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Behr v. USAA Savings Bank

United States District Court, D. Montana, Missoula Division

November 8, 2019

MICHAEL BEHR, Plaintiff,

          WE SO STIPULATE and agree to abide by the terms of this Order David M. Krueger (Pro Hac Vice) Nora K. Cook (Pro Hac Vice) BENESCH, FRIEDLANDER, COPLAN & ARONOFF LLP Mark L. Stermitz Brett P. Clark CROWLEY FLECK PLLP Attorneys for Defendant USAA Savings Bank

          WE SO STIPULATE and agree to abide by the terms of this Order Carlos C. Alsina-Batista The Law Offices of Jeffrey Lohman, P.C. Nik G. Geranios Geranios Law, PLLC Attorneys for Plaintiff



         Defendant has filed an unopposed motion asking the Court to enter the Stipulated Protective Order agreed to by the parties. Accordingly, IT IS ORDERED that the parties' Stipulated Protective Order is hereby approved and entered as an order of the Court.

         IT IS FURTHER ORDERED that any party seeking to file a document under seal pursuant to paragraph 6 of this Stipulated Protective Order shall seek leave of Court in accordance with the pertinent provisions of L.R. 5.2. In addition, any party wishing to file any document under seal must make the appropriate showing of good cause or compelling reasons as delineated in Ground Zero Center for Non-Violent Action v. United States Department of the Navy, 860 F.3d 1244, 1261 (9th Cir. 2017) (requiring a showing of compelling reasons to seal documents attached to dispositive motions and other filings relating to the merits of a case) and Center for Auto Safety v. Chrysler Group, LLC, 809 F.3d 1092, 1097 (9th Cir. 2016) (requiring only a showing of good cause to seal documents related to a non-dispositive motion or a motion unrelated to the merits of a case).

         The parties to this Stipulated Protective Order have agreed to the terms of this Order; accordingly, IT IS ORDERED:

         1. Scope. All documents produced in the course of discovery, including initial disclosures, all responses to discovery requests, all deposition testimony and exhibits, other materials which may be subject to restrictions on disclosure for good cause and information derived directly therefrom (hereinafter collectively “documents”), shall be subject to this Order concerning confidential information as set forth below. The Order is subject to the Local Rules of this Court and the Federal Rules of Civil Procedure on matters of procedure.

         2. Form and Timing of Designation. A party or third-party producing documents or information may designate documents as confidential and restricted in disclosure under this Order by placing or affixing the words “CONFIDENTIAL” on the document in a manner that will not interfere with the legibility of the document and that will permit complete removal of the CONFIDENTIAL designation. Documents shall be designated CONFIDENTIAL prior to or at the time of the production or disclosure of the documents. A party or third-party producing documents may remedy an inadvertent failure to identify documents as CONFIDENTIAL by supplemental written notice within a reasonable time after production by submitting to the receiving party properly marked documents or copies thereof, for which there was an inadvertent failure to identify the documents as CONFIDENTIAL. The designation “CONFIDENTIAL” does not mean that the document has any status or protection by statute or otherwise except to the extent and for the purposes of this Order. A party which, prior to this Court's entry of this Order, has previously produced documents in the course of discovery which would properly be designated as CONFIDENTIAL pursuant to the terms of this Order shall be permitted a period of ten (10) calendar days from entry of this Order to re-designate any documents previously produced. In such circumstances, the designating party shall provide written notice to the other party of such documentation, and shall provide new copies of the documents to be designated in accordance with the terms of this Order.

         3. Documents Which May Be Designated CONFIDENTIAL. Any party or third-party producing documents may designate them as CONFIDENTIAL if the documents contain information protected from disclosure by statute or that should be protected from disclosure including confidential personal information, medical, or psychiatric information, trade secrets, personnel records, or such other sensitive commercial information that is not publicly available. Public records and other information or documents that are publicly available may not be designated as CONFIDENTIAL.

         4. Depositions. Portions of depositions shall be deemed CONFIDENTIAL only if designated as such when the deposition is taken or within seven business days after receipt of the transcript. Such designation shall be specific as to the portions to be protected.

         5. Protection of Confidential Material.

         (a) General Protections. Documents designated CONFIDENTIAL under this Order shall not be used or disclosed by the parties, counsel for the parties or any other persons identified in ¶¶ 5(b) for any purpose whatsoever other than to prepare for and to conduct discovery and trial in this action, including any appeal thereof.

         (b) Limited Third-Party Disclosures of Confidential Documents. The parties and counsel for the parties shall not disclose or permit the disclosure of any CONFIDENTIAL documents to any person or entity except as set forth in subparagraphs (i) - (v) below. Subject to these requirements, the following categories of persons may be allowed to review documents that have been designated CONFIDENTIAL:

(i) Counsel. Counsel for the parties and employees and those agents of counsel who have responsibility for the preparation and trial of the action, including, but not limited to, any in-house counsel for ...

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