United States District Court, D. Montana, Missoula Division
LENNY J. RUSTAD, Plaintiff,
BANK OF AMERICA CORPORATION and BANK OF AMERICA, N.A., Defendants.
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.
L. CHRISTENSEN, CHIEF JUDGE
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
through their counsel of record, the parties hereby stipulate
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
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 ...