United States District Court, D. Montana, Helena Division
Haddon United States District Judge.
before the Court is Plaintiffs Unopposed Motion for
Protective Order ("Motion").
"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
Confidential Information shall be produced by Plaintiffs as
provided in this Order.
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
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.
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
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.
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.
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.
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 ...