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Scott v. City of Bismarck

United States District Court, D. North Dakota

November 7, 2017

Jamie Scott, individually and as Personal Representative for the Wrongful Death Estate of James Anthony Scott, Plaintiff,
v.
City of Bismarck, a Municipal Corporation; Dan Donlin, in his individual and official capacity as Chief of Police for the City of Bismarck; Shaun Burkhartsmeier, in his official and individual capacity; John Does 1-5, in their individual and official capacities, Defendants.

          PROTECTIVE ORDER

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

         The court issues the following as its Protective Order:

         1. As used in this Protective Order, the following terms shall have the following meanings unless the context clearly provides otherwise:

a. “Attorney(s)” shall mean an attorney of record for a party.
b. “Party” includes its attorneys of record.
c. “Protected Material” means all documents, testimony, or other information that have been marked or designated as being Confidential or Protected Material in the manner provided for by this Protective Order, including copies or other reproductions of any material so marked or designated.
d. “Termination of the Litigation” shall mean the entry of a final, non-appealable dismissal or judgment.
e. “Written Assurance” means the executed document attached as “Exhibit A.”

         2. Any party may mark or designate as Confidential or Protected Material any documents, testimony, or other information produced or generated during this litigation that the party in good faith reasonably believes is properly the subject of a protective order under the Federal Rules of Civil Procedure because it contains: (i) trade secrets or other proprietary or commercially sensitive information the dissemination of which has a significant likelihood of causing damage to a party's business; (ii) material that is required to be kept confidential under federal or state law, except when disclosed for a permitted litigation purpose; or (iii) personal information the disclosure of which would constitute an unwarranted invasion of privacy or cause the party to suffer undue and unwarranted embarrassment. The mere desire to keep material private is not enough. Any party who lacks a good faith reasonable belief that the documents, material, or other information is eligible to be treated as Protected Material or otherwise abuses this Protective Order is subject to sanction by the Court.

         3. Protected Material that has been marked or designated by a party in accordance with this Protective Order may only be used by the other parties for purposes of this litigation and no other purposes. The other parties shall keep the Protected Material confidential, except that Protected Material may be disclosed to:

a. attorneys of record in this action who by their appearance are bound by this Protective Order;
b. attorneys representing a party who are not an attorney of record if they have executed the Written Assurance;
c. the following persons from the City of Bismarck if they have executed the Written Assurance: City management department heads involved with monitoring this litigation, the mayor, chief executive officer, city auditor, and city council members (or the equivalent), and attorneys at the City Attorney's Office;
d. the claims adjustor and claims manager(s) for any insurance carrier or risk-sharing pool providing liability coverage to the City of Bismarck in this action if they ...

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