United States District Court, W.D. Wisconsin
GWEN B. DALUGE, MURRAY YOUNG, AND HELENE K. BIRNBAUM, Individually and on Behalf of All Others Similarly Situated, Plaintiffs,
CONTINENTAL CASUALTY COMPANY, Defendant.
AGREEMENT AND ORDER OF CONFIDENTIALITY IN CONNECTION
WITH THE PRELIMINARY APPROVAL OF A CLASS ACTION
Honorable William M. Conley, United States District Judge
PURPOSES AND LIMITATIONS
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
Collins Law Offices of Sean K. Collins 184 High Street, Suite
503 Boston, MA 02110 telephone: (855) 693-9256 email:
after the final disposition of this lawsuit, the
confidentiality obligations imposed by this Order shall
remain in effect indefinitely.
ACCESS TO AND USE OF PROTECTED MATERIAL
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
An Objector or Potential Opt Out may disclose Discovery
Materials only to:
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;
Court and its personnel;
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
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).
Nothing in this order permits access to information protected
by the Health Insurance Portability and Accountability Act of
1996, 42 U.S.C. §1320(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 ...