United States District Court, D. New Mexico
AGREED PROTECTIVE ORDER AND STIPULATION
HONORABLE CARMEN E. GARZA CHIEF UNITED STATES MAGISTRATE
MATTER is before the Court on the parties'
Joint Motion for Protective Order, (Doc. 41), filed
June 14, 2019. The Court, having been advised and upon the
consent and stipulation of Plaintiff, Maria McCaslin, and
Defendant, Allstate Indemnity Company
(“Allstate”) (collectively the
“Parties”) enters the following Agreed Protective
Order and Stipulations (Agreement and Order):
DEFINITIONS AND BACKGROUND INFORMATION:
As used in this order, the word:
“Party” or “Parties” shall include
Maria McCaslin and Allstate, and each of their employees,
agents, representatives, and attorneys (including both
outside counsel and inside counsel).
“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
“Confidential Material” or “Confidential
Document” shall mean 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 information 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.
“Discovering Party” shall mean the Party who has
requested the production of documents designated as
Confidential Material under this Agreement and Order.
“Producing Party” shall mean the Party who has
produced documents designated as Confidential Material under
this Agreement and Order.
Allstate's Trade Secrets and Proprietary
Allstate contends the documents requested by Maria McCaslin
and designated Confidential Material represent and/or reflect
trade secrets or other confidential and proprietary research,
development or commercial information. The parties agree
Allstate has a legitimate interest in protecting trade
secrets, confidential and proprietary information. The
parties agree the protections within this agreement are
Allstate affirmatively states the documents produced under
the order are not produced without appropriate protections.
Allstate states the materials are confidential and
proprietary, and Allstate makes every effort to protect them.
Nature of this Agreement and Order:
nature of this agreement and order is to protect
Allstate'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 Allstate's trade
secrets, confidential or proprietary information could cause
irreparable and significant harm to Allstate and its members.
This Agreement and Order is intended to prevent this
foreseeable harm and any related unforeseeable harm.
Public Health & Safety Not At Issue:
documents and information at issue do not involve the public
health and safety, a public entity, or issues important to
the general public.
Good Faith Discovery Cooperation:
the purpose of this Agreement and Order and the desire of
Allstate to make the broadest range of reasonably relevant
documents available to Maria McCaslin, without waiving any
trade secrets, privilege, or otherwise proprietary
information and without subjecting the parties and the Court
to numerous discovery motions.
Reliance on this Agreement:
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
SCOPE OF AGREEMENT AND PROTECTIVE ORDER:
Purpose of This Agreement and Order:
the purpose of this Agreement and Order that Allstate will be
provided reasonable assurance that:
The documents produced by Allstate will be used in this
litigation and this litigation only; 2.1.2 The documents
produced by Allstate will not be used for commercial
purposes; 2.1.3 The documents ...