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Tolliver-McGregor v. Health Care Service Corporation

United States District Court, D. Montana, Butte Division

March 3, 2017

WENDY TOLLIVER-MCGREGOR, Plaintiff,
v.
HEALTH CARE SERVICE CORPORATION, an Illinois Mutual Legal Reserve Company d/b/a BLUE CROSS AND BLUE SHIELD OF MONTANA, Defendant.

          AGREED PROTECTIVE ORDER

          Sam E. Haddon, United States District Judge

         WHEREFORE, the parties having agreed to entry of the following Protective Order, and good cause appearing, IT IS HEREBY ORDERED that the following Protective Order (the "Order") shall be in effect and govern the designation and handling of documents and information designated as confidential by a party in this case:

         ORDER

         By and through their counsel of record, the parties hereby agree as follows:

         1. Certain documents (and related information, materials, documents, and/or records) produced in the course of this action (the "Litigation") may contain sensitive, confidential, proprietary, or secret commercial information not designed or meant for public disclosure or barred from disclosure by law (the "Protected Information"). Such documents or information produced by Plaintiffs or Defendants may be classified as "Confidential" by the producing party (the "Designating Party"). This Order shall govern the use and dissemination of all information, documents, or materials that are produced in this action and designated "Confidential."

a. "Confidential" documents shall include all documents and copies of such documents which the Designating Party has designated as "Confidential" by marking each page of each document "Confidential." The Designating Party may also designate other material, including but not limited to, interrogatory responses to requests for admission, deposition transcripts, deposition videos, information or other written, recorded, or graphic material produced or disclosed in this Litigation as "Confidential" and thus bring them within the scope of this Order. In lieu of marking the originals of such documents, any party may mark the copies of such documents that are produced or exchanged.
b. Any summary, compilation, notes, copy, electronic image, or database containing Protected Information shall be subject to the terms of this Order to the same extent as the material or information from which the summary, compilation, notes, copy electronic image, or database is made or derived.

         2. Protected Information used in this Litigation may be disclosed only to "Qualified Persons." "Qualified Persons" as used in this Order means:

a. This Court and its personnel;
b. Any third party appointed by the Court or retained by the parties for settlement purposes or resolution of discovery or other disputes and their staff;
c. Counsel of record for any party, including partners and associate attorneys assigned to this litigation, and all paralegal assistants, stenographic and clerical employees when working under the direct supervision of each such attorney to whom it is necessary that "Confidential" information be shown for purposes of the Litigation;
d. Experts, disclosed witnesses, and mock jurors employed, retained, or consulted by any party for the purpose of assisting in the preparation for trial or trial of this Litigation;
e. The named parties, or a designated representative of a party, who may be assisted by stenographic and clerical employees under the direct supervision of other Qualified Persons as herein defined; and
f. Court reporters and stenographic reporters engaged in activities necessarily incident to the preparation for ...

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