RUBEN DON, Individually, and on behalf of those persons similarly situated, Plaintiff,
UNUM LIFE INSURANCE COMPANY OF AMERICA; WEDNER INSURANCE GROUP, INC. dba THE MORTON WEDNER INSURANCE AGENCY, and DOES 1-30, Defendants.
SIDLEY AUSTIN LLP, Joshua E. Anderson, Attorneys for Defendant Unum Life, Insurance Company of America,
SHENOI KOES LLP, Allan A. Shenoi, Attorneys for Plaintiff Ruben Don,
LEWIS BRISBOIS BISGAARD & SMITH LLP, Michael B. Magloff, Attorneys for Defendant Wedner Insurance Group.
STIPULATED PROTECTIVE ORDER
VICTOR B. KENTON, Magistrate Judge.
Plaintiff Ruben Don and Defendants Unum Life Insurance Company of America and Wedner Insurance Group Inc. (collectively, the "Parties") agree that disclosure and discovery activity in this action is likely to involve production of confidential, proprietary, or private information for which special protection from public disclosure and from use for any purpose other than prosecuting this litigation may be warranted. Accordingly, the Parties, through their attorneys of record, and for good cause, hereby stipulate to, and petition the Court to enter the following Stipulated Protective Order ("Order").
1. "Confidential" Materials. "Confidential" materials are documents or information that fall within one of more of the following categories: (a) information that reveals trade secrets; (b) proprietary research, technical, commercial, or financial information; (c) personal identity information; or (d) medical information concerning any individual. Information or documents that are available to the public may not be designated as "Confidential." A party disclosing or producing the information, documents or things that it believes to be "Confidential" may designate the same as "Confidential" or by using some similar designation, or by designating in writing (by correspondence or otherwise) that some or all documents produced are "Confidential." A party shall make the designation of "Confidential" only as to material which that party reasonably and in good faith believes is confidential and entitled to protection under Federal Rule of Civil Procedure 26(c). Any such designation shall be made at the time answers to interrogatories or answers to requests for production are served; or at the time that tangible things or copies of the documents are furnished to a party conducting such discovery. If upon review any party believes that any documents, information, or tangible items designated by a designating party are not "Confidential" as defined herein above, then the party may challenge such designation under the procedures set forth in paragraph 12 below.
2. Scope of "Confidential" Designation. The special treatment accorded the documents designated "Confidential" under this Order shall reach:
(a) All documents designated "Confidential" under the terms of this Order;
(b) All copies of such documents;
(c) Any deposition transcript or exhibit, or portion thereof, that discusses such documents;
(d) Any portion of any discovery answer or response, affidavit, declaration, brief or other paper, filed with the Court, or as an exhibit to such paper that discusses such documents;
(e) Any deposition transcript or portion thereof that is designated "Confidential" under the terms of this Order; and
(f) All information contained in such documents or depositions.
3. Restrictions on Disclosure of "Confidential" Materials. Except with written prior consent of all parties and except as provided elsewhere in this Order, all materials produced in this suit that are designated "Confidential" shall be used solely for the preparation and trial of this suit (including any appeals and retrials), and shall not be used for any other purpose, including business, governmental or commercial, or in any other administrative, arbitration or judicial proceedings or actions. Materials designated "Confidential, " and all information in them, may ...