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McCaslin v. Allstate Indemnity Co.

United States District Court, D. New Mexico

June 17, 2019

MARIA MCCASLIN, Plaintiff,
v.
ALLSTATE INDEMNITY COMPANY, Defendant.

          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. 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):

         1.0 DEFINITIONS AND BACKGROUND INFORMATION:

         1.1 As used in this order, the word:

         1.1.1 “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).

         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” 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.

         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 Allstate's Trade Secrets and Proprietary Information:

         1.2.1 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 adequate.

         1.2.2 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.

         1.3 Nature of this Agreement and Order:

         The 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.

         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 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.

         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 Allstate will be provided reasonable assurance that:

         2.1.1 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 ...


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