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Durbin v. Welcov Healthcare, LLC

United States District Court, D. Montana, Great Falls Division

January 23, 2018

JAMIE DURBIN individually, and as conservator for his mother, JOAN DURBIN Plaintiff,
v.
Welcov Healthcare, LLC, Defendant.

          STIPULATED PROTECTIVE ORDER BETWEEN PLAINTIFF AND LE SUBTENANT HOLDING, LLC

          HON. BRIAN MORRIS UNITED STATES DISTRICT COURT JUDGE.

         Based on the Parties' Stipulation for Protective Order, THE COURT HEREBY ISSUES THE FOLLOWING:

         STIPULATED PROTECTIVE ORDER

         1. Plaintiff hereby warrants, covenants, and agrees that that the following documents produced are Confidential Documents subject to the Protective Order:

(1) Unredacted portions of the May 15, 2017 First Amendment to Operating Agreement (LE Subtenant Holding, LLC) (Bates number SUB000021 to SUB000022).
Should the Party to whom Confidential Document(s) or Confidential Information has been produced wish to thereafter disclose those Confidential Document(s) or Confidential Information publicly and for any purposes outside the above-captioned litigation, the Party shall first provide the Party who produced the Confidential Document(s) or Confidential Information with a written request containing:
(a) The Confidential Document(s) or Confidential Information the Party desires to disclose;
(b) The identity of the person(s)towhomthe Party intends to disclose the Confidential Document(s) or Confidential Information; and
(c) The Party's reason for disclosure of the Confidential Document(s) or Confidential Information.

         If the Party who produced the Confidential Document(s) or Confidential Information does not consent to their disclosure within a reasonable amount of time, the requesting Party may, at its sole discretion, move the Court for an Order allowing release of the designated Confidential Document(s) or Confidential Information publicly subject to reasonable conditions.

         2. A Party to whom a Confidential Document has been produced through discovery shall not give, distribute, disclose and/or otherwise reveal that Confidential Document to any non-party unless such distribution or disclosure is necessary for the prosecution of the claims herein or the defense to those claims and unless the non-party to whom such necessary distribution or disclosure is made, first signs a written confidentiality agreement wherein that non-party:

(a) Promises to keep the Confidential Document strictly private and confidential;
(b) Promises not to copy, distribute, disclose and/or otherwise reveal the Confidential Document or any Confidential Information contained therein to any other person or entity. This disclosure limitation is not intended to limit any non-party's disclosure of a Confidential Document or any Confidential Information contained therein to that non-party's staff, experts, employees or partners, disclosure to whom is reasonably necessary for purposes of that non-party's tasks or involvement in the above-captioned litigation. Such non-party's signature on the Confidentiality Agreement shall warrant and covenant that he or she is signing on behalf of his/her staff, employees, partners and company, and that all such persons and entities to whom the non-party reveals the Confidential Document and/or any Confidential Information contained therein shall be provided a copy of the Confidentiality Agreement and the Protective Order and that each such staff, employee, partner and company shall be subject to and will abide by the Confidentiality Agreement and the Protective Order.
(c) Promises not to use any Confidential Information learned or obtained from the Confidential Document for any purposes other than the purposes of the litigation ...

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