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Schmitz v. Benefitfocus.Com, Inc.

United States District Court, W.D. North Carolina, Charlotte Division

February 17, 2017


          S. Luke Largess, Cheyenne Chambers TIN, FULTON, WALKER & OWEN, PLLC Attorneys for Plaintiff

          Jennifer Theim, Marla T. Reschly Rebecca Gauthier K&L GATES LLP Attorneys for Defendant

          Debbie W. Harden, Katherine T. Lange, Brandie N. Smith WOMBLE CARLYLE SANDRIDGE & RICE Attorneys for Defendant Hartford Life and Accident Insurance Company


          David C. Keesler United States Magistrate Judge

         THIS STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER is made between and among the parties to the above-captioned action on the date so indicated below.

         WHEREAS, discovery, including but not limited to interrogatories, document requests, requests for admission and depositions, in the above-captioned action will involve the production of information that the producing parties assert is confidential, personal, sensitive, proprietary, trade secret, commercial, financial and/or business information; WHEREAS, the parties agree to the terms herein, and to stipulate to the entry of an Order concerning confidential and otherwise sensitive business or proprietary information, and to facilitate the preservation of such confidential material, the parties agree to adhere to the terms herein regardless of whether the Court enters this Stipulated Confidentiality And Protective Order (“Order”) as an order of the Court.

         WHEREAS, The Parties agree that once documents are labeled as Confidential and filed under Seal with the court, the documents are proprietary information and if released would damage Defendants competitively in the marketplace and may involve private medical information regarding Plaintiff's deceased husband or insurance records of other individuals whose identities should be reasonably protected.


         1. Scope

         This Order includes in its scope any documents, electronically stored information, or other information produced, or disclosed in the above-captioned litigation (“Action”), whether pursuant to formal or informal discovery requests, correspondence, motions not filed with the court, by subpoena, or through testimony; including all documents and tangible things as defined in the Federal Rules of Civil Procedure, or any applicable local rules; and to all such information produced or disclosed by non-parties to this Action pursuant to subpoena and/or deposition notice (“Litigation Material”). “Action” shall also include any litigation, action, proceeding or supplemental proceeding in any jurisdiction brought to enforce any judgment entered in this Action or any settlement agreement among or between any of the parties hereto.

         2. Use of Litigation Material

         All Litigation Material, disclosed or obtained by or from any person, whether or not a party, in response to any discovery method authorized or permitted by the Federal Rules of Civil Procedure or disclosed through the sealed filing of papers with the Court, shall be used for no purpose other than the prosecution and/or defense of this Action absent further Order of the Court. Nothing in this Order shall be construed to limit, condition or otherwise restrict in any way each party's use of its own Confidential Information. Such disclosure by the producing party shall not waive the protections of this Order and shall not entitle other parties, non-parties or their attorneys to use or disclose such information in violation of the Order.

         3. Confidential Information

         Each party or a non-party in its sole discretion may designate as “Confidential” under the terms of this Order any: (i) Litigation Material such party or non-party produces in this Action; or (ii) Litigation Material produced by any non-party consisting of information concerning one or more parties (“Confidential Information”). Litigation Material may be designated as “Confidential” before or after it has been produced or disclosed.

         4. Designation of Litigation Material as Confidential

         a. Litigation Materials containing Confidential Information shall be so designated by marking the respective pages of the document and where appropriate, the entire document, with the legend “CONFIDENTIAL - Document produced subject to Confidentiality Agreement or Stipulated Protective Order for use only in: Elizabeth Wooten Schmitz v., Inc. and Hartford Life and Accident Insurance Company; WDNC Case No. 3:12-cv-00783-DCK. The confidential designation language will appear as a watermark diagonally across each applicable page. In the event a party produces Litigation Material that it deems to be Confidential Information without designating it as such, the producing party may, by written notice delivered to the receiving party, designate the information Confidential ...

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