TDP, Inc. v. Mariah Power Inc.

Filing 32

Stipulated PROTECTIVE ORDER, by Magistrate Judge Kathleen M. Tafoya on 7/2/10. (gmssl, )

I N THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF COLORADO C I V I L ACTION NO. 10-cv-00147-CMA-KMT TDP, INC. d/b/a TECHNOLOGY DRIVEN PRODUCTS, INC., a Colorado corporation Plaintiff, v. W I N D S P I R E ENERGY, INC. f/k/a MARIAH POWER, INC., a Delaware c o r p o r a t i o n , and AARON KERSON, an individual Defendants.

STIPULATED PROTECTIVE ORDER
T h e Parties anticipate that discovery in this matter will involve the production of c o n f i d e n t i a l or protected information, including proprietary trade secrets. The Parties s t i p u l a t e that such confidential or protected information must be maintained as c o n f i d e n t i a l . Upon a showing of good cause in support of the entry of a protective order t o protect the discovery and dissemination of confidential information or information w h i c h will improperly annoy, embarrass, or oppress any party, witness, or person p r o v i d i n g discovery in this case, IT IS ORDERED: 1. T h i s Protective Order shall apply to all documents, materials, and

i n f o r m a t i o n , including without limitation, documents produced, answers to i n t e r r o g a t o r i e s , responses to requests for admission, deposition testimony, and other

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i n f o r m a t i o n disclosed pursuant to the disclosure or discovery duties created by the F e d e r a l Rules of Civil Procedure. 2. A s used in this Protective Order, "document" is defined as provided in

F e d . R . C i v . P . 34(a). A draft or non-identical copy is a separate document within the m e a n i n g of this term. 3. A document shall be designated as "CONFIDENTIAL" only after counsel

f o r the designating party has reviewed the document and determined, on a good faith b a s i s , that the information therein is "CONFIDENTIAL" and entitled to protection under F e d . R. Civ. P. 26(c). 4. I n f o r m a t i o n designated "CONFIDENTIAL" shall be information that

c o n s t i t u t e s a trade secret or confidential commercial information pursuant to Colo. Rev. S t a t . § 7-74-102(4) and Fed. R. Civ. P. 26(c)(1)(G). CONFIDENTIAL information shall n o t be disclosed or used for any purpose except the preparation and trial of this case. 5. C O N F I D E N T I A L documents, materials, and/or information (collectively

" C O N F I D E N T I A L information") shall not, without the consent of the party producing it o r further Order of the Court, be disclosed except that such information may be d i s c l o s e d to: a. b. a t t o r n e y s actively working on this case; p e r s o n s regularly employed or associated with the attorneys a c t i v e l y working on the case whose assistance is required by said a t t o r n e y s in the preparation for trial, at trial, or at other proceedings i n this case; 2

c. d. e.

t h e parties; t h e Court and its employees ("Court Personnel"); s t e n o g r a p h i c reporters who are engaged in proceedings necessarily i n c i d e n t to the conduct of this action;

f. g. 6.

d e p o n e n t s , witnesses, or potential witnesses; and o t h e r persons by written agreement of the parties.

P r i o r to disclosing any CONFIDENTIAL information to any person listed

a b o v e (other than the parties, counsel, persons employed by counsel, Court Personnel a n d stenographic reporters), counsel shall provide such person with a copy of this P r o t e c t i v e Order and obtain from such person a written acknowledgment stating that he o r she has read this Protective Order and agrees to be bound by its provisions. All such a c k n o w l e d g m e n t s shall be retained by counsel and shall be subject to in camera review b y the Court if good cause for review is demonstrated by opposing counsel. 7. D o c u m e n t s are designated as CONFIDENTIAL by placing or affixing on

t h e m (in a manner that will not interfere with their legibility) the following or other a p p r o p r i a t e notice: "CONFIDENTIAL." 8. W h e n e v e r a deposition involves the disclosure of CONFIDENTIAL

i n f o r m a t i o n , the deposition or portions thereof shall be designated as CONFIDENTIAL a n d shall be subject to the provisions of this Protective Order. Such designation shall be m a d e on the record during the deposition whenever possible, but a party may designate p o r t i o n s of depositions as CONFIDENTIAL after transcription, provided written notice

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o f the designation is promptly given to all counsel of record within thirty (30) days after n o t i c e by the court reporter of the completion of the transcript. 9. A party may object to the designation of particular CONFIDENTIAL

i n f o r m a t i o n 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 p a r t i e s cannot resolve the objection within ten (10) business days after the time the n o t i c e is received, it shall be the obligation of the party designating the information as C O N F I D E N T I A L to file an appropriate motion requesting that the Court determine w h e t h e r the disputed information should be subject to the terms of this Protective Order. I f such a motion is timely filed, the disputed information shall be treated as C O N F I D E N T I A L under the terms of this Protective Order until the Court rules on the m o t i o n . If the designating party fails to file such a motion within the prescribed time, t h e disputed information shall lose its designation as CONFIDENTIAL and shall not t h e r e a f t e r be treated as CONFIDENTIAL in accordance with this Protective Order. In c o n n e c t i o n with a motion filed under this provision, the party designating the i n f o r m a t i o n as CONFIDENTIAL shall bear the burden of establishing that good cause e x i s t s for the disputed information to be treated as CONFIDENTIAL. 10. I n the event Confidential Information is used in any court filing or

p r o c e e d i n g in this action, it shall not lose its confidential status as between the parties t h r o u g h such use. Confidential Information and pleadings or briefs quoting or d i s c u s s i n g Confidential Information will not be accepted for filing "under seal" or o t h e r w i s e kept out of the public record in this action, however, except by court order 4

i s s u e d upon motion of the party seeking to file the documents under seal. Any motion r e q u e s t i n g leave to file documents under seal shall comply with the requirements of D . C . C o l o . L C i v R 7.2 and demonstrate that the Confidential Information at issue is e n t i t l e d to protection. Counsel for any party wishing to submit any confidential i n f o r m a t i o n or document in a court filing or proceeding shall notify counsel for the party w h o designated such information or material confidential 48 hours prior to such filing or u s e so that the party claiming confidentiality may seek leave for said material to be s u b m i t t e d under seal as described above. 11. A t the conclusion of this case, unless other arrangements are agreed upon,

e a c h document and all copies thereof which have been designated as CONFIDENTIAL s h a l l be returned to the party that designated it CONFIDENTIAL, or the parties may e l e c t to destroy CONFIDENTIAL documents. Where the parties agree to destroy C O N F I D E N T I A L documents, the destroying party shall provide all parties with an a f f i d a v i t confirming the destruction. 12. T h i s Protective Order may be modified by the Court at any time for good

c a u s e shown following notice to all parties and an opportunity for them to be heard. D a t e d this 2nd day of July, 2010.

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APPROVED BY COUNSEL:

s / Samuel L. Reid W m . David Byassee, #16363 S a m u e l L. Reid, #40435 J a c k s o n Kelly PLLC 1 0 9 9 18th Street, Suite 2150 D e n v e r , Colorado 80202 T e l e p h o n e : [phone] F a c s i m i l e : [phone] [e-mail] A T T O R N E Y S FOR PLAINTIFF TDP, INC.

s / J. Lee Gray J . Lee Gray H o l l a n d & Hart LLP 6 3 8 0 S. Fiddlers Green Circle, Suite 500 G r e e n w o o d Village, CO 80111 P h o n e : 303-290-1600 F a x : 303-290-1606 [e-mail] A T T O R N E Y S FOR DEFENDANT W I N D S P I R E ENERGY INC. F/K/A M A R I A H POWER INC.

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