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U.S. Bank National Association, A National Association, As v. Phl Variable Insurance Company

December 17, 2012

U.S. BANK NATIONAL ASSOCIATION, A NATIONAL ASSOCIATION, AS SECURITIES INTERMEDIARY FOR LIMA ACQUISITION LP, PLAINTIFF,
v.
PHL VARIABLE INSURANCE COMPANY, A CONNECTICUT CORPORATION,
DEFENDANT.



[PROPOSED] ORDER APPROVING STIPULATED PROTECTIVE ORDER GOVERNING THE PRODUCTION AND EXCHANGE OF CONFIDENTIAL INFORMATION

STIPULATED PROTECTIVE ORDER

The parties' Stipulated Protective Order Governing the Production and Exchange of Confidential Information (the "Stipulated Protective Order") is before the Court. Having read the order and good cause appearing therefore, the Court hereby enters the following Protective Order:

1. Statement of Good Cause: In the course of litigating and taking discovery in the above-captioned action, the parties, or third parties in connection with the Action, may need to produce "Confidential Information", defined to include:

(i) commercially sensitive and proprietary financial, actuarial, valuation or pricing data and projections;

(ii) non-public communications with governmental or non-governmental regulators, including but not limited to state departments of insurance, Securities Exchange Commission, and Financial Industry Regulatory Authority (FINRA, f/k/a NASD) that are intended to be kept confidential and/or are protected from disclosure by statute or regulation;

(iii) private personal, medical, or financial information, including personal identifying information (such as names, addresses, social security numbers and dates of birth), medical records, and financial information, the disclosure of which would potentially violate state and federal privacy laws, rules, and regulations, including, the Gramm-Leach-Bliley Act, 15 U.S.C. 6801, et seq.;

(iv) agreements subject to provisions of confidentiality and documents that reveal the confidential terms of such agreements;

(v) documents that reveal confidential financial information about a party's business that, if disclosed publically, could place the party at a competitive disadvantage; and

(vi) commercially sensitive and proprietary, confidential information that constitutes, discusses or reflects trade secrets entitled to protection under applicable state and laws and regulations.

Confidential Information includes the contents and all copies, excerpts, extracts, and summaries of documents, testimony, and information, designated by any party and/or third party as such as provided herein, provided that such designation has not been successfully challenged and finally revoked pursuant to paragraph 9 herein.

2. This Protective Order, consistent with Fed. R. Civ. P. 26(c), limits the copying, dissemination, and filing of Confidential Information produced or provided by any party and/or their respective counsel and/or by any non-party in connection with the Action, and governs the treatment of documents, materials, information, and/or testimony produced or provided by any party and/or third party in connection with the Action, including all documents, material, information, and/or testimony produced or provided voluntarily or pursuant to interrogatories, depositions, requests for production of documents, subpoenas, requests for admissions, or other requests for disclosures, and all documents, material, information, and/or testimony provided, submitted, or exhibited by any party or third party in connection with any evidentiary hearing or other proceeding conducted during the course of the Action (collectively, all such documents, material, information, and/or testimony referred to herein as "Discovery Material").

3. As used herein:

(a) "Producing Party" means any party to this Action and/or any third party producing Discovery Material potentially containing Confidential Information in connection with the Action and/or any party designating Discovery Material as Confidential Information.

(b) "Receiving Party" means any party to this Action and/or any non-party receiving Discovery Material potentially containing Confidential Information in connection with the Action.

(c) "Qualified Person" means any person authorized to receive or review Confidential Information pursuant to paragraph 6 herein.

4. Any Producing Party may designate Discovery Material as "Confidential" either by conspicuous notation on the document, statement on the record of the deposition, designation pursuant to paragraph 8 or 10 or 14 herein, or written notice to all counsel of record for each Receiving Party. Any Discovery Material that cannot be designated as Confidential as set forth in this paragraph may be designated in some other conspicuous manner provided written notice of such designation is provided to all counsel of record for each Receiving Party.

5. All Confidential Information must be used solely in connection with this Action, including any and all appeals, and no person receiving such Confidential Information will, directly or indirectly, use, transfer, disclose, or communicate in any way the Confidential Information to any person other than Qualified Persons, as defined in paragraph 6. Any other use or disclosure is prohibited.

6. Except with the prior written consent of the Producing Party or by order of the Court, Confidential Information may only be furnished, shown or disclosed to a Qualified Person, defined as:

(a) the parties to this Action and their current employees and representatives, including in-house counsel, officers, directors, members, insurance adjustors, and other employees, to the extent reasonably necessary for the prosecution and/or defense of claims in this Action;

(b) counsel for the parties to this Action and their associated attorneys, paralegals, and other professional personnel (including support staff) who are directly assisting such counsel in litigation of this Action and are under the supervision or control of such counsel;

(c) copying, imaging, computer services, litigation support or consulting services, and/or other outside vendors retained by a party or its counsel to provide services in connection with this Action who are bound to protect Confidential Information either by their services contract with counsel or the Receiving Party, or by execution ...


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