

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MIL-28744456- 1

13.

In the event that any party to this litigation disagrees at any point in these proceedings

with any designation made under this Protective Order, the parties shall first try to resolve such
dispute in good faith on an informal basis. If the dispute cannot be resolved, the party objecting to
the designation may seek appropriate relief from this Court. The party who designated the document
or information as "Confidential" or "Confidential-Attorneys' Eyes Only" bears the burden of
showing that the information should be treated in accordance with the classification it was given.
During the pendency of any challenge to the designation of a document or information, the
designated document or information shall continue to be treated as "Confidential" or
"Confidential- Attorneys ' Eyes Only" subject to the provisions of this Protective Order.
14.

Nothing herein shall affect or restrict the rights of any party with respect to its own

documents or to the information obtained or developed independently of documents, transcripts, and
materials afforded confidential treatment pursuant to this Order.
15.

The Court retains the right to allow disclosure of any subject covered by this

stipulation or to modify this stipulation at any time in the interest of justice.
Dated this 2] 51 day of August, 2017.
AGREED BY:

Plaintiff, Bruce Brown

Defendants, Cargill, Incorporated, and Cargill,
Incorporated d/b/a Nutrena Mills, Inc. :

By: s/ Anthony J. Skemp
Anthony J. Skemp
Martin Law Office, S.C.
7280 S. 13 th St., Ste. 102
Oak Creek, WI 53154
Phone: [phone] (main)
Email: [e-mail]

By: s/ David B. Carr
David B. Carr
HUSCH BLACKWELL
555 East Wells Street Suite 1900
Milwaukee, Wisconsin 53202-3819
Phone: [phone]
Email: [e-mail]

Counsel for Plaintiff

Counsel for Defendants

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M IL-28744456-1

Involuntary Plaintiff, Great West Casualty Co.

By: s/ Eric J. Goelz
Eric J. Goelz
Matthiesen, Wickert & Lehrer, S.C.
1111 E. Sumner Street
P.O. Box 270670
Hartford, WI 53027
Phone: [phone]
Email: [e-mail]
Counsel for involuntary Plaintiff

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MIL-28744456-1

UNITED STATED DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

BRUCE B. BROWN
Plaintiff,

Case No. 17-CV-268

and
GREAT WEST CASUALTY CO.,
Involuntary Plaintiff,
vs.
CARGILL, INC., CARGILL, INC. d/b/a
NUTRENA MILLS, INC., ABC
INSURANCECOMPANY,XYZ
CORPORATION, and DEF INSURANCE
COMPANY,
Defendants.

EXHIBIT A
DECLARATION OF COMPLIANCE

I, - - - - - - - - - - - - - - -, declare as follows:
l.

My address i s - - - - - - - - - - - - - - - - - - - -

2.

My present employer i s - - - - - - - - - - - - - - - - -

3.

My present occupation or job description is _ _ _ _ _ _ _ _ __

4

I have received a copy of the Stipulated Protective Order entered in this action on

_ _ _ _ _,20_
5.

I have carefully read and understand the provisions of this Stipulated Protective

6.

I will comply with all provisions of this Stipulated Protective Order.

Order.

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MlL-28744456-1

7.

I will hold in confidence, and will not disclose to anyone not qualified under the

Stipulated Protective Order, any information, documents, or other materials produced subject to
this Stipulated Protective Order.
8.

I will use such information, documents, or other materials produced subject to this

Stipulated Protective Order only for purposes of this present action.
9.

Upon termination of this action, or upon request, I will return and deliver all

information, documents, or other materials produced subject to this Stipulated Protective Order,
and all documents or things which I have prepared relating thereto, which documents are the
subject of the Stipulated Protective Order, to my counsel in this action, or to counsel for the party
by whom I am employed or retained or from whom I received the documents.
I 0.

I hereby submit to the jurisdiction of this Court for the purposes of enforcing the

Stipulated Protective Order in this Action.

I declare under penalty of perjury under the laws of the United States that the following is
true and correct.
Executed this _ _ day of _ _ _ _ _~ 201

QUALIFIED PERSON

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MIL-28744456-1

UNITED STATED DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

BRUCE B. BROWN
Plaintiff,

Case No. 17-CV-268

and
GREAT WEST CASUALTY CO.,
Involuntary Plaintiff,
vs.
CARGILL, INC., CARGILL, INC. d/b/a
NUTRENA MILLS, INC., ABC
INSURANCECOMPANY, XYZ
CORPORATION, and DEF INSURANCE
COMPANY,
Defendants.

ORDER

IT HEREBY ORDERED, pursuant to the foregoing Stipulation that the Protective Order
is GRANTED.

J,_

Dated this

21

day ofAv~111, 2017

The Honorable Stephen L. Crocker