Hodges v. City and County of Denver et al
Filing
6
PROTECTIVE ORDER by Magistrate Judge Boyd N. Boland on 2/9/2012. (jjpsl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-00394-PAB-BNB
RUSSELL ERICKSON,
Plaintiff,
v.
LINCOLN NATIONAL LIFE INSURANCE COMPANY, an Indiana Insurance Company,
AXCERA WELFARE BENEFIT PLAN, an ERISA Welfare Benefit Plan, and
AXCERA, LLC, a Delaware limited liability company,
Defendants.
______________________________________________________________________________
PROTECTIVE ORDER
______________________________________________________________________________
Pursuant to the Joint Stipulated Motion for Protective Order filed by the parties, the
Court hereby orders 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 that is disclosed in this
matter pursuant to the disclosure or discovery duties created by the Federal Rules of Civil
Procedure and is designated as confidential pursuant to the procedures described herein.
2.
As used in this Protective Order, “document” is defined as provided by Fed. R.
Civ. P. 34(a). A draft or non-identical copy is a separate document within the meaning of this
term.
3.
One who provides, serves, discloses or files any nonpublic documents or
information in connection with this civil action, and who in good faith believes any such
document or information contains confidential business information or other information
implicating privacy interests or proprietary interests of any party may designate such documents
or information as “Confidential.” The documents or information so designated shall be deemed
“Confidential Material” subject to this Protective Order.
4.
Confidential Material shall be subject to the following restrictions. Confidential
Material shall be used only for the limited purpose of preparing for and conducting this civil
action (including any appeals), and not for any other purpose whatsoever, and shall not, without
the consent of the party producing it or further Order of the Court, be disclosed in any way to
anyone except those specified in this paragraph:
a. attorneys actively working on this civil action;
b. 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, or at other proceedings in this case;
c. the parties and their designated representatives;
d. 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;
e. the Court and its employees (“Court Personnel”);
f. stenographic reporters who are engaged in proceedings necessarily incident to
the conduct of this action;
g. deponents (or witnesses testifying at trial who were not previously deposed),
h. witnesses or potential witnesses who execute the attached Exhibit A;
i. and other persons, by written agreement of the parties, who execute the
attached Exhibit A.
5.
Prior to disclosing any Confidential Material to any person listed in paragraph 4
above (other than counsel, persons employed by counsel, deponents, witnesses at trial who were
not previously deposed, Court Personnel and stenographic reporters), counsel shall provide such
person with a copy of this Protective Order and have such person execute a copy of Exhibit A
acknowledging that he or she read this Protective Order and agreed to be bound by its
provisions. All such acknowledgments shall be retained by counsel and shall be subject to in
camera review by the Court if good cause for review is demonstrated by opposing counsel.
6.
This Protective Order shall not prohibit or restrain any party from performing the
tasks necessary to prepare for trial; however, any re-disclosure or communication of the
information covered by this Protective Order, except as specifically allowed by this Protective
Order for the purposes of this litigation only, is strictly prohibited. The objective of this
Protective Order is that none of the information revealed in connection with such protections be
used for any purpose other than in relation to this litigation and that no one be allowed to use any
information produced pursuant to this Protective Order in connection with any other issue,
dispute, litigation or charge against any of the parties whether currently pending or contemplated
in the future.
7.
No reproduction of information disclosed in reliance on this Protective Order is
authorized, except to the extent copies are required to prepare the case for trial. All copies,
excerpts, or summaries made, shown, or given to those authorized hereby and according to the
provisions hereof shall be stamped to indicate the protected and confidential nature of the
disclosed information. Review of Confidential Material by counsel, experts or consultants for
the litigation will not constitute any waiver of the confidentiality of the document or of any
objections to production. The inadvertent, unintentional or in camera disclosure of Confidential
Material shall not, under any circumstances, be deemed a waiver, in whole or in part, of any
claims of confidentiality.
8.
Counsel to the Parties are required to advise, instruct and supervise all associates,
staff and employees of counsel to keep designated Confidential Material confidential in the
strictest possible fashion. Counsel and the Parties also agree to such treatment of the information
by themselves, and counsel will appropriately instruct their clients as to the protected nature of
the information produced pursuant to this order and the limitations on its use and disclosure.
9.
Documents are designated as Confidential Material by placing or affixing on them
(in a manner that will not interfere with their legibility) the following or other appropriate notice:
“CONFIDENTIAL.”
10.
Whenever a deposition involves the disclosure of Confidential Material, the
deposition or portions thereof shall be designated as Confidential and subject to 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. The cover page, those
portions of the original transcripts that contain confidential material shall bear the legend
“CONFIDENTIAL—SUBJECT TO PROTECTIVE ORDER,” and shall be bound separately
from the non-confidential portions of the transcript. Any deposition exhibits designated
confidential shall also be bound separately.
11.
A party may object to the designation of particular documents as
Confidential Material 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 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. A party may object to the designation of particular documents as
Confidential Material by giving written notice to the party designating the disputed information.
The written notice shall identify the information to which 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 objecting to the designation of the information as confidential
to file an appropriate motion 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 objecting party fails to file such a motion within
the prescribed time, the disputed information shall retain its designation as confidential and shall
thereafter be treated as confidential in accordance with this Protective Order. In connection with
any 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.
12.
After the conclusion of this case, unless other arrangements are agreed upon, each
document and all copies thereof designated as Confidential shall be returned to the party that
designated the material as Confidential. All documents designated as Confidential shall be
maintained as Confidential during the three-year period following the conclusion of the case.
Upon expiration of the three-year period following the conclusion of the case, all documents
designated as Confidential shall be destroyed.
13.
Any request to restrict access to materials filed with the court must comply
with the requirements of D.C.COLO.LCivR 7.2. Stamped Confidential Material shall not be
filed with the clerk except when required in connection with motions under Federal Rules of
Civil Procedure 12 or 56, motions to determine confidentiality under the terms of this Protective
Order, and motions related to discovery disputes if the confidential documents are relevant to the
motion. A party contemplating filing Confidential Material protected by this Protective Order
with the Court must file a motion with the Court requesting leave to file Confidential Material
under seal pursuant to D.C.COLO.LCivR. 7.2. The Court will post notice of the filing of the
motion to seal and objections may be filed pursuant to D.C.COLO.LCivR. 7.2(C). If the motion
to seal is granted, all Confidential Materials so filed shall be maintained by the Clerk of the
Court under seal and shall be released only upon further Order of the Court.
14.
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.
15.
Nothing in this Protective Order shall prevent any party or other person from
seeking modification of this order or from objecting to discovery that the party or other person
believes to be improper. Nothing in this Protective Order shall prejudice the right of any party to
contest the alleged relevancy, admissibility, or discoverability of confidential documents or
information sought.
Dated February 9, 2012.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-00394-PAB-BNB
RUSSELL ERICKSON
Plaintiff,
v.
LINCOLN NATIONAL LIFE INSURANCE COMPANY, an Indiana Insurance
Company,
AXCERA WELFARE BENEFIT PLAN, an ERISA Welfare Benefit Plan, and,
AXCERA, LLC, a Delaware limited liability company
Defendants.
EXHIBIT A TO PROTECTIVE ORDER – CONFIDENTIALITY AGREEMENT
I, ______________________________, the undersigned, being duly sworn, hereby
acknowledge that I have read the Protective Order issued by the Court on February ___, 2012, in
the above captioned civil action and I understand the terms and conditions of such Protective Order
governing the restricted use of information and materials obtained from the Parties and provided to
me for the sole purposes of the above captioned action, and hereby agree to keep all such
information and materials strictly and absolutely confidential, and in all other respects to be bound
by the terms of the Protective Order.
My current address and telephone number is:
_________________________
_________________________
_________________________
Signature
STATE of _________________
COUNTY of _______________
)
)ss.
)
The foregoing Confidentiality Agreement was sworn and acknowledged to before
me by _________________________ on this day of _____________________, 2012.
Witness my hand and official seal.
[seal]
_________________________
Notary Public
My commission expires:_________________________
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