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Daluge v. Continental Casualty Co.

United States District Court, W.D. Wisconsin

April 20, 2018

GWEN B. DALUGE, MURRAY YOUNG, AND HELENE K. BIRNBAUM, Individually and on Behalf of All Others Similarly Situated, Plaintiffs,
v.
CONTINENTAL CASUALTY COMPANY, Defendant.

          AGREEMENT AND ORDER OF CONFIDENTIALITY IN CONNECTION WITH THE PRELIMINARY APPROVAL OF A CLASS ACTION SETTLEMENT

          The Honorable William M. Conley, United States District Judge

         1. PURPOSES AND LIMITATIONS

         Disclosure and discovery activity in this action involved the production of confidential, proprietary, or private information for which special protection from public disclosure is warranted. Accordingly, any Class Member who objects to the settlement of the above referenced matter ("Objector") or who is considering whether to opt out of Class I ("Potential Opt Out"), and who seeks access to materials produced pursuant to discovery requests in this matter ("Discovery Materials") shall comply with this Agreement and Order of Confidentiality ("Order"), and deliver a fully executed copy of Exhibit A to Class Counsel:

         Sean K. Collins Law Offices of Sean K. Collins 184 High Street, Suite 503 Boston, MA 02110 telephone: (855) 693-9256 email: sean@neinsurancelaw. com

         2. DURATION

         Even after the final disposition of this lawsuit, the confidentiality obligations imposed by this Order shall remain in effect indefinitely.

         3. ACCESS TO AND USE OF PROTECTED MATERIAL

         3.1 Basic Principles. An Objector or Potential Opt Out may use Discovery Materials only in connection with this lawsuit and are prohibited from using them for any other purpose.

         3.2 An Objector or Potential Opt Out may disclose Discovery Materials only to:

         (a) The Objector's or Potential Opt Out's outside counsel in this action, as well as employees of said outside counsel to whom it is reasonably necessary to disclose the information for this lawsuit and who have signed the "Acknowledgement and Agreement to Be Bound" that is attached hereto as Exhibit A;

         (b) The Court and its personnel;

         (c) Court reporters, or videographers, and their staff, professional jury or trial consultants, mock jurors, and professional vendors to whom disclosure is reasonably necessary for this lawsuit and who have signed the "Acknowledgement and Agreement to Be Bound" (Exhibit A); and

         (d) During their depositions, witnesses in the action to whom disclosure is reasonably necessary for this lawsuit and who have signed the "Acknowledgement and Agreement to Be Bound" (Exhibit A).

         3.3 Nothing in this order permits access to information protected by the Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. ยง1320(d) et seq. ("HIPPA"). This includes, without limitation, demographic information, relating to either (a) the past, present, or future physical or mental condition of an individual, (b) the provision of care to an individual, or (c) the payment for care provided to an individual, which identifies the individual or which reasonably could be expected to identify the individual. However, each ...


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