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Cleary v. Retirement Plan For Employees of Northern Montana Hospital
United States District Court, D. Montana, Great Falls Division
April 11, 2017
JOEL CLEARY, M.D., individually and on behalf of all others similarly situated, Plaintiff,
RETIREMENT PLAN FOR EMPLOYEES OF NORTHERN MONTANA HOSPITAL, ADMINISTRATIVE COMMITTEE OF THE RETIREMENT PLAN FOR EMPLOYEES OF NORTHERN MONTANA HOSPITAL, DAVID HENRY, KIM LUCKE, BONNIE O'NEILL, and NORTHERN MONTANA HOSPITAL, Defendants.
Morris United States District Court Judge
HEREBY ORDERED, pursuant to Federal Rule of Civil Procedure
26(c), that any disclosures occurring by Mercer in the
above-captioned case shall be conducted under the following
used in this Protective Order, the following definitions
shall apply, regardless of whether the term is capitalized:
(a) “Confidential Information” means any Material
that Mercer reasonably believes not to be in the public
domain and reasonably believes contains or constitutes a
trade secret or other confidential, strategic, research,
development, or commercial information, or any other
information otherwise protected by Federal Rule of Civil
Procedure 26(c)(1)(G), that if disclosed, would materially
affect the party's or protected person's business,
commercial or financial interests. “Confidential
Information” also includes sensitive personal
information about individuals who are not parties to this
litigation or who are employed or otherwise engaged by the
parties to this litigation.
(b) “Cleary” means Plaintiff Joel Cleary and all
of his present and former employees, agents, partners,
representatives, and attorneys.
(c) “Defendants” are the defendants identified in
this litigation and any of their and all of his present and
former employees, agents, partners, representatives, and
(d) “Disclosed” is defined in the broadest sense
definable and includes, but is not limited to, directly or
indirectly shown, divulged, revealed, produced, described,
transmitted or otherwise communicated, in whole or in part.
(e) “Material” means any Document produced by
Mercer voluntarily or involuntarily or in response to formal
or informal requests at any point during the course of this
(g) “Document” is defined to mean any material
encompassed by the broadest possible definition of Federal
Rule of Civil Procedure 34(a)(1) and (2).
(h) “Counsel” means the attorneys of record in
this action and their law firms, as well as
(i) other attorneys or consultants employed or retained by
such law firms;
(ii) any attorney subsequently retained or designated by any
party to appear ...
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