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Busse v. General Motors, LLC

United States District Court, W.D. Wisconsin

January 10, 2017

TAMARA BUSSE, Individually, and as Administrator of the Estate of Karen M. Busse, Plaintiffs,
v.
GENERAL MOTORS, LLC, Defendant.

          PROTECTIVE ORDER

          STEPHEN L. CROCKER Magistrate Judge

         The Court issues this Protective Order to facilitate document disclosure and production under the Federal Rules of Civil Procedure. The Court finds that the terms of this Order are fair and just and that good cause has been shown for entry of a protective order governing the confidentiality of documents produced in discovery, answers to interrogatories, answers to requests for admission, and deposition testimony. Unless modified pursuant to the terms contained in this Order, this Order shall remain in effect through the conclusion of this litigation.

         In support of this Order, the Court finds that:

         1. Documents or information containing confidential, proprietary and business information and/or trade secrets ("Confidential Information") that bear significantly on the parties' claims or defenses is likely to be disclosed or produced during discovery in this litigation;

         2. The parties to this litigation may assert that public dissemination and disclosure of Confidential Information could severely injure or damage the party disclosing or producing the Confidential Information and could place that party at a competitive disadvantage;

         3. Counsel for the party or parties receiving Confidential Information are presently without sufficient information to accept the representation(s) made by the party or parties producing Confidential Information as to the confidential, proprietary, and/or trade secret nature of such Confidential Information; and

         4. To protect the respective interests of the parties and to facilitate the progress of disclosure and discovery in this case, the following Order should issue.

         IT IS THEREFORE ORDERED:

         1. Documents or discovery responses containing Confidential Information disclosed or produced by any party in this litigation are referred to as "Protected Documents". Except as otherwise indicated below, all documents or discovery responses designated by the producing party as "Confidential, " "Confidential Produced Pursuant to Protective Order, " or similar language and which are disclosed or produced to the attorneys for the other parties to this litigation are Protected Documents and are entitled to confidential treatment as described below.

         2. Certain documents that have been or will be produced by the parties during discovery in this litigation contain trade secrets, payroll information, employee records, confidential commercial information, personally identifiable information, or other confidential information. Such documents shall be handled by the parties with the highest care and are entitled to confidential treatment as described below. This provision shall not prevent General Motors, LLC or its dealers from handling these documents in the normal course of their business or in any way alter the continuing business operations of General Motors LLC or its dealers.

         3. Certain documents that have been or will be produced by the parties in discovery in this litigation contain material protected by federal, state, or foreign data protection laws or other privacy obligations, including (but not limited to) consumer and third-party names, such as the first and last names of persons involved in an accident or of other individuals not directly involved in an accident but included in documents related to an accident; Social Security Numbers; health information relating to the past, present or future physical or mental health or condition of an individual; the provision of health care to an individual, or the past, present or future payment for the provision of health care to an individual; driver's license or other identification numbers; personal financial information such as tax information, bank account numbers, and credit card numbers; insurance claim numbers; insurance policy numbers; VIN numbers; or the personal email addresses or other contact information of GM board members and employees ("Personal Information"). The producing party may redact Personal Information from such documents, subject to paragraph 5. Such documents shall be handled by the parties with the highest care and are entitled to confidential treatment as described below.

         4. Protected Documents shall not include (a) advertising materials; (b) materials that on their face show that they have been published to the general public; or (c) documents that have been submitted to any government entity without request for confidential treatment.

         5. At any time after the delivery of Protected Documents, counsel for the party or parties receiving the Protected Documents may challenge the Confidential designation or redaction of all or any portion thereof by providing written notice thereof to counsel for the party disclosing or producing the Protected Documents. If the parties are unable to agree as to whether the confidential designation or redaction of discovery material is appropriate, the party or parties receiving the Protected Documents shall certify to the Court that the parties cannot reach an agreement as to the confidential nature or redaction of all or a portion of the Protected Documents.

         Thereafter, the party or parties disclosing or producing the Protected Documents shall have thirty (30) days from the date of certification to file a motion for protective order with regard to the Protected Documents in dispute. The party or parties producing the Protected Document shall have the burden of establishing that the disputed Protected Documents are entitled to confidential treatment or that redacted Personal Information should not be produced. If the party or parties producing the Protected Documents do not timely file a motion for protective order, then the Protected Documents in dispute shall no longer be subject to confidential treatment or redaction as provided in this Order. All Protected Documents are entitled to confidential treatment pursuant to the terms of this Order until and unless the parties formally agree in ...


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