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Wildman v. American Century Services, LLC

United States District Court, W.D. Missouri, Western Division

November 17, 2016

STEVE WILDMAN, et. al., Plaintiffs,
v.
AMERICAN CENTURY SERVICES, LLC, et. al, Defendants.

          STIPULATED PROTECTIVE ORDER

          GREG KAYS, CHIEF JUDGE

         Pending before the Court is the Parties' Joint Motion for Protective Order (Doc. 39), filed pursuant to Federal Rule of Civil Procedure 26(c). Adopting the parties' joint request, the Court GRANTS the motion and ORDERS as follows:

         1. Any party to this litigation and any non-party shall have the right to designate as “Confidential” and subject to this Order any information, document, or thing, or portion of any document or thing (hereinafter “Documents”): (a) that contains trade secrets, competitively sensitive technical, marketing, financial, sales or other confidential business information, or (b) that contains private or confidential personal information, or (c) that contains information received in confidence from third parties, or (d) which the producing party otherwise believes in good faith to be entitled to protection under Rule 26(c)(1)(G) of the Federal Rules of Civil Procedure (“Confidential Material”). Any party to this litigation or any non-party witness covered by this Order, who produces or discloses any Confidential Material (the “Producing Party”), including without limitation any information, document, thing, interrogatory answer, admission, pleading, or testimony, shall mark the same with the following legend: “CONFIDENTIAL.”

2. All Confidential Material shall be used by the party that receives such material (the “Receiving Party”) solely for purposes of the prosecution or defense of this action, shall not be used by the receiving party for any business, commercial, competitive, personal or other purpose, and shall not be disclosed by the receiving party to anyone other than those set forth in Paragraph 3, unless and until the restrictions herein are removed either by written agreement of counsel for the parties, or by Order of the Court. This Order has no effect upon, and shall not apply to, a Producing Party's use of its own Confidential Material for any purpose.

         3. Confidential Material and the contents of Confidential Material may be disclosed only to the following individuals under the following conditions:

a. Counsel of record, including outside counsel and relevant in-house counsel for the parties;
b. Expert witnesses or consultants retained by a party or its counsel for purposes of this action, provided that they or someone else employed at the same entity have signed a non-disclosure agreement in the form attached hereto as Exhibit A;
c. Secretarial, paralegal, clerical, duplicating and data processing personnel of the foregoing;
d. The Court and court personnel
e. Court reporters, stenographers, audio personnel, and videographers transcribing or recording depositions or testimony in this Action;
f. Any deponent may be shown or examined on any information, document or thing designated Confidential, provided that such disclosure is reasonably necessary;
g. Vendors retained by or for the parties to assist in preparing for pretrial discovery, trial and/or hearings including, but not limited to litigation support personnel, jury consultants, individuals to prepare demonstrative and audiovisual aids for use in the courtroom or in depositions or mock jury sessions, as well as their staff and clerical employees whose duties and responsibilities require access to such materials, provided that they or someone else employed at the same entity have signed a non-disclosure agreement in the form attached hereto as Exhibit A or have otherwise agreed in writing to non-disclosure;
h. The parties. In the case of parties that are corporations or other business entities, “party” shall mean employees, officers, directors, representatives, general partners, limited partners, and affiliates; provided that such persons are assisting the party with this litigation;
i. A non-party (including a former officer, director, or employee of a Party) who authored or previously received ...

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