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Salopek v. Zurich American Life Insurance Co.

United States District Court, D. New Mexico

June 20, 2018


          Daniel J. O'Brien O'BRIEN & PADILLA, P.C. Counsel for Defendant Zurich American Life Insurance Company

          Randi McGinn McGINN, MONTOYA, LOVE & CURRY Counsel for Plaintiff Marcie Salopek, Trustee for The Salopek Family Heritage Trust



         THIS MATTER is before the Court on the parties' Stipulation for Entry of Protective Order, (Doc. 35), filed June 19, 2018. Upon the stipulation of the parties, IT IS HEREBY ORDERED:

         The Court recognizes that some documents and information (“Materials” as defined herein) being sought through discovery in the above-captioned action may be considered confidential by the producing parties for competitive reasons or to protect personally identifying health information and confidential medical records (“Confidential Information” as defined herein). The parties have agreed to be bound by the terms of this Protective Order (“Order”) in this action to facilitate document production and disclosure, and to protect the interests of the parties in their Confidential Information. This Order also applies to any nonparty from whom discovery may be sought who desires the protections provided herein. This Order shall remain in effect unless modified pursuant to the terms contained in this Order.

         1. Definitions. The following Definitions shall apply in this Order:

a. The term “Confidential Information” will mean and include any confidential or proprietary technical, scientific, financial, business, health, or medical information, including information in any form that identifies an individual in any manner and relates to the past, present, or future care, services, or supplies relating to the physical or mental health or condition of such individual, the provision of health care to such individual, or the past, present, or future payment for the provision of health care to such individual, that is contained or disclosed in any Materials and is deemed to be Confidential Information by any party to which it belongs.
b. The term “Materials” will include, but is not be limited to: documents; correspondence; memoranda; financial information; email; materials that identify customers or potential customers; pricing materials; underwriting materials; minutes; letters; statements; cancelled checks; contracts; invoices; drafts; books of account; worksheets; forecasts; notes of conversations; desk diaries; appointment books; expense accounts; recordings; photographs; motion pictures; sketches; drawings; notes of discussions with third parties; and business reports.
c. The term “Counsel” will mean outside counsel of record, and other attorneys, paralegals, secretaries, clerks, assistants, and other support staff employed in or contracted by the following law firms: Steptoe & Johnson LLP; O'Brien & Padilla, P.C.; McGinn, Montoya, Love & Curry; and Troy Gould, P.C.

         2. Designating Information and Materials “CONFIDENTIAL.” Each party or nonparty to this litigation that produces or discloses any Materials, answers to interrogatories, responses to requests for admission, responses to subpoenas, deposition testimony, or information that the producing party or nonparty believes should be subject to this Protective Order may designate the same as “CONFIDENTIAL.” Plaintiff's counsel designates “CONFIDENTIAL” all of Mr. Salopek's medical information, whether obtained by Zurich in the application process, obtained through a medical release provided in this litigation, produced by plaintiff, or obtained from some other source. Plaintiff will stamp “CONFIDENTIAL” those medical records produced directly in litigation. Zurich should stamp “CONFIDENTIAL” all medical records it obtained in the application process and through a medical records release.

         3. Use of Confidential Information in Depositions. Whenever a deposition taken on behalf of any party involves the disclosure of Confidential Information of any party or nonparty:

a. The deposition or portions of the deposition may be designated as containing Confidential Information subject to the provisions of this Order; such designation must be made on the record whenever possible, but a party may designate portions of depositions as containing Confidential Information after transcription of the proceedings; a party will have until thirty (30) days after receipt of the deposition transcript to inform the other party or parties to the action of the portions of the transcript to be designated “CONFIDENTIAL.”
b. The disclosing party will have the right to exclude from attendance at the deposition, only during such time as the Confidential Information is to be disclosed, any person other than the deponent, Counsel (including their staff and associates), the court reporter, and the person(s) agreed upon pursuant to paragraph 5 below; and
c. The originals of the deposition transcripts and all copies of the deposition must bear the legend “CONFIDENTIAL” as appropriate, and the original or any copy ultimately presented to a court for filing must not be filed unless it can be accomplished under seal, identified as being subject to this Order, and protected from being opened except by order of this Court.

         4. Service on Nonparties from whom Discovery Is Sought. The parties shall serve a copy of this Order simultaneously ...

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