Fischer v. United States Life Insurance Company in the City of New York et al

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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
WESTERN DIVISION
RONALD F. FISCHER, 	)
)
Plaintiff, 	)
)
v. 	) 	Case No.: 1:19-cv-00152-DMT-CRH
)
UNITED STATES LIFE INSURANCE 	)
COMPANY IN THE CITY OF NEW YORK 	)
AND AMERICAN INTERNATIONAL 	)
GROUP, INC., DISABILITY INSURANCE 	)
SPECIALISTS, LLC, AND HARTFORD 	)
LIFE AND ACCIDENT INSURANCE 	)
COMPANY 	)
)
Defendants. 	)
STIPULATED PROTECTIVE ORDER
The parties have agreed that it is in their best interest to protect the confidentiality of
certain information that may be exchanged in this matter. Pursuant to the stipulation of the
parties and the Court being advised in the premises,
IT IS HEREBY ORDERED THAT:
1. 	Use of Documents: 	All documents and information produced in discovery in
this case shall be used by the opposing party and their attorneys or agents only for the purposes
of this litigation and for no other purpose. Nothing in this Agreement limits a party’s right to use
its own documents or information, or documents or information obtained from an independent
source.
2. 	Confidential 	Information: 	“Confidential 	Information” 	means 	any 	type 	of
information 	that 	is 	designated 	as 	confidential 	by 	the 	producing 	party 	and 	is 	technical,
commercial, proprietary, or financial information that is used in the producing party’s business,
which the producing party takes reasonable measures to keep a secret and is not readily
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ascertainable through proper means by the public.
3. 	Persons Eligible to View Confidential Information: Only “Qualified Persons” are
authorized to view Confidential Information in this case. Qualified Persons are defined as:
(a) 	The parties;
(b) 	Attorneys of record in this case and their supporting staff;
(c) 	Court reporters, stenographers, clerks, law clerks, and personnel employed
by the Court;
(d) 	Officers, directors, and/or employees expressly designated by each party
who agree to be bound by the terms of this Order;
(e) 	Any person, including experts retained by either party for purposes of this
case, that an attorney of record in this case reasonably believes needs to
review Confidential Information to assist in this case;
(f) 	Any other person who is designated as a Qualified Person by Order of the
Court, after notice to all parties, or who, by written agreement of the
parties, is designated as a Qualified Person;
(g) 	Any person designated as a Qualified Person under paragraphs (3)(d),
(3)(e), 	and 	(3)(f), 	above, 	must 	complete 	and 	sign 	a 	Confidentiality
Statement in the form of Exhibit A, attached hereto. A copy of that
Statement must be given to the other party before access is allowed to the
Confidential Information.
4. 	Method 	of 	Designation: 	Documents 	and 	things 	produced 	which 	contain
“Confidential Information” shall be designated as such by marking each page of the document or
thing at or before the time of production with the word “CONFIDENTIAL.” In lieu of marking
the original document, a party may mark copies that are produced or exchanged, before or after
the inspection of the originals by the other party. 	The designation of materials as confidential
constitutes a representation by the designating party and its counsel that they, in good faith,
believe that the material so designated contains or constitutes information which is properly the
subject of this Protective Order.
5. 	Effect of Designation and/or Failure to Designate: 	Designation of materials as
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Confidential is a representation by the designating person that there is a valid basis for such
designation. Failure to designate materials as Confidential shall not be used against any party or
person as an admission or concession that the materials are not eligible for designation, nor shall
it constitute, be construed as, and/or have the effect of, a waiver of any kind. In the event that a
person inadvertently fails to designate materials as Confidential, any person to whom the
materials were produced, shall, upon written notice, designate, and thereafter treat, such
materials as though designated as Confidential.
6. Use of Confidential Information: Confidential Information shall not be (i) made
available, directly or indirectly or through paraphrasing, by the party receiving it to any persons
or entities other than Qualified Persons; or (ii) used by the receiving party for any purpose other
than in connection with this case.
7. Designation of Confidential Information at Depositions: Information disclosed at
a deposition may be designated as Confidential Information by indicating (i) on the record at the
deposition that the particular testimony is Confidential Information and subject to the provisions
of this Protective Order, or (ii) by indicating in writing within 20 days of receipt of the transcript
by counsel that the particular testimony is Confidential Information and subject to the provisions
of this Protective Order. Until the 20-day period passes, the material is to be treated as if
Confidential Information. If the twenty (20) day period passes without the material being so
designated, such information will be deemed free of this Protective Order.
8. Use of Confidential Information at Depositions: Notwithstanding any other
provision of this Protective Order, a party may, in a deposition, show any witness Confidential
Information if that witness (i) has previously seen the document, (ii) is entitled to see, in a
manner which does not violate the terms of this Protective Order, the document, or (iii) agrees to
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11. 	Filing and Use of Confidential Material in Court: 	All discovery and other
material filed with the Court including, inter alia, transcripts of depositions, exhibits, briefs and
memoranda, which comprise or contain Confidential Information shall be filed and kept by the
be bound by this protective order, by executing Exhibit A. Furthermore, notwithstanding any
other provision in this Protective Order, a party may, in a deposition, show any director, officers,
employee, consultant or agent of the other party any document or thing produced by the other
party which, (i) has been designated as Confidential Information, or (ii) was designated as
Confidential Information by the offering party.
9. Inapplicability of Protective Order: This Protective Order shall not apply to
information that: (i) was, is, or becomes public knowledge (not by a violation of this Protective
Order); (ii) was or is acquired from a third party possessing such information and having no
obligation of confidentiality to the designating party; (iii) was already in the receiving party’s
possession; or (iv) was information to which the receiving party was already a party, e.g., as the
named recipient of an email or letter or as a party to a contract.
10. Challenging Confidentiality Designations: A party shall not be obligated to
challenge the propriety of a Confidential Information designation at the time made, and a failure
to do so shall not preclude a subsequent challenge to such designation. In the event that any
party to this case disagrees at any stage of these proceedings with the designation of any
information as confidential, that party shall notify the party asserting confidentiality in writing as
to specific objections, along with the bases for the objection. The parties shall then confer in a
good faith effort to resolve any differences. If the dispute cannot be resolved, the objecting party
may seek appropriate relief from this Court and the party asserting confidentiality shall have the
burden of proving the same.
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This envelope (container) contains documents (objects) subject to
the protective order entered in this action. It is not to be opened nor
the contents thereof displayed, revealed or made public, except by
order of the Court.
12. 	Return 	of 	Material 	Subject 	to 	Protective 	Order: 	As 	to 	all 	Confidential
Information, within 60 days after the conclusion of this case, including all appellate proceedings,
originals 	or 	reproductions 	of 	any 	documents 	or 	things 	produced 	by 	a 	party 	containing
Confidential Information shall be returned to the producing party or destroyed, except as
required by law. Moreover, the office of each principal counsel may retain for its archive a single
copy of any such materials. Principal counsel may also retain all exhibits, deposition transcripts,
correspondence and papers filed with the Court clerk. 	There shall be no restrictions on the
disclosure or use of any trial exhibits, unless the exhibits were filed under seal and the Court has
not lifted any such restriction on the same.
13. 	Binding Order and Survival of Proceeding: 	Insofar as the provisions of this
Protective Order restrict the communication and use of documents or objects, such Order shall
continue to be binding throughout this case and after its conclusion and until modified,
superseded, or terminated by Order of the Court or by agreement of the parties. Either party in
this case may seek the written permission of the producing party or further order of the Court
with respect to dissolution or modification of this Protective Order.
14. 	Non-Waiver of Rights: This Order shall not constitute a waiver of any right(s)
to:
Court clerk in sealed envelopes or other appropriately sealed containers on which shall be
endorsed the title of this action, an indication of the contents of such sealed envelope or other
container, the identity of the party filing the materials, the word “CONFIDENTIAL” and a
statement substantially in the following form:
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(a) 	Object 	to 	any 	discovery 	request 	and 	withhold 	information 	and/or
materials on the ground of attorney/client privilege, work product or
otherwise;
(b) 	Object to the introduction of any materials as evidence at any hearing in
this matter;
(c) 	Seek other and further protections as to any materials that may be offered
or admitted as evidence at any hearing in this matter; or
(d) 	File any other motions that may be permitted by any applicable law or
court rule.
Nothing in this Protective Order shall constitute an admission or waiver of any objection, claim
or defense by any person or party.
15. 	Effect on Third Parties: 	Third parties who are compelled to produce documents
or other evidence may do so under this Protective Order.
16. 	Modifications to Order: 	Any person with proper standing may, on motion or
other request to the Court and for good cause shown, seek a modification of this Order. 	No
modification of this Order that adversely affects the protection of any materials produced by a
person shall be entered without first giving the person appropriate notice and an opportunity to
be heard.
17. 	Advice of Counsel: 	Nothing in this Order shall bar or otherwise restrict any
counsel for a party from rendering advice to his client with respect to this case and, in the course
thereof, relying upon his or her examination of materials designated confidential.
18. 	Violations: 	Any person who violates this Protective Order may be subject to
sanctions, including injunctive relief, contempt orders, monetary damages, or other penalties to
be determined by the Court.
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Approved for entry:
/s/ Michelle T. Czapski
Michelle T. Czapski
BODMAN PLC
Attorney for US Life, AIG, Inc., and DIS
/s/ Randall Bakke
Randall Bakke
BAKKE GRINOLDS WIEDERHOLT ATTORNEYS
Attorney for Plaintiff
/s/ Eric Mathisen
Eric Mathisen
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
Attorney for Hartford
Dated this 2nd day of October, 2020
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court
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CONFIDENTIALITY STATEMENT
I, 	, state that:
[Printed Name]
1. 	My address is 	.
2. 	My present employer is 	.
3. 	My present occupation or job description is 	.
4. 	I have received a copy of the Stipulated Protective Order (“Protective Order”)
entered in United States District for the District of North Dakota Court Case styled as Ronald
Fischer v. United States Life Insurance Co. et al, Case No. 1:19-cv-00152-DLH-CRH.
5. 	I have carefully read and understand the provisions of the Protective Order. I will
comply with all of the provisions, including holding in confidence and not disclosing to anyone
not qualified under the Protective Order, any Confidential document, or information contained
in a Confidential document.
6. 	I hereby consent to be subject to personal jurisdiction of the United States
District Court for the District of North Dakota in respect to any proceeding relative to the
enforcement of the Protective Order.
_________________________________
Signature
_________________________________
Date
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