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Uhlmeyer v. USAA Casualty Insurance Co.

United States District Court, D. Nevada, Northern Division

December 17, 2019

RYAN E. UHLMEYER, an Individual, Plaintiff,
v.
USAA CASUALTY INSURANCE COMPANY, a Texas Corporation; UNITED SERVICES AUTOMOBILE ASSOCIATION, an Unincorporated Association; DOES I-XXX, and ABC CORPORATIONS A-Z, inclusive, Defendants.

          ROBERT W. FREEMAN, PRISCILLA L. O'BRIANT, MAYRA SALINAS-MENJIVAR, LEWIS BRISBOIS BISGAARD & SMITH LLP Attorneys for Defendants USAA Casualty Insurance Company and United Services Automobile Association.

          LEVERTY & ASSOCIATES LAW CHTD. PATRICK R. LEVERTY, WILLIAM R. GINN, Attorneys for Plaintiff Ryan E. Uhlmeyer

          STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER

         In order to protect the confidentiality of certain information obtained by the parties herein, Plaintiff RYAN E. UHLMEYER, and Defendants USAA CASUALTY INSURANCE COMPANY ("USAA CIC") and UNITED SERVICES AUTOMOBILE ASSOCIATION ("USAA")[1] (collectively, "Defendants"), hereby enter the following Stipulated Confidentiality Agreement and Protective Order ("Protective Order"):

         1. This Stipulated Confidentiality Agreement and Protective Order ("Protective Order") shall govern the use and treatment of information, documents, testimony or other tangible things produced in this action by any party hereto, as well as discovery and document production from third parties, in the above-referenced action. The nature of this Protective Order is to protect defendants USAA CIC and USAA's respective member and business interests in its own intellectual property, information, and processes. The insurance, banking, and investment industries are highly competitive markets, and disclosure of Defendants' trade secrets, confidential or proprietary information could cause irreparable and significant harm to the Defendants and their members. This Protective Order is intended to prevent this foreseeable harm and any related unforeseeable harm.

         2. As used in this Protective Order, the terms "Party" or "Parties" shall include the Plaintiff Ryan E. Uhlmeyer and the Defendants USAA and USAA CIC, an each of their employees, agents, representatives, and attorneys (including both outside counsel and inside counsel).

         3. As used in this Protective Order, the term "Person(s)" shall include any "Party" or non-party to this action, whether an individual, corporation, partnership, company, unincorporated association, governmental agency, or other business or governmental entity.

         4. As used in this Protective Order, the term "Confidential Material" or "Confidential Document" shall refer to any and all documents or other materials produced in response to Requests for Production of Documents as well as any confidential or proprietary documents, data, or any information or documents provided in response to other written discovery requests, interrogatory answers or deposition testimony, that contains: (1) information which any party or non-party believes in good faith to be a trade secret, proprietary information or confidential research, development, commercial, or other proprietary business information within the meaning of Fed.R.Civ.P. 26(c)(1)(G); and (2) documents and/or testimony that may reveal confidential, proprietary, personal, or commercially sensitive information. Such Confidential Material may be contained in any written, printed, recorded, or graphic matter of any kind and shall retain its confidential designation regardless of the medium on which it is produced, reproduced, or stored. Confidential Material includes all documents or information derived from Confidential Material, including excerpts, copies or summaries of Confidential Material. Any party or non-party may designate as Confidential Material (including interrogatory answers) any information or document or other items with a watermark or legend as indicated in paragraphs 8 or 9 below.

         5. As used in this Protective Order, the term "Discovering Party" shall mean the Party who has requested the production of documents, information, testimony or other material designated as Confidential Material under this Protective Order.

         6. As used in this Protective Order, the term "Producing Party" shall mean the Party who has produced documents designated as Confidential Material under this Protective Order.

         7. It is the purpose of this Protective Order that Defendants will be provided reasonable assurance that:

(a) The documents produced by the Defendants, whether jointly or individually, will be used solely and exclusively for the purpose of this specific litigation only and for no other purpose;
(b) The documents produce by the Defendants, whether jointly or individually, will not be used for commercial purposes, including but without limitation, any business, competitive or educational purpose;
(c) The documents produced by the Defendants, whether jointly or individually, will not be used for any non-litigation purposes; and
(d) Such information shall not be disclosed or disseminated to any person, organization, business, governmental body or administrative agency unless ordered by the Court.

         Defendants are relying on this Protective Order, and would not have produced the documents and information otherwise. Defendants' production under this Protective Order does not admit or concede the documents or information are relevant or admissible in this litigation.

         8. Any party or non-party may designate information contained in a document as Confidential Material, the designating party shall mark each page of the document with the word "CONFIDENTIAL" and identify such Confidential Material at the time of production. Confidential Information may be used in the course of depositions in accordance with this Protective Order. Where a document or response consists of more than one page, the first page and each page on which Confidential Material appears shall be so designated.

         9. Defendants may designate any information, document, testimony or other tangible thing disclosed during a deposition, in response to written discovery, or otherwise in connection with this litigation as Confidential Material by so indicating in said response, or on the record at the deposition and requesting the preparation of a separate transcript of such material. Documents may be designated Confidential Material by affixing the legend "CONFIDENTIAL" to each item or document page. Deposition testimony and/or exhibits may be designated Confidential Material either by: (a) stating on the record of the deposition that such deposition, or portion thereof, or exhibit is confidential; or (b) stating in writing served upon counsel of record within thirty (30) days after receipt of the deposition transcript and exhibits that such deposition, or portion thereof, or exhibit is confidential. Transcripts and exhibits from any deposition or hearing shall be temporarily designated as Confidential Material and be treated as subject to the terms of this Protective Order, until counsel for Defendants notifies all other parties of the pages of the transcripts or exhibits which shall remain designated as Confidential Material. If no designation is made within thirty (30) days, the entire transcript and all exhibits will be deemed not confidential. Any other party may object to such proposal, in writing or on the record. Upon such objection, the parties shall follow the procedures described in paragraph 10 below. After any designation made according to the procedure set forth in this paragraph, the designated documents or information shall be treated according to the Confidential designation until the matter is resolved according to the procedures described in paragraph 10 below, and counsel for all parties shall be responsible for making all previously unmarked copies of the designated material in their possession or control with the specified designation.

         10. Except with the prior written consent of other parties, or upon prior order of this Court obtained upon notice to opposing counsel, Confidential Material may only be copied, disclosed, discussed, or inspected, in whole or in part, only for the purposes of this litigation only by the following persons and shall not be disclosed to any person other than:

(a) counsel of record for the respective parties to this litigation, in-house counsel and co-counsel retained ...

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