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Stuart v. State Farm Fire and Casualty Co.

United States District Court, W.D. Arkansas, Texarkana Division

April 2, 2015

JEFF DENNINGTON and JAMES STUART, individually and on behalf of all others similarly situated, Plaintiffs,
v.
STATE FARM FIRE AND CASUALTY COMPANY and STATE FARM GENERAL INSURANCE COMPANY, Defendants.

ORDER

SUSAN O. HICKEY, District Judge.

Before the Court is the parties' Agreed Motion Regarding Confidentiality. (ECF No. 59). The parties in this matter have sought, and in the future may seek, the discovery of certain non-public information that a party considers to be confidential, proprietary, or trade-secret information. In order to protect and ensure the confidentiality of such information, the parties request the Court enter the Confidentiality Order. The parties, through their attorneys, have agreed to the form and substance of this order. The Court finds that good cause for entry of the Order has been shown. The Agreed Confidentiality Order reads as follows:

1. Scope

This Order governs all materials produced or adduced in the course of discovery, including initial disclosures, responses to discovery requests, deposition testimony and exhibits, and information derived directly therefrom. The Local Rules of the Western District of Arkansas and the Federal Rules of Civil Procedure govern calculation of time concerning matters in this Order.

2. Confidential Information.

"Confidential Information" means information or documents that fall within one or more of the following categories:

(a) information prohibited from disclosure by statute;

(b) information that reveals trade secrets;

(c) research, technical, commercial or financial information that the party has maintained as confidential;

(d) medical information concerning any individual;

(e) personal information of individual persons, including policyholders;

(f) income tax returns (including attached schedules and forms), W-2 forms and 1099 forms;

(g) proprietary business information or research, including but not limited to claim handling and damage estimating information;

(h) third parties' information that is subject to contractual confidentiality obligations; or

(i) personnel or employment records of a person who is not a party to the case. Information or documents that are available to the public may not be designated as

Confidential Information.

3. Designation

A party may designate information or documents as Confidential Information for protection under this Order if it has a good faith belief that such information or documents contain Confidential Information as defined herein and that such designation is in accordance with applicable law. The party may designate a document as Confidential Information by placing or affixing the words "Confidential Proprietary &/or Trade Secret/Produced Pursuant to Protective Order" on the document and on all copies in a manner that will not interfere with the legibility of the document. "Copies" includes electronic images, duplicates, extracts, summaries or descriptions that contain the Confidential Information. The marking "Confidential Proprietary &/or Trade Secret/Produced Pursuant to Protective Order" shall be applied prior to or at the time the documents are produced or disclosed, subject to Paragraph 6 below. Marking the document "Confidential Proprietary &/or Trade Secret/Produced Pursuant to Protective Order" 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. Copies of documents marked "Confidential Proprietary &/or Trade ...


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