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St. Peter's Hospital v. Lexington Insurance Co.

United States District Court, D. Montana, Helena Division

April 6, 2017

ST. PETER'S HOSPITAL and MOUNTAIN STATES HEALTHCARE RECIPROCAL RISK RETENTION GROUP and COLUMBIA CASUALTY COMPANY, Plaintiffs/Counterclaim Defendants,
v.
LEXINGTON INSURANCE COMPANY, Defendant/Counterclaim Plaintiff.

          PROTECTIVE ORDER

          SAM E. HADDON, UNITED STATES DISTRICT JUDGE

         Upon 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:

         1. In 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).

         2. "Confidential Settlement Information" shall include:

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 Suit; and
d. any document or communication prepared as part of the settlement in the Underlying Suit.

         3. The 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.

         4. In 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.

         5. The 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.

         6. The 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 litigation:

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, ...

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