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Bozeman Deaconess Health Services, Intercity Radiology P.C. v. Federal Insurance Co.

United States District Court, D. Montana, Missoula Division

September 16, 2019

BOZEMAN DEACONESS HEALTH SERVICES, INTERCITY RADIOLOGY P.C., and DEACONESS INTERCITY IMAGING LLC dba ADVANCED MEDICAL IMAGING, Plaintiffs,
v.
FEDERAL INSURANCE COMPANY, ACE AMERICAN INSURANCE COMPANY, and CHUBB SERVICES CORPORATION, Defendants.

          ORDER

          DANA L. CHRISTENSEN, CHIEF JUDGE.

         Upon stipulation of the parties, and good cause shown, this Court enters the following Protective Order, to govern the discovery and protection of confidential proprietary information, copyrighted and/or commercial information, which may be and has been subject to discovery in this action:

         1. This Protective Order governs the access to, use, and distribution of information designated as "Confidential" in this litigation. For purposes of this Protective Order, "information" or "materials" includes documents, things, pleadings, discovery responses, deposition testimony, and all other discovery materials.

         2. This Protective Order shall also govern all discovery materials and/or papers filed with the Court in this case which include or make reference to any information designed as "Confidential" by a party. This Protective Order shall also govern all information derived from such documents and all copies, excerpts, or summaries of them.

         3. Information may be deemed "Confidential" if it contains trade secrets or other non-public, proprietary, or competitively sensitive research, development, financial, or commercial information, or information that, if publicly disclosed, could be used to the competitive detriment of a party or would violate the parties' respective confidentiality and/or privacy policies and/or agreements, including without limitation policies and/or agreements with employees, customers, or third parties.

         4. All "Confidential" information shall be treated as confidential during and throughout the pendency of this action. Confidential information shall be used by the non-producing party solely for the purposes of this litigation and not for any other purpose. Control and distribution shall be the responsibility of the attorneys of record.

         5. The parties shall not disclose information derived from such Confidential information to any person except as provided in this Protective Order.

         Confidential materials and information derived from them may be inspected and disclosed by the parties only to the following persons and only for the purposes of conducting this litigation:

(a) The parties, their counsel in this lawsuit, and counsel's employees;
(b) Any person retained by counsel representing the parties to assist in the preparation of trial of this litigation, including experts and paralegals;
(c) Any employee or representative of Bozeman Deaconess Health Services, Intercity Radiology P.C., Deaconess Intercity Imaging LLC dba Advanced Medical Imaging, Federal Insurance Company, ACE American Insurance Company, and Chubb, whose deposition is taken or is to be taken in this action during the course of his or her testimony; and
(d) Deposition reporters.

         6. Each person to whom disclosure of Confidential documents and information is permitted by the parties pursuant to paragraph 5 above shall be shown a copy of this Protective Order and shall execute an acknowledgment in writing that he or she has received a copy of this ...


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