Cairns v. UBS Financial Services, Inc. et al

Filing 53

STIPULATED PROTECTIVE ORDER by Magistrate Judge Boyd N. Boland on 04/21/2009. (sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 2008-cv-00938-LTB-BNB DONN CAIRNS, Plaintiff, and UBS FINANCIAL SERVICES INC., Defendant. ________________________________________________________________________ STIPULATED PROTECTIVE ORDER _______________________________________________________________________ Upon consideration of the parties' Stipulated Protective Order concerning certain confidential information and documents to be disclosed during discovery, and it appearing to the Court that sufficient cause exists for the issuance of such Order, IT IS ORDERED as follows: 1. This Protective Order shall apply to all documents, materials, and

information, including without limitation, documents produced, answers to interrogatories, responses to requests for admission, deposition testimony, and other information disclosed pursuant to the disclosure or discovery duties created by the Federal Rules of Civil Procedure. 2. As used in this Protective Order, "document" is defined as provided in

Fed.R.Civ.P. 34(a). A draft or non-identical copy is a separate document within the meaning of this term.

3.

Information designated "CONFIDENTIAL" shall be information that is

confidential and meets the requirements set forth in 5 U.S.C. § 552(b)(4) and (b)(6), such as: (a) personnel records of current or former employees of Defendant; (b) Defendant's trade secrets and commercial or financial information that is either privileged or confidential; (c) Donn Cairn's tax returns; and (d) Donn Cairn's medical records. CONFIDENTIAL information shall not be disclosed or used for any purpose except for the preparation and trial of this case. 4. CONFIDENTIAL documents, materials, and/or information (collectively

"CONFIDENTIAL information") shall not, without the consent of the party producing it or further Order of the Court, be disclosed except that such information may be disclosed, solely for the purposes of this case, to: attorneys actively working on this case; persons regularly employed or associated with the attorneys actively working on the case whose assistance is required by said attorneys in the preparation for trial, at trial, or at other proceedings in this case; the parties, including the designated representatives for Defendants; expert witnesses and consultants retained in connection with this proceeding, to the extent such disclosure is necessary for preparation, trial or other proceedings in this case; the Court and its employees ("Court Personnel"); stenographic reporters who are engaged in proceedings necessarily incident to the conduct of this action; deponents, witnesses, or potential witnesses; at trial, or at any appeal or other court proceeding in this case; and to other persons by written agreement of the parties. 5. Prior to disclosing any CONFIDENTIAL information to any person listed

above (other than counsel, persons employed by counsel, Court Personnel and stenographic reporters), counsel shall advise the person to whom disclosure is made

regarding the terms of this Protective Order and provide such person with a copy of this Protective Order. 6. Documents are designated as CONFIDENTIAL by placing or affixing on

them (in a manner that will not interfere with their legibility) the following or other appropriate notice: "CONFIDENTIAL." 7. Before any information is designated "CONFIDENTIAL," counsel of

record for the designating party must first review the information and make a determination, in good faith, that the documents and/or information are confidential or otherwise entitled to protection under Fed. R. Civ. P. 26(c). 8. Whenever a deposition involves the disclosure of CONFIDENTIAL

information, the deposition or portions thereof shall be designated as CONFIDENTIAL and shall be subject to the provisions of this Protective Order. Such designation shall be made on the record during the deposition whenever possible, but a party may designate portions of depositions as CONFIDENTIAL after transcription, provided written notice of the designation is promptly given to all counsel of record within thirty (30) days after notice by the court reporter of the completion of the transcript. 9. A party may object to the designation of particular CONFIDENTIAL

information by giving written notice to the party designating the disputed information. The written notice shall identify the information to which the objection is made. If the parties cannot resolve the objection within ten (10) business days after the time the notice is received, it shall be the obligation of the party designating the information as CONFIDENTIAL to file an appropriate motion, within thirty (30) days after the time the notice is received, requesting that the Court determine whether the disputed information

should be subject to the terms of this Protective Order. If such a motion is timely filed, the disputed information shall be treated as CONFIDENTIAL under the terms of this Protective Order until the Court rules on the motion. If the designating party fails to file such a motion within the prescribed time, the disputed information shall lose its designation as CONFIDENTIAL and shall not thereafter be treated as CONFIDENTIAL in accordance with this Protective Order. In connection with a motion filed under this provision, the party designating the information as CONFIDENTIAL shall bear the burden of establishing that good cause exists for the disputed information to be treated as CONFIDENTIAL. 10. The inadvertent production of any privileged, CONFIDENTIAL, or

otherwise protected document shall not be deemed a waiver or impairment of any claim of privilege or protection, including, but not limited to, the attorney-client privilege, the work product privilege, the protection of the Protective Order, or the subject matter thereof. Upon receiving notice from the Producing Party that materials have been inadvertently produced, the Receiving Party shall promptly return the inadvertently produced documents to the Producing Party. Such return shall not be deemed an admission or concession regarding any claimed privilege or protection under this Order. 11. Within thirty (30) days after the final determination of this action,

including appeals, all documents marked as CONFIDENTIAL shall be returned to the Producing Party, except such information as counsel deems necessary to document any final settlement agreement reached in this matter, in which event counsel shall retain such information subject to the provisions of this Protective Order and counsel shall provide a list of CONFIDENTIAL documents withheld for such purposes to the

Producing Party. 12. This Protective Order may be modified by the Court at any time for good

cause shown following notice to all parties and an opportunity for them to be heard. Dated April 21, 2009. BY THE COURT: s/ Boyd N. Boland United States Magistrate Judge AGREED AND APPROVED: