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Amica Mutual Insurance Co. v. BrassCraft Manufacturing Company

United States District Court, D. Nevada

May 1, 2019

AMICA MUTUAL INSURANCE COMPANY, a/s/o Sarkis Tabakian and Kohar Tabakian, Plaintiff,

          ALVERSON TAYLOR & SANDERS, KURT R BONDS, ESQ. Counsel for Plaintiff Amina Mutual Insurance Company.

          ARMSTRONG TEASDALE LLP, MICHELLE D. ALARIE, ESQ. CHRISTOPHER D. BAUCOM, ESQ., ARMSTRONG TEASDALE LLP Attorneys for Defendant/Third-Party Plaintiff Brasscraft Manufacturing Company


         This Stipulated Confidentiality and Protective Order (“Protective Order”) is stipulated and entered into by and between Defendant Brasscraft Manufacturing Company (“BrassCraft”) and Plaintiff Amica Mutual Insurance Company (“Amica”), by and among the undersigned counsel, acting for, on behalf of, and with the express authorizations and approval of BrassCraft and Amica (each a “party” and, collectively, the “parties”). The parties, subject to the approval of this Court, stipulate and agree that the following Protective Order shall govern the handling of documents and materials, including but not limited to deposition testimony, deposition exhibits, interrogatory responses, admissions, documents produced, tangible things, and any other information produced, given, or exchanged by and among the parties and any non-parties to the above-captioned litigation through formal or informal discovery.

         WHEREAS, on July 2, 2018, Amica filed a Complaint against BrassCraft contending that it is entitled to recover damages from BrassCraft due to an alleged defective BrassCraft product installed in its insured's residence that allegedly caused water damage to the residence and personal property therein. BrassCraft thereafter filed a Third-Party Complaint against Accuflex Industrial Hose, Ltd. (“Accuflex”) contending that the product's alleged failure, if any, was due to a defective part within the product manufactured and supplied to BrassCraft by Accuflex.

         WHEREAS, disclosure and discovery activity in this action are likely to involve production of confidential, proprietary, or private business information, including without limitation product design and manufacturing schematics, for which special protection from public disclosure and from use for any purpose other than prosecuting this litigation may be warranted.

         WHEREAS, the parties have an interest in preserving and maintaining the confidentiality of any confidential, proprietary, and/or private business information from public view or dissemination.

         NOW, THEREFORE, the undersigned counsel, BrassCraft, and Amica hereby stipulate and petition this Court as follows:

         A. Definitions

         2. “Designating Party” means a party or third-person that produces information in discovery that is deemed “Confidential” pursuant to this Order.

         1. “Document, ” whether used in the singular or plural, means any document or electronically-stored information as set forth in the Federal Rules of Civil Procedure.

         3. “Confidential Information” means any information that is designated as such by a Designating Party. Information may be designated “Confidential” only if the Designating Party has a good-faith basis for believing the information: (a) is confidential under federal or state law or regulations; or (b) contains sensitive personal, financial, or professional information that is generally unavailable to the public and that, if made available to the public, may be injurious to that party's personal, financial, or professional interests.

         4. “Filing Party” shall mean any party who seeks to file with the Court documents or other papers reflecting information designated as “Confidential Information.”

         5. “Receiving Party” shall mean any party who receives documents or other papers or items reflecting information designated as “Confidential Information.”

         6. “Privilege” shall mean the attorney-client privilege, the attorney work-product doctrine, or any other legally-recognized privilege, doctrine, or protection that may apply to documents or information in this case.

         B. Use of Confidential Information

         1. Any and all Confidential Information produced or exchanged in the course of this litigation shall be treated as confidential and shall be used solely for the prosecution and defense of this litigation and for no other purpose. No. Confidential Information shall be revealed, disclosed, or made available for inspection and copying to any person who is not permitted to see it pursuant to the terms of this Order without express written consent of the Designating Party. Before receiving access to any of the Confidential Information, each person described in Paragraphs 2(f) through 2(j) shall execute an agreement to be fully bound by this Protective Order in the form of Exhibit A, attached hereto.

         2. Except as specifically provided for in this Protective Order or subsequent orders of this Court, discovery materials designated “Confidential” or their contents shall not be revealed, disclosed, or otherwise made known to any persons, other than the following listed below. The parties and their counsel agree that the Confidential Information provided under this agreement and Protective Order shall only be used to investigate, analyze, defend, and resolve the claims asserted in the above-captioned lawsuit.

a) Counsel of record in this action;
b) Employees of counsel of record in this action;
c) This Court;
d) Court reporters employed in connection with this litigation;
e) Special masters, settlement judges and/or mediators;
f) Outside vendors who are necessary to assist counsel of record in this action in the preparation and ...

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