Lauridsen v. Comcast MO Group, Inc.

Filing 10

Stipulated PROTECTIVE ORDER re: 9 , signed by Judge Richard P. Matsch on 8/23/2009. (rpmcd)

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IN THE UNITED STATESDISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-CV-O1334-RPM-CBS KAY L. LAURIDSEN, Plaintiff, v. MILE ill CABLE PARTNERS, L.P., Defendant. STIPULATED PROTECTIVE ORDER This matter comesbefore the Court on the parties' StipulatedMotion for Entry of that Motion andfinds it meritorious acceptable. and Protective Order. The Court hasreviewed ThereforeIT IS ORDERED: , 1 DEFINITIONS (a) "Confidential Information" means and includes any information, testimony, documentor thing that containsconfidential or proprietary infonl1ation, including, but not limited to, medical recordsor other "protected health infonnation" within the meaningof the HealthInsurance PortabilityandAccountabilityAct of 1996 ("HIPAA") and its implementingregulations;infonnation about Defendant's customers,vendors, personnel and operations; and financial information, including, but not limited to, tax retmns, financial statements,bank records and billing records,that was not previouslyavailableto the opposingparty and is produced in this action. Confidential Infonnation may include, without Denver 21467.1 limitation, infonnation and documentsproduced p\U'SU8Dt Rule 26, F.R.C.P; to testimonyadducedat depositions upon oral examination pursuantto Rule30, F.R.C.P.;written responses interrogatories to pursuantto Rule33, F.R.C.P.; documents producedpursuantto Rule34, F.R.C.P.;answersto requestsfor admission pmsuantto Rule36, F.R.C.P.;and testimony,documents things and provided pursuantto Rule45, F.R.C.P. Confidential Infonnation also may include confidential information owned by a third party, so long as such infonnation otherwise qualifies as Confidential Infonnation hereunder. "Providing Party" meansany party to this action or any third party, expertor consultant who produces providesany infonnation,testimony,docwnentor or thing pursuantto fonnal or infonnal discovery in this action (c) "ReceivingParty" meansany party to this action or any third party, expertor consultant who receivesany infonnation,testimony,document thing in the or courseof fonnal or infonnal discovery in this action. 2. DESIGNATION OF CONFIDENTIAL INFORMATION Documents and things. Each Providing Party shall label, mark or othelWise identify, in writing, documents things that their counselconsiders good and in faith to contain Confidential Infonnation or to be otherwise entitled to protection (8) under Rule 26(c), F.R.C.P., or other applicable law, with the legend "Confidential- Subject to Protective Order. Depositions. During or after depositions upon oral examination, if co\U1SCl for any party believesthat a questionor answerof any deponent (whetherparty, third-party, expert or otherwise) constitutes Confidential Infonnation, counsel Denver 21467.1 2 shall requestthat the specific pagesthat include such Confidential InfonIlation be includedin a separate sealed portionof the transcript.The reportershallinclude on the cover page of each sealedportion the legend:"This transcriptportion containsinfonnation subjectto a ProtectiveOrder and shall be used only in accordanctherewith,.. Whentestimonydesignated ConfidentialInformation e as is being given dming a deposition, persons all exceptthosewho are entitledto receivesuch ConfidentialInformationunder the terms of this Order shall be excludedfrom the deposition room. (c) Inadvertent failure to designate. Any Providing Party who inadvertently fails to designateany infonnation, testimony, docwnent or thing as Confidential Infonnationmay correctsuchfailure by giving written noticeof the sameto the materialsshall ReceivingParties. Upon suchwritten notification,the corrected only be deemed ConfidentialInfonnationprospectively.Substitute copiesof the correctedinfonnation, testimony, documentor thing, appropriatelymarked "Confidential - Subject to Protective Order," shall be given to all Receiving Parties soonasthey become as available. Within ten (10) daysof receiptof the substitutecopies,the ReceivingPartiesshall retW'Ilthe previouslyunmarked items to the Providing Party. 3. DESIGNATED MATERIALS PRESUMED CONFIDENTIAL. All infonnation, testimony, docwnents and things designatedby a Providing Party as Confidential Infonnation shall be treated in all respects as though they in fact constitute or contain confidential infonnation, \m1ess until the Court rules otherwise or the Providing Party agrees and otherwise. Denvw21467. 3 4. RESTRICTIONS ON DISCLOSURE AND ACCESS. (a) Exceptas providedbelow, all ReceivingPartieswid! respectto any particular Confidential InforDlation shall take reasonablesteps to enS\D'e that no persons obtain suchConfidentialInformationand that no persons have access such to Confidential Infonnation, except (i) The ReceivingParty, in the case of Plaintiff, and employees the of ReceivingParty,in the caseof Defendant, who have a specificneedto know the Confidential InforDlation in order to conduct this action; (ii) The attorneys record for the ReceivingParty, and all other attorneys of and supportpersonnel the law finDSof recordin this actionwho must in have accessto the Confidentiallnfonnation in connectionwith this action; The Court and those employedby the Court, in which event such infonllation shall be filed w1der seal (and kept under seal until further order of the Court); Comt reportersemployedby any party in this action; and (v) Independenexperts,consultants translators the parties.including t or for their supportpersonnel, whoseadviceand consultation beingusedor are will be usedby suchReceiving Party in connectionwith this action. (b) In addition to the above,a Receiving Party may disclose Confidential Infonnation to a non-partyif the non-partyis refel'redto or referenced the Confidential in Infonnation, or counselin good faith believes the non-party may have knowledge of relevant facts. or of facts that may lead to the discovery of admisSJole evidence. relatingto the ConfidentialInfonnation,or if the non-partywill be a witnessat Defwer 21487.1 4 trial in this matter and disclosure ConfidentialInformationis necessary of for preparationand completeness that person'stestimony, of (c) Counselfor a party disclosingor allowing access ConfidentialInfofillation to Information (other than the personsidentified in Paragraph 4(a)(iiiť of the tenDS of this Protective Order. Beforedisclosingany ConfidentialInfonnationto any personidentifiedin Paragraph 4(a)(i), (ii), (iv) or (v), or Paragraph 4(b), counsel tennsof this Protective Order,providethe personwith a copy of this Protective Order and shall obtain the person's written acknowledgement, the fonn in attachedhereto as Exhibit A, to abide by the tenns of this ProtectiveOrder. (d) This Protective Order shall not be deemedto limit or restrict any Providing Party's disclosureor use of its own Confidential Information. 5. 6. this litigation, including any paper or electronic copies of suchdocuments. 7. the disclosure of information, testimony, documentsor things that are otherwise not subject to Denver 21467.1 5 action. 8. Any party may ProtectiveOrder for good causeshown. Any personmay move the Court for additional D~ver 21467.1 6 protectiveorderswith respect any information,testimony, to document thing, in accordance or with Rule 26 of the Federal Rules of Civil Procedure. 9. of PARTIES' CLAIMS AND DEFENSES. Neither a party's designation documentsor testimony as confidential under this Protective Order nor a party's failure to make to prove any fact relevant to any claim or defenseasserted this action. in 10. Protective Order shall survive the conclusionof this litigation. ORDERED this ~daY Of.:~~~~~~~ .2009. Denver 21467.1 7 EXHIBIT A ACKNOWLEDGEMENT I hereby acknowledgethat I have been advised of the tenDSof the Protective Order enteredin Kay L. Lauridsen v. Mile Hi Cable Partners, L.P., Civil Action No. 09-cv-O1334-RPM-CBS, pending in the United StatesDistrict Court for the District of Colorado,have been provided with a copy of said Protective Order, have read and \Ulderstandsaid Protective Order, agree to be bound by and to comply with the terms of said Protective Order, and agree to submit to the jurisdiction of the United States District Court for the District of Colorado for the purpose of enforcementof said ProtectiveOrder. Dated: Telephone:

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