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Core-Mark International, Inc. v. The Montana Board of Livestock

United States District Court, D. Montana, Helena Division

April 5, 2018

CORE-MARK INTERNATIONAL, INC, Plaintiff,
v.
The Montana Board of Livestock, in its official capacity as head of the Montana Department of Livestock, et al., Defendants.

          ORDER

          Sam E. Haddon United States District Judge.

         Pending before the Court is Plaintiffs Unopposed Motion for Protective Order[1] ("Motion").

         ORDERED:

         1. "Confidential Information" shall include documents, records, data and materials produced, or to be produced which consist of: (1) names or addresses of Plaintiff s retail customers; (2) sales reports generated by Plaintiff; (3) the amount of product ordered by or delivered to Plaintiffs customers; (4) Plaintiffs wholesale pricing information; or (5) a description of Plaintiff s distribution process and delivery schedules.

         2. Confidential Information shall be produced by Plaintiffs as provided in this Order.

         3. This Protective Order governs access to, use, and distribution of information designated "Confidential Information" by Plaintiff in the course of discovery. Nothing in this Order allows Plaintiffs to withhold information otherwise discoverable.

         4. Confidential Information shall be treated as confidential during the pendency of this action and shall be used by the parties solely for the purposes of this litigation. Control and distribution of Confidential Information shall be the responsibility of the attorneys of record.

         5. The documents produced by Plaintiff or a non-party and stamped Confidential shall be available only to the following individuals and only for the purposes of conducting this litigation:

a. The parties and their officers, directors, board members, employees, independent contractors and agents;
b. Counsel of record and their office personnel; and
c. Experts and consultants retained by the parties for the preparation and trial of this case.

         6. Confidential Information produced by the Plaintiff shall not be available to the Plaintiffs competitors or their representatives, including milk producers, processors, and distributors, unless and until agreed to by the Plaintiff or ordered by the Court. The parties do not waive, and expressly reserve, their right to seek further Order of the Court, preserving any objections to such disclosure, 7. Each person to whom disclosure of Confidential Information is permitted shall be advised of this Protective Order and shall be informed (a) not to use any document or information for any purpose other than in connection with the prosecution of this action and (b) not to reveal such document or information to any unauthorized person.

         8. This Protective Order does not preauthorize the filing under seal of Confidential Information. If a party believes they have cause to file a redacted version of a document constituting or containing Confidential information, the party may seek leave to redact under L.R. 26.4(b)(2). Notwithstanding the provisions of L.R. 26.4(b)(1), if a party believes they have cause to file Confidential Information under seal, it may file a motion for leave to file under seal, as provided for in L.R. 5.1.

         9. All parties understand that documents relied upon by the Court in resolving any issue before the Court, including documents now or hereafter filed under seal, will be made public contemporaneously with the Court's ruling on the issue. None of the terms or conditions of this agreement shall apply to any information or documentation which ...


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