Christie v. Loomis Armored US, Inc.

Filing 59

PROTECTIVE ORDER by Magistrate Judge Kathleen M. Tafoya on 7/27/2012. (kmtcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Case No. 1:10-CV-02011-WJM-KMT
THERESA CHRISTIE,
Plaintiff,
v.
LOOMIS ARMORED US, INC.,
Defendant.
STIPULATED PROTECTIVE ORDER
Under Rule 26(c) of the Federal Rules of Civil Procedure, after having
considered the Joint Motion for Stipulated Protective Order filed by Plaintiff Theresa
Christie (“Christie”) and Defendant Loomis Armored US, LLC’s (“Loomis”) (together, the
“Parties”), and concluded that sufficient cause exists for the issuance of this Order, IT IS
ORDERED as follows:
1.

Nothing in this Protective Order is intended, nor shall it be construed, as a

waiver or an admission that any document or information is admissible or contain
confidential, proprietary business information, or trade secrets. This Protective Order is
simply a procedural framework to facilitate the discovery processes and provide
protections concerning documents and information exchanged between and among the
parties and non-parties in this case. No part of this agreement shall be used in this
action or any other action as evidence that any party has waived or admitted to any
claims solely by designating documents or information as Confidential Information.

2.

“Confidential Information” means any document, file, portion of any file,

transcribed testimony, or response to a discovery request, including any extract,
abstract, chart, summary, note, or copy made therefrom: (a) which is designated by one
or more of the Parties in the manner provided in Paragraph 3; and (b) contains any
personnel, trade secret, research and development, customer, technological, security or
loss prevention information concerning a Party or a Party’s client, or other confidential
or proprietary information, including, but not limited to:
a.

Deployment of Loomis’ or its clients’ personnel (including but not limited to
delivery routes, shift assignments, worker locations, schedules, and timing
of shift changes);

b.

Maps, plans, schematic drawings, representations or other descriptions of
the location or internal layout of Loomis’ or its clients’ facilities, equipment
and financial and other assets;

c.

Loomis’ or its clients’ security and loss prevention research, strategies,
methods, training, protocols, processes, procedures, and equipment
(including but not limited to the type, location, and use of such equipment);

d.

Loomis’ or its clients’ recruitment, screening, testing, hiring, retention,
training, discipline or termination of prospective or current employees or
contractors as they pertain to security issues; and

e

Christie’s personal information, including, but not limited to: health
information, wage information, and personal identification information.

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Confidential Information shall not include information in any form which, as of the
date of this Stipulated Protective Order, is in the possession of the non-Designating
Party through lawful means or is in the public domain.
3.

Where Confidential Information is produced, provided or otherwise

disclosed by either of the Parties in response to any discovery request, it will be
designated in the following manner:
a.

By imprinting the words “Confidential” on the first and every page of any
document produced, or for information produced in electronic form, by
labeling the file, CD, or other medium of storage and transmittal with the
term “Confidential”;

b.

With respect to Confidential Information contained in a response to an
interrogatory, request for admission, or similar discovery request, by
imprinting the words “Confidential” next to or above any response to a
discovery request;

c.

With respect to transcribed testimony, by designating to opposing counsel
and the court reporter or other recorder during testimony those portions of
the testimony that are to be identified and sealed in any transcript or
record as “Confidential” and/or by giving written notice to opposing
counsel and the court reporter designating those portions of the transcript
or record that are “Confidential,” as appropriate, no later than ten (10)
calendar days after receipt of the transcribed testimony.

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4.

Subject to paragraphs 10 and 11 of this Stipulated Protective Order, all

Confidential Information provided by either of the Parties in response to a discovery
request or transcribed testimony shall be restricted as follows:
a.

It shall be used only for the purpose of this litigation and not for any
business or other purpose whatsoever; and

b.

It shall not be communicated or disclosed by counsel for either of
the Parties, or by the Parties themselves, in any manner, either
directly or indirectly, to anyone other than the Parties, their legal
counsel, members of legal counsel’s staff, or the Court. In addition,
to the extent that disclosure of Confidential Information to a Party’s
expert witness is necessary to the work of the expert witness in this
case, the Confidential Information may be disclosed to the expert
witness, but only after an Affidavit in the form of Exhibit A has been
signed by the recipient of the communication or disclosure.

5.

Individuals authorized to review Confidential Information pursuant to this

Protective Order shall hold such information in confidence and shall not divulge the
Confidential Information, either verbally or in writing, to any other person, entity or
government agency unless authorized to do so by court order or as described in
Paragraph 4, and shall use such information only for the purpose of this litigation and
not for any business or other purpose whatsoever.
6.

Counsel for each Party shall be responsible for assuring compliance with

the terms of this Stipulated Protective Order with respect to persons to whom

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Confidential Information is disclosed, shall obtain and retain the original affidavits signed
by qualified recipients of Confidential Information, and shall maintain a list of all persons
to whom any Confidential Information is disclosed and a description of the specific
Confidential Information disclosed to each such person.
7.

To ensure or establish compliance/non-compliance with this Stipulated

Protective Order, including but not limited to establishing the source of an unauthorized
disclosure of Confidential Information, a Party may inspect the list maintained by
counsel for the other Party as described in Paragraph 6, upon (a) agreement of both
Parties, or (b) by motion of the requesting Party and Order of the Court based on a
finding of substantial need.
8.

No copies of Confidential Information shall be made except by or on

behalf of counsel in this litigation and such copies shall be made and used solely for
purposes of this litigation.
9.

During the pendency of this litigation, counsel shall retain custody of

Confidential Information, as well as any copies made therefrom under Paragraph 8.
10.

If counsel for the non-designating Party objects to the designation of

certain information as Confidential Information, he or she shall promptly inform the
designating Party’s counsel in writing of the specific grounds of objection to the
designation. Designating counsel shall then within seven (7) business days provide in
writing the specific grounds for having designated the information as Confidential
Information. All counsel shall then, in good faith and on an informal basis, attempt to
resolve such dispute. If after such a good faith attempt, counsel are unable to resolve

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their dispute, the designating Party may move for a ruling under this Stipulated
Protective Order to maintain the Confidential status of the information. Any such motion
shall be filed within fourteen (14) days of receipt by the non-designating Party’s counsel
of the designating counsel’s written grounds for the designation of information as
Confidential Information, and the information shall continue to have Confidential
Information status from the time it is produced until the ruling by the Court on the
motion. Filing such a motion shall not preclude the filing of a motion to restrict access
under D.C.COLO.LCivR 7.2, and any ruling on one motion shall not control the ruling on
the other.
11.

Any motion to restrict public access shall comply with the requirements of

D.C.COLO.LCivR 7.2 and demonstrate that the Confidential Information at issue is
entitled

to

protection

under

the

standards

articulated

in

Nixon

v.

Warner

Communications, Inc., 435 U.S. 589, 598-602 (1978) (applied in United States v.
Hickey, 767 F.2d 705, 708 (10th Cir. 1985) and Crystal Grower’s Corp. v. Dobbins, 616
F.2d 458, 461 (10th Cir.1980)). Counsel for a Party submitting a motion to restrict
public access shall not file Confidential Information or introduce it in a court proceeding,
if at all, except on the basis of the Court’s ruling on that motion. Submission of any
Confidential Information to the Court under D.C.COLO.LCivR 7.2 shall not otherwise
relieve the Parties or their counsel of their obligations as described in Paragraph 4.
12.

The termination of this action shall not relieve counsel or other persons

obligated hereunder from their responsibility to maintain the confidentiality of

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Confidential Information pursuant to this Stipulated Protective Order, and the Court shall
retain continuing jurisdiction to enforce the terms of this Stipulated Protective Order.
13.

By agreeing to the entry of this Stipulated Protective Order, the Parties

adopt no position as to the authenticity or admissibility of documents and/or information
produced subject to the Order.
14.

Upon termination of this litigation, including any appeals:

a.

each non-designating Party and any others who have

received Confidential Information under the terms of the Stipulated Protective
Order shall immediately destroy or return to the non-designating Party’s counsel
all Confidential Information, and all extracts, abstracts, charts, summaries, notes
or copies made therefrom; and

b.

counsel for each non-designating Party shall provide to

counsel for the designating Party written verification that all of those who have
received Confidential Information under the terms of the Stipulated Protective
Order from the non-designating Party or her or its counsel have destroyed or
returned to him or her that Confidential Information and all extracts, abstracts,
charts, summaries, notes or copies made therefrom.
15.

Nothing in this Stipulated Protective Order shall preclude any Party from

filing a motion seeking further or different protection from the Court under Rule 26(c) of
the Federal Rules of Civil Procedure, or from filing a motion with respect to the manner
in which Confidential Information shall be treated at trial.
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16.

This Stipulated Protective Order shall be binding upon any future

Party(ies) to this litigation.

ORDERED this 27th day of July, 2012.
BY THE COURT:

_______________________________
United States Magistrate Judge

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APPROVED AS TO FORM:
s/______________________
Catherine A. Chan
CHAN LAW FIRM
1900 Grant St., Suite 750
Denver, CO 80203
Denver, CO 80203
[e-mail]

s/______________________
Christopher M. Leh
Alyson A. Smith
LITTLER MENDELSON
A Professional Corporation
1200 17th Street
Suite 1000
Denver, CO 80202.5835
Telephone: [phone]

David Suro
SURO LAW FIRM
1900 Grant Street
Suite 750
Denver, CO 80203
[e-mail]

Attorneys for Defendant
LOOMIS ARMORED US, INC.

Attorneys for Plaintiff
THERESA CHRISTIE

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EXHIBIT A
(See Paragraph 4 of the Stipulated Protective Order)

STATE OF _______
__________ COUNTY

)
) ss.
)

___________________, swears or affirms and states under penalty of perjury:

1.

I have read the Stipulated Protective Order entered in THERESA

CHRISTIE v. LOOMIS ARMORED US, LLC, (Case No. 10-cv-02011-WJM-KMT), a
copy of which is attached to this affidavit (the “Stipulated Protective Order”).
2.

I have been informed by ____________, Esq., counsel for ___________,

that the materials described in the list attached to this Affidavit are “Confidential
Information,” as that term is defined in the Stipulated Protective Order.
3.

I promise that I have not and will not divulge, or undertake to divulge to

any person or record any Confidential Information, as the case may be, that is
communicated or disclosed to me except as authorized in the Stipulated Protective
Order.

I will not use the Confidential Information for any purpose other than this

litigation and will otherwise comply with the terms of the Stipulated Protective Order.

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4.

For the purposes of enforcing the terms of the Stipulated Protective Order,

I hereby submit myself to the personal jurisdiction of the court in the civil action
referenced above.
5.

I will abide by the terms of the Stipulated Protective Order in this case.

Executed this ___ day of _______, 2012

STATE OF _______
__________ COUNTY

)
) ss.
)

SUBSCRIBED AND SWORN TO before me this ____ day of ________ 20__, by
________________.
WITNESS MY HAND AND OFFICIAL SEAL.

Notary Public
My Commission Expires

_

__

Firmwide:113387118.3 028378.1089

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