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Rustad v. Bank of America Corp.

United States District Court, D. Montana, Missoula Division

October 4, 2017

LENNY J. RUSTAD, Plaintiff,
v.
BANK OF AMERICA CORPORATION and BANK OF AMERICA, N.A., Defendants.

          PAOLI LAW FIRM, PC BY PAUL M. LEISHER ATTORNEYS FOR PLAINTIFF

          BROWNING, KALECZYC, BERRY & HOVEN, P.C. BY MARK D. ETCHART ATTORNEYS FOR DEFENDANT BANK OF AMERICA, N.A.

          ORDER

          DANA L. CHRISTENSEN, CHIEF JUDGE

         WHEREFORE, the parties having stipulated to entry of the following Stipulated Protective Order, and good cause appearing, IT IS HEREBY ORDERED that the following Stipulated Protective Order (the "Order") shall be in effect and govern the designation and handling of documents and information designated as confidential or proprietary by a party in this case:

         ORDER

         By and through their counsel of record, the parties hereby stipulate as follows:

         1. Certain documents (and related information, materials, documents, and/or records) produced in the course of this action (the "Litigation") may contain sensitive, confidential, proprietary, or secret commercial information not designed or meant for public disclosure or barred from disclosure by law (the "Protected Information"). Such documents or information produced by Plaintiff or Defendants may be classified as "Confidential" or "Proprietary" by the producing party (the "Designating Party"). This Order shall govern the use and dissemination of all information, documents, or materials that are produced in this action and designated "Confidential" or "Proprietary."

a. "Confidential" or "Proprietary" documents shall include all documents and copies of such documents which the Designating Party has designated as "Confidential" or "Proprietary" by marking each page of each document "Confidential" or "Proprietary." The Designating Party may also designate other material, including, but not limited to, interrogatory responses, responses to requests for admission, deposition transcripts, deposition videos, information or other written, recorded, or graphic material produced or disclosed in this Litigation as "Confidential" or "Proprietary" and thus bring them within the scope of this Order. In lieu of marking the originals of such documents, any party may mark the copies of such documents that are produced or exchanged.
b. Any summary, compilation, notes, copy, electronic image, or database containing Protected Information shall be subject to the terms of this Order to the same extent as the material or information from which the summary, compilation, notes, copy electronic image, or database is made or derived.
c. Any inadvertent disclosure shall not be construed as a waiver by the Designating Party of any right to assert the protections of this Protective Order as to that inadvertently disclosed information.

         2. Protected Information used in this Litigation may be disclosed only to "Qualified Persons." "Qualified Persons" as used in this Order means:

a. This Court and its personnel;
b. Any third party appointed by the Court or retained by the parties for settlement purposes or resolution of discovery or other disputes and their staff;
c. Counsel of record for any party, including partners and associate attorneys assigned to this litigation, and all paralegal assistants, stenographic and clerical employees when working under the direct supervision of each such attorney to whom it is necessary that "Confidential" or ...

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