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The Cavallo Corp. v. American Zurich Insurance Co.

United States District Court, D. Massachusetts

October 11, 2019

THE CAVALLO CORPORATION, Plaintiff,
v.
AMERICAN ZURICH INSURANCE COMPANY, Defendant.

          THE CAVALLO CORPORATION Mark C. O'Connor Nathaniel C. Donoghue Rich May, P.C.

          AMERICAN ZURICH INSURANCE COMPANY Allen N. David, Scarlett M. Rajbanshi, Lincoln A. Rose, Peabody & Arnold LLP

          STIPULATED AGREEMENT AND PROTECTIVE ORDER FOR CONFIDENTIALITY OF INFORMATION

          George A. O'Toole Jr. Senior United States District Judge.

         By and through their counsel of record in the above-captioned matter (the “Action”), The Cavallo Corporation and American Zurich Insurance Company (individually, a “Party”, and collectively, the “Parties”) hereby stipulate and agree to the following Stipulated Agreement and Protective Order (the “Agreement”) to protect and preserve certain confidential, proprietary, and/or privileged information and documents that may be disclosed in this Action from use or disclosure outside of this Action. The provisions of this Agreement shall apply to testimony, documents, or information provided by a non-party in discovery proceedings who agrees to be bound by the terms of this Agreement or as may be agreed by the Parties or designated by a Party as set forth herein. Reference to a “Party” or the “Parties” herein shall also include such non-parties.

         NOW THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree that the following provisions shall govern the handling of confidential, proprietary, and/or privileged information, documents, and testimony in this Action.

         1. Covered Material. This Action concerns an insurance coverage dispute involving interpretation of several policy terms and these discovery proceedings will necessarily involve the production of certain information and/or documents that the disclosing Party believes to be privileged or confidential, sensitive and/or proprietary commercial, financial or business information (collectively, “Confidential Material”). This Agreement shall apply to all documents produced, all information disclosed, and all testimony provided by any Party to this Action in the course of discovery in this Action (including electronically stored information or “ESI”) which constitute Confidential Material. Confidential Material shall not include any information or documents which are now or become in the future publicly available.

         2. Confidential Material. Confidential Material shall be designated as Confidential by conspicuously stamping or otherwise labeling any document, ESI or other tangible item produced with the legend “CONFIDENTIAL - SUBJECT TO CONFIDENTIALITY AGREEMENT” or the legend “CONFIDENTIAL”.

         In the case of depositions and the information and testimony contained in depositions (including exhibits), a Party may designate such testimony, information and exhibits as Confidential Material on the record that it considers Confidential, or a Party may so designate such testimony or exhibit(s) by giving written notice to opposing counsel within thirty (30) days of receipt of the transcript. The following legend shall be placed on the front of the original deposition transcript and each copy of the transcript containing Confidential Material: “CONFIDENTIAL - SUBJECT TO CONFIDENTIALITY AGREEMENT” or the legend “CONFIDENTIAL” and each page of the transcript containing designated Confidential Material. ESI, to the extent produced in native or like format, may be designated as Confidential Material by specifically identifying such ESI as CONFIDENTIAL on the material itself, by including the terms “CONF” as a parenthetical suffix to the native file name (e.g., “ABC-000001 (CONF)” and describing such convention when producing documents.

         3. Use of Confidential Material. All Confidential Material shall be used solely for the prosecution or defense of this Action. The Parties recognize and agree that this Agreement is not intended to prevent, nor shall it prevent, the good faith prosecution or defense of the Action by any Party in any manner whatsoever.

         4. Disclosure of Confidential Material. Without limiting the generality of the foregoing paragraph, Confidential Material may be disclosed only in support of the prosecution or defense of this Action and only to the following persons:

a) the Parties, including all officers, directors, employees, agents and representatives (including in-house counsel) of the Parties;
b) outside counsel for any Party to this Action, including all secretaries, paralegals, and clerical personnel employed by outside counsel and all independent photocopying, document handling, or ESI vendors hired by a Party or outside counsel;
c) independent experts or consultants retained by a Party or its counsel for the purposes of assisting with the prosecution or defense of the Action, subject to the provisions of Paragraph 5 herein;
d) the Court in which this Action is pending, that Court's clerks and other staff, and any certified court reporter, stenographer, typist, or videographer who transcribes or records ...

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