United States District Court, W.D. Arkansas, Texarkana Division
DAVID BRADEN and DALE BROWN, individually and on behalf of all others similarly situated, PLAINTIFFS,
FOREMOST INSURANCE COMPANY GRAND RAPIDS, MICHIGAN, DEFENDANT
Susan O. Hickey, United States District Judge.
Before the Court is the Defendant’s Unopposed Motion for Entry of Agreed Protective Order (ECF No. 30). To protect the confidentiality of materials which may contain confidential, proprietary, commercially sensitive, trade secret, or personal information of Foremost’s insureds, the parties, by and through their respective counsel, have stipulated to the entry of the following protective order. The Court, after reviewing the terms of the protective order, finds that the parties’ Motion should be GRANTED. The Protective Order is as follows:
1. Classified Information produced or exchanged in the course of this litigation shall be used solely for the purpose of preparation and trial of this litigation (including any appeal) and for no other purpose whatsoever, and can be disclosed only to Qualified Persons and only in accordance with the terms set forth herein.
2. “Classified Information, ” as used herein, means any information of any type, kind or character which is designated as “Confidential” or “Attorneys’ Eyes Only” by any of the supplying or receiving parties, whether it be a document, information contained in a document, information revealed during a deposition, information revealed in an interrogatory answer or otherwise. In designating information/documents as Classified Information, a party will make such designation(s) only as to the information/documents that it in good faith believes contains or comprises confidential, proprietary, commercially sensitive or trade secret information, or personal health information. Nothing shall be designated as Attorneys’ Eyes Only except information of the most sensitive nature.
3. For the avoidance of doubt, the protections afforded herein shall also apply to trade secret and confidential materials (including, but not limited to, documents, information, formulas and/or data in all forms) that may be produced by, or obtained from, non-parties to the above-captioned cause.
4. “Qualified Persons, ” as used herein means:
(a) Attorneys of record and in-house counsel for the parties in this litigation and employees or agents of such attorneys to whom it is necessary that the material be shown for purposes of this litigation;
(b) Actual or potential independent technical experts or consultants, who have been designated in writing by notice to all counsel prior to any disclosure of “Confidential” or “Attorneys’ Eyes Only” information to such persons, and who have signed a document agreeing to be bound by the terms of this protective order (such signed document to be served by the attorney retaining such person) on the other party(ies); provided, however, that this shall not require the disclosure of the identity of consulting experts whose mental impressions and opinions have not been reviewed by a testifying expert;
(c) The party or, in cases where the party is a legal entity, the party’s employees who are bound by this order; and
(d) If this Court so elects, any other person may be designated as a Qualified Person by order of this Court, after notice and hearing to all parties.
5. Classified Information marked “Confidential” shall not be disclosed or made available by the receiving party to persons other than Qualified Persons. Classified Information designated as “Attorneys’ Eyes Only” shall be restricted in circulation to Qualified Persons described in Paragraphs 4(a) and (b).
6. Before a person (other than the Qualified Persons described in paragraph 4(a) and (c)) shall receive any Classified Information, the person shall receive a copy of this Order and shall execute an Agreement in the form of Exhibit A hereto. Lead counsel for each party shall be responsible for obtaining the Agreements in the form of Exhibit A and shall retain the original written acknowledgement, and furnish a copy to the party designating the information as Classified Information within ten (10) business days upon request. In the case of consulting experts, lead counsel for the party utilizing the consulting expert(s) shall be responsible for obtaining the Agreement(s) in the form of Exhibit A and shall retain the original written acknowledgement, but shall not be required to furnish a copy to the party designating the information as Classified Information so as not to disclose the identity of such consulting expert(s).
7. Copies of “Attorneys’ Eyes Only” information provided to a receiving party shall be maintained in the offices of outside counsel for Plaintiffs and Defendant, except that copies of documents produced under this Protective Order may be made, or exhibits prepared by independent copy services, printers or illustrators for the purpose of this litigation. Lead counsel for each party will request, of any copy service, printer or illustrator he/she/it uses, that the copy service, printer or illustrator destroy all copies of any Classified Information upon completion of their services. Classified Information provided to Qualified Persons described in Paragraph 4(b) shall be maintained only at the office of such Qualified Persons and only working copies shall be made of any such documents. Each party’s counsel shall maintain a log of all copies of “Attorneys’ Eyes Only” documents which are delivered to any one or more Qualified Person described in Paragraph 4(b).
8. Documents produced in this action may be designated by any party or parties as “Confidential” or “Attorneys’ Eyes Only” by marking each page (or, in the case of voluminous documents, the cover page or first page) of the document(s) so designated with a stamp stating “Confidential” or “Attorneys’ Eyes Only.” In lieu of marking the original of a document, if the original is not produced, ...