United States District Court, D. Montana, Helena Division
ST. PETER'S HOSPITAL and MOUNTAIN STATES HEALTHCARE RECIPROCAL RISK RETENTION GROUP and COLUMBIA CASUALTY COMPANY, Plaintiffs/Counterclaim Defendants,
LEXINGTON INSURANCE COMPANY, Defendant/Counterclaim Plaintiff.
HADDON, UNITED STATES DISTRICT JUDGE
stipulation of ST. PETER'S HOSPITAL, MOUNTAIN STATES
HEALTHCARE RECIPROCAL RISK RETENTION GROUP, COLUMBIA CASUALTY
COMPANY, and LEXINGTON INSURANCE COMPANY,
("Parties"), and good cause shown, this Court
enters the following Protective Order:
this action, the parties seek to determine whether there is
coverage under the subject policies issued by Lexington
Insurance Company for the amounts paid in defense and
settlement of the Underlying Suit, Fisher v. St.
Peter's Hospital, et al, ADV 2014-722, First
Judicial District, Lewis & Clark County, Montana.
Information concerning the settlement of the Underlying Suit
is required to be produced pursuant to the Rules of Civil
Procedure, and in particular by F.R.Civ.P. 26(a)(1).
"Confidential Settlement Information" shall
a. The General Release executed by the parties to Fisher
v. St. Peter's Hospital, et al, ADV 2014-722, First
Judicial District, Lewis & Clark County, Montana
("the Underlying Suit");
b. any document or communication referencing or discussing
the substance and content of the General Release including
copies, excerpts, or summaries of the General Release;
c. any document or communication referencing or discussing
the substance and content of the settlement in the Underlying
d. any document or communication prepared as part of the
settlement in the Underlying Suit.
Confidential Settlement Information shall be produced by
Plaintiffs pursuant to the limitations in this Order, and is
considered "Confidential Information" for the
purposes of the Order.
addition to Confidential Settlement Information, this
Protective Order governs the access to, use, and distribution
of information designated "Confidential
Information" by the parties in the course of discovery.
Information deemed Confidential Information by the parties
shall be produced pursuant to the limitations in this Order.
Confidential Information shall be treated as confidential
during and throughout the pendency of this action.
Confidential Information shall be used by the parties solely
for the purposes of this litigation and not for any other
purpose. Each Party and all persons bound by the terms of
this agreement shall use Confidential documents or
Confidential Information only for the purpose of prosecution
or defense of this litigation, including but not limited to
evaluating and resolving the coverage dispute between the
Parties in this litigation and further including handling,
evaluating and resolving insurance coverage for the
underlying claim at issue in this litigation. Control and
distribution of Confidential Information shall be the
responsibility of the attorneys of record.
parties shall not disclose information derived from such
Confidential Information to any person except as provided in
this Protective Order. Confidential Information may be
inspected and disclosed by the parties only to the following
persons and only for the purposes of conducting this
a. The Parties to this agreement including counsel;
b. Any person retained by counsel representing the Parties to
assist in the preparation of trial of this litigation,