Kepida Contracting, LLC v. Kovilic Construction Company, Inc.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
WESTERN DIVISION
THIS MATTER having come before the Court on Defendant Kovilic Construction
Company, Inc.’s Unopposed Motion for Protective Order, and the Court having been informed
of the circumstances and that no party opposes this relief, hereby FINDS that good causes
exists to enter the protective order agreed by the parties.
It is hereby ORDERED that Defendant may produce the construction project file as
Bates Nos. 711 to 33130. These Bates numbered documents shall be treated as confidential
and may only be used for purposes germane to this lawsuit.
It is further ORDERED that no objections, privileges, or immunities shall be waived
by Defendant by the production of Bates Nos. 711 to 33130. In the event that Defendant later
identifies an objection to the production of any particular document, including, but not
limited to, attorney-client privilege, work product, confidential employee information, or
information protected by HIPAA, Defendant shall provide Plaintiff with written notice of the
assertion of privilege that requests return of the document. If Plaintiff chooses to contest the
objection, privilege, or immunity, the parties may present this issue to the Court.
KEPIDA CONTRACTING, LLC,
Plaintiff,
v.
KOVILIC CONSTRUCTION COMPANY, INC.
AND SWISS RE CORPORATE SOLUTIONS
AMERICA INSURANCE COMPANY.
Defendant.
STIPULATED
PROTECTIVE ORDER
Case No. 1:24-CV-254
Case 1:24-cv-00254-DMT-CRH Document 31 Filed 10/30/25 Page 1 of 2

Finally, the original and all copies of those documents Bates numbered 711 to 33130
shall either be returned to counsel for defendant or destroyed at the conclusion of this
litigation, subject only to Plaintiff’s counsel retaining a copy for his files.
Dated this 30th day of October, 2025.
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court
AGREED:
/s/ Steve Leibel
Counsel for Defendants
/s/ RJ Pathroff (approved via e‐mail 10‐28‐2025)
Counsel for Plaintiff
Case 1:24-cv-00254-DMT-CRH Document 31 Filed 10/30/25 Page 2 of 2