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Gilliland v. Contract Land Staff, LLC

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

June 5, 2018

DANIEL GILLILAND, Plaintiff,
v.
CONTRACT LAND STAFF, LLC, et al., Defendants,

          Leo F. J.Wilking WILKING LAW FIRM, PLLC ATTORNEY FOR PLAINTIFF

          Zachary E. Pelham PRARCE DURICK PLLC ATTORNEY FOR DEFENDANT CONTRACT LAND STAFF LLC

          Amy Miller Meagan E. Roach BUCHANAN, INGERSOLL & ROONEY PC ATTORNEYS FOR DEFENDANT NORTH DAKOTA PIPELINE COMPANY LLC

          STIPULATED ORDER REGARDING CONFIDENTIALITY OF DISCOVERY MATERIAL

         Whereas, the parties have stipulated that certain discovery material be treated as confidential;

         Accordingly, it is this 5th day of June, 2018, by the United States District Court for the District of North Dakota, Western Division, ORDERED;

         1. Designation of Discovery Materials as Confidential. All documents produced in the course of discovery, all Answers to Interrogatories, all Answers to Requests for Admission, all Responses to Requests for Production of Documents, and all deposition testimony and deposition exhibits shall be subject to this Order concerning confidential information, as set forth below;

         (a) The designation of confidential information shall be made by placing or affixing on the document, in a manner which will not interfere with its legibility, the word "CONFIDENTIAL." One who provides material may designate it as "CONFIDENTIAL" only when such person in good faith believes it contains sensitive personal information, confidential personnel information of individuals not party to this litigation, trade secrets or other confidential research, development, business proprietary, or commercial information which is in fact confidential. A party shall not routinely designate material as "CONFIDENTIAL, " or make such a designation without reasonable inquiry to determine whether it qualifies for such designation. Except for documents produced for inspection at the party's facilities, the designation of confidential information shall be made prior to, or contemporaneously with, the production or disclosure of that information. In the event that documents are produced for inspection at the party's facilities, such documents may be produced for inspection before being marked confidential. Once specific documents have been designated for copying, any documents containing confidential information will then be marked confidential after copying but before delivery to the party who inspected and designated the documents. There will be no waiver of confidentiality by the inspection of confidential documents before they are copied and marked confidential pursuant to this procedure.

         (b) Portions of depositions of a party's present and former officers, directors, employees, agents, experts, and representatives shall be deemed confidential only if they are designated as such when the deposition is taken or within seven business days after receipt of the transcript. Any testimony which describes a document which has been designated as "CONFIDENTIAL, " as described above, shall also be deemed to be designated as "CONFIDENTIAL, "

         (c) Information or documents designated as confidential under this Order shall not be used or disclosed by the parties or counsel for the parties or any persons identified in subparagraph (d) below for any purposes whatsoever other than preparing for and conducting the litigation in which the information or documents were disclosed (including appeals).

         (d) The parties and counsel for the parties shall not disclose or permit the disclosure of any documents or information designated as confidential under this Order to any other person or entity, except that disclosures may be made in the following circumstances:

(i) Disclosure may be made to counsel and employees of counsel for the parties who have direct functional responsibility for the preparation and trial of the lawsuit, Any such employee to whom counsel for the parties makes a disclosure shall be provided with a copy of, and become subject to, the provisions of this Order requiring that the documents and information be held in confidence.
(ii) Disclosure may be made only to employees of a party required in good faith to provide assistance in the conduct of the litigation in which the information was disclosed.
(iii) Disclosure may be made to court reporters engaged for depositions and those persons, if any, specifically engaged for the limited purpose of making photocopies of documents. Prior to disclosure to any such court reporter or person engaged in making photocopies of documents, such person must agree to be bound by the terms of this Order.
(iv) Disclosure may be made to consultants, investigators, or experts (hereinafter referred to collectively as "experts") employed by the parties or counsel for the parties to assist in the preparation and trial of the lawsuit. Prior to disclosure to any expert, the expert must be informed of and agree in writing to be subject to the provisions of ...

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