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Byorth v. USAA Casualty Insurance Co.

United States District Court, D. Montana

November 23, 2015

PETER BYORTH and ANN McKEAN, on behalf of themselves and all those similarly situated, Plaintiffs,
v.
USAA CASUALTY INSURANCE COMPANY and JOHN DOES I-X, Defendants. Montana Thirteenth Judicial District Court Yellowstone County

          Jessica G. Scott (MT Bar No. 12048) WHEELER TRIGG O'DONNELL LLP

          Ian Mcintosh Kelsey E. Bunkers CROWLEY FLECK, PLLP Attorneys for Defendant, U.S. A A Casualty Insurance Company

          John Heenan, Colette B. Davies Attorney for Plaintiffs Peter Byorth Ann McKean

          STIPULATED PROTECTIVE ORDER CONCERNING CONFIDENTIAL INFORMATION

          Gregory R. Todd Judge

         To expedite the flow of discovery material, to facilitate the prompt resolution of discovery disputes, and to protect the confidentiality of documents produced or information disclosed, the production of which could harm a party's competitive standing, Plaintiffs Peter Byorth and Ann McKean (collectively "Plaintiffs") and Defendant USAA Casualty Insurance Company ("USAA CIC") stipulate as follows:

         The parties will follow the procedures set forth in this Stipulated Protective Order with respect to disclosure of information, documents, or things in this litigation:

         A. Confidential Information

         As used in this Stipulated Protective Order, "CONFIDENTIAL" or "CONFIDENTIAL INFORMATION" shall mean any information, document, or thing that a party (the "Designating Party") furnishes in the course of this litigation and in good faith designates as CONFIDENTIAL INFORMATION pursuant to Paragraphs A. 1-4 below.

         1. A party may designate its answers to interrogatories, responses to requests for admissions, any documents produced in response to a request for production of documents, subpoena duces tecum, or otherwise, or any other information provided by it as CONFIDENTIAL INFORMATION by stamping the word "CONFIDENTIAL" on each page of the document, taking care to avoid obscuring any text, before providing it to the opposing party. Information marked CONFIDENTIAL shall not be utilized or disclosed by a receiving party (the "Receiving Party"), its attorneys, its agents, or its employees, except in accordance with the terms of this Stipulated Protective Order.

         2. In the case of CONFIDENTIAL INFORMATION in a non-paper medium (e.g., video or audio tape, computer discs, CD-ROMs, DVDs, etc.), a party may designate all information therein as CONFIDENTIAL by affixing a legend stating the same to the outside of the medium or container.

         3. To designate a portion of a deposition transcript as CONFIDENTIAL, a Designating Party may either make a statement on the record to that effect or, within 20 business days after the deposition transcript is delivered to the Designating Party, provide to all counsel written notice identifying the specific pages of the deposition transcript that counsel for the Designating Party in good faith believes to contain CONFIDENTIAL INFORMATION. All deposition transcripts shall be treated as CONFIDENTIAL INFORMATION until the expiration of the 20-day period. The portions so designated shall not be utilized or disclosed by the other party, its agents, or its employees, except in accordance with the terms of this Stipulated Protective Order. All parties shall mark their copies of the transcript by stamping the word "CONFIDENTIAL" on every page so designated.

         4. Documents, testimony, evidence, and other matters may be deemed CONFIDENTIAL INFORMATION if the substance of the documents, testimony, evidence, or matter constitutes a trade secret or other confidential research, development, or commercial information, as defined by Montana Rule of Civil Procedure 26(c)(1)(G); or confidential medical or financial information of an individual.

         5. Documents, testimony, evidence, and other matters shall not be deemed CONFIDENTIAL INFORMATION if the substance of the documents, testimony, evidence, or matter:

a. is, at the time of disclosure by the Designating Party, already in the possession of the Receiving Party, was not acquired from the Designating Party, and has previously been released or produced by the Designating Party without a "Confidential" designation; or
b. has been made available to the Receiving Party, other than through the discovery process, by a third-party who obtained the same by legal means without any obligation of confidence to the Designating Party.

         B. Disclosure and Use of Confidential Information 1. CONFIDENTIAL INFORMATION shall not be disclosed to any persons other than:

a. the attorneys for the Receiving Party in this litigation and paralegal and clerical staff (whether employees or independent contractors) ...

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