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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,
v.
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.

          PROTECTIVE ORDER

          Brian Morris United States District Court Judge

         IT IS 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 terms:

         I. Definitions.

         1. As 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 attorneys.
(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 action.
(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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