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Gersh v. Fox

United States District Court, D. Montana, Missoula Division

March 27, 2019

TANYA GERSH, Plaintiff,
v.
ANDREW ANGLIN, Defendant. and TIMOTHY C. FOX, in his official capacity as Attorney General of the State of Montana,

          Attorney for Plaintiff Tanya Gersh on behalf of all Attorneys for Plaintiff

          Attorney for Defendant Andrew Anglin on behalf of all Attorneys for Defendant

          Matthew T. Cochenour, Assistant Attorney General on behalf of Intervenor Attorney General of the State of Montana

          STIPULATED PROTECTIVE ORDER

          Jeremiah C. Lynch United States Magistrate Judge

         UPON STIPULATION OF THE PARTIES, and good cause appearing, that certain documents[1], information, and other things requested by the parties, or by any non-party, in the course of discovery shall be kept confidential in order to protect privacy rights of the same and to protect against disclosure of confidential information, the Court enters the following Stipulated Protective Order pursuant to Fed.R.Civ.P. 26(c) and 29(b):

         IT IS HEREBY ORDERED:

         1. Purpose and Scope:

         This Stipulated Protective Order shall govern the handling of documents, depositions, deposition exhibits, interrogatory responses, admissions, and any other information or material produced, given, or exchanged by and among the parties and any non-parties, whether produced, given, or exchanged informally or pursuant to a formal discovery request (hereinafter referred to as “Discovery Material”), which have been designated by the Producing Party as comprising or containing “confidential” or “highly confidential” information (“Designated Material”) as defined below.

         2. Confidential Information.

         As used in this Order, “confidential” means any Discovery Material designated as “CONFIDENTIAL INFORMATION” because the Producing Party believes that good faith exists under Rule 26 of the Federal Rules of Civil Procedure (“Rule 26”) for protecting the information from public disclosure. Such includes, but is not limited to, information, documents, or things that have not been made public by the Producing Party and that the Producing Party reasonably and in good faith believes contains or comprises (a) trade secrets, or (b) proprietary business information. Any Discovery Material designated as “CONFIDENTIAL” shall not be disclosed, discussed with, or made available to any individual other than those designated in this Order as “Qualified Persons.”

         3. Highly Confidential Information.

         As used in this Order, “highly confidential” means any Discovery Material designated as “HIGHLY CONFIDENTIAL - ATTORNEY'S EYES ONLY” by the Producing Party because of a good faith determination that it falls within one or more of the following categories: (a) medical information concerning any individual; (b) personally identifying information (e.g., social security numbers, home addresses, telephone numbers, and bank account numbers); (c) information related to minors; or (d) information so highly sensitive that its disclosure to a competitor could result in a significant commercial disadvantage to the designating party. Any Discovery Material designated as “HIGHLY CONFIDENTIAL -ATTORNEY'S EYES ONLY” shall not be disclosed, discussed with, or made available to any individual other than those designated in this Order as “Highly Confidential Qualified Persons.”

         This section of the Order does not prevent any party from proposing that other categories of information be included within the future coverage of this or any other stipulated protective order. Should a party wish to add a category of information to that deemed “HIGHLY CONFIDENTIAL - ATTORNEY'S EYES ONLY” by the Order, that party must first negotiate in good faith with the other parties. If the parties are unable to reach agreement on the proposed additions and whether such additions shall require designation by the Producing Party, or if a party consulted has not responded to the proposing party's request within ten (10) calendar days, the requesting party may seek an expanded or separate stipulated protective order from the Court. The Producing Party may designate material as “HIGHLY CONFIDENTIAL - ATTORNEY'S EYES ONLY” and it shall be treated as such pending determination by the Court as to whether an additional category should be added.

         4. “Producing Party” means the party or non-party producing any Discovery Material in connection with the above-captioned action.

         5. Only “Qualified Persons” may have access to Discovery Material marked as “CONFIDENTIAL INFORMATION.” Qualified Persons means only the following individuals:

(a) the parties or directors, officers, and employees of parties to this action, who have a legitimate need to see the information in connection with their responsibilities for overseeing the litigation or assisting counsel in preparing the action for trial or settlement;
(b) the attorneys of record in this action, and any non-in-house attorneys of a party who are retained by the parties in this action to consult on the litigation, and their respective associates, clerks, legal assistants, stenographic and support personnel, and independent organizations retained by such attorneys to provide litigation support services in this action, including employees of said organizations;
(c) experts and consultants retained by the parties or the attorneys of record for this litigation and the employees of such experts and consultants who are assisting them for the purposes of this action;
(d) court reporters, deposition stenographers, and videographers;
(e) potential witnesses or persons noticed for depositions or designated as trial witnesses to the extent reasonably ...

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