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Church on the Move Inc. v. Brotherhood Mutual Insurance Co.

United States District Court, D. New Mexico

December 18, 2018

CHURCH ON THE MOVE, INC., Plaintiff,
v.
BROTHERHOOD MUTUAL INSURANCE COMPANY, Defendant.

          DALY & BLACK, P.C. Richard Daly CHAPMAN AND PRIEST, P.C. Ada B. Priest Mitchell J. Freedman Attorneys for Brotherhood Mutual

          AGREED PROTECTIVE ORDER AND STIPULATION

          HONORABLE CARMEN E. GARZA CHIEF UNITED STATES MAGISTRATE JUDGE

         THIS MATTER is before the Court on the parties' Joint Motion for Protective Order, (Doc. 28), filed December 17, 2018. The Court, having been advised and upon the consent and stipulation of Plaintiff, Church on the Move, Inc. (“Church”), and Defendant, Brotherhood Mutual Insurance Company (“Brotherhood”) (collectively the “Parties), enters the following Agreed Protective Order and Stipulations (Agreement and Order):

         1.0 DEFINITIONS AND BACKGROUND INFORMATION:

         1.1 As used in this order, the word:

1.1.1 “Party” or “Parties” shall include the Church and Brotherhood, and each of their employees, agents, representatives, and attorneys (including both outside counsel and inside counsel).
1.1.2 “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.
1.1.3 “Confidential Material” shall mean the training materials and proprietary documents contained in the underwriting file produced in response to Requests for Production of Documents as well as any confidential or proprietary documents, data, or information concerning the proprietary documents contained in the underwriting file and training materials provided in response to other written discovery requests, interrogatory answers or deposition testimony. All Confidential Materials (including interrogatory answers) shall be Bates stamped and marked as confidential with a watermark or legend. By agreement between the Parties (confirmed in writing) additional documents may be designated as Confidential Material subject to the terms of this Stipulation and Order.
1.1.4 “Discovering Party” shall mean the Party who has requested the production of documents designated as Confidential Material under this Agreement and Order.
1.1.5 “Producing Party” shall mean the Party who has produced documents designated as Confidential Material under this Agreement and Order.

         1.2 Brotherhood's Trade Secrets, Proprietary and Confidential Information:

         Brotherhood contends the documents the Church has requested, and which Brotherhood maintains and designates herein as Confidential Material represent and/or reflect Brotherhood's trade secrets or other confidential and proprietary research, development or commercial information. Brotherhood further contends it has a legitimate interest in protecting trade secrets, confidential and proprietary information with respect to the proprietary documents contained in the underwriting file and training materials.

         1.3 Nature of this Agreement and Order

         The nature of this agreement and order is to protect Brotherhood's 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 Brotherhood's trade secrets, confidential or proprietary information could cause irreparable and significant harm to Brotherhood. This Agreement and Order is intended to prevent this foreseeable harm and any related unforeseeable harm.

         1.4 Public Health & Safety Not At Issue

         The documents and information at issue do not involve the public health and safety, a public entity, or issues important to the general public.

         1.5 Good Faith Discovery Cooperation:

         It is the purpose of this Agreement and Order and the desire of Brotherhood to make the broadest range of reasonably relevant documents available to the Church, without waiving any trade secrets, privilege, or otherwise proprietary information and without subjecting the parties and the Court to numerous discovery motions.

         1.6 Reliance on this Agreement

         The Parties agree to limit dissemination of any documents and information as set forth in this Agreement and Order and are materially relying on the representations and covenants contained within.

         2.0 SCOPE OF AGREEMENT AND PROTECTIVE ORDER:

         2.1 Purpose of This Agreement and Order:

         It is the purpose of this Agreement and Order that Brotherhood will be provided reasonable assurance that:

2.1.1 The Confidential Material produced by Brotherhood will be used in this litigation and ...

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