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Mau v. Twin City Fire Insurance Co.

United States District Court, D. North Dakota, Western Division

January 24, 2017

ROBERT MAU and EAGLE WELL SERVICES, INC. Plaintiffs,
v.
TWIN CITY FIRE INSURANCE COMPANY, Defendant.

          PROTECTIVE ORDER

          Charles S. Miller, Jr., United States District Court Magistrate Judge

         The parties have jointly moved the Court for entry of a Protective Order pursuant to Fed.R.Civ.P. 26(c) concerning the treatment of Confidential Information (as hereinafter defined), and, as grounds therefore, state as follows:

         1. “Confidential Information” means non-public materials (regardless of how generated, stored, or maintained) or tangible things containing sensitive commercial, financial, or technical information that the producing party believes in good faith must be held confidential to protect business or commercial interests or to avoid impairing commercial value or competitive worth.

         2. Where Confidential Information is produced, provided, or otherwise disclosed by a party in response to any discovery request, it will be designated in the following manner:

a. By imprinting the word “Confidential” on the first page or cover of any document produced;
b. By imprinting the word “Confidential” next to or above any written response to a discovery request; and
c. With respect to transcribed testimony, by giving written notice to opposing counsel designating such portions as “Confidential” no later than fourteen (14) calendar days after receipt of the transcribed testimony.

         3. Except with the prior written consent of the producing party, no Confidential Information may be used by the receiving party for any purpose other than the conduct of this litigation, or disclosed to any person other than:

a. A party to this litigation;
b. The officers, directors, or managers of a party to this litigation who have direct responsibility for the conduct of the litigation;
c. Outside counsel of record for the parties in this action, and the partners, associates, secretaries, paralegal assistants and employees of such counsel to the extent reasonably necessary to render professional services in the litigation;
d. Any person who on the face of the document is indicated to be the author, addressee or copy recipient of the document;
e. Any person designated by the Court in the interest of justice, upon such terms as the Court may deem proper; f. Court officials involved in this litigation (including court reporters, persons operating video recording equipment at ...

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