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Jones v. Schaps

United States District Court, D. Montana, Billings Division

June 26, 2017

GARRY L. JONES, Plaintiff,
v.
NICHOLAS R. SCHAPS II, TN TRANSPORT, INC. and J&S ENERGY, LLC, dba TN Energy, as successor-in-interest to TN Transport, Inc., Defendants.

          ORDER

          SUSAN P. WATTERS, UNITED STATES DISTRICT JUDGE

         Upon consideration of the Stipulation of the parties for a Protective Order (dated June 21, 2017) pursuant to Fed.R.Civ.P. 26(c) (Doc. 29), the following shall govern the disclosure of confidential documents and confidential information in this case:

         1. As used in the Protective Order, these terms have the following meanings:

"Attorneys" means counsel of record;
"Confidential Documents" means documents designated "confidential" pursuant to paragraph 2;
"Confidential Information" means any fact which constitutes or refers to personal or financial information not generally available to third parties, that is kept confidential from outside access, is not generally known except by those with a legitimate personal or business interest, is not already in the public domain and for which a party would be entitled to a protective order under Fed.R.Civ.P. 26(c) to bar public disclosure of the information. The burden of proving that the information is confidential rests with the party asserting such claim;
"Documents" means all materials within the scope of Fed.R.Civ.P. 26 and 34;
"Outside Vendors" means messenger, copy, coding, and other clerical services vendors not employed by a party or its Attorneys; and
"Written Assurance" means an executed document in the form attached as Exhibit A.

         2. A party may designate a document containing Confidential Information "confidential" to protect information within the scope of Fed.R.Civ.P. 26(c). Once designated, the document or information shall be treated as a Confidential Document or Confidential Information.

         3. All Confidential Information and all Confidential Documents, along with the information contained in the documents, shall be used solely for the purpose of this action, and no person receiving such documents shall, directly or indirectly, use, transfer, disclose, or communicate in any way the information or documents or their contents to any person other than those specified in paragraph 4. Any other use is prohibited.

         4. Access to any Confidential Document shall be limited to:

(a) the Court and its staff;
(b) Attorneys, their law firms, and their Outside ...

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