Auraria Student Housing at the Regency, LLC v. Campus Village Apartments, LLC
Filing
127
PROTECTIVE ORDER by Magistrate Judge Kristen L. Mix on 1/9/14. (lag)
TN
THE LINITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Case No. 2010-cv-02516 WJM
Auraria Student Housing at the Regency,LLC,
Plaintiff,
Campus Village Apartments,
LLC
Defendant.
STIPULATED PROTECTIVE ORDER
Each Party stipulates to, and moves the Court to enter, this Stipulated Protective Order
("Protective Order") pursuant to Rule 26(c) of the Federal Rules of Civil Procedure. This
Protective Order shall govern the treatment of Confidential Information (as defined in paragraph 2
below). As grounds, the Parties state the following:
L
In this action, at least one of the Parties has sought and/or is seeking Confidential
Information (as defined in paragraph 2 below). The Parties also anticipate the possibility of
seeking additional Confidential Information during discovery and that there may be questioning
concerning Confidential Information in the course of depositions. The Parties assert that the
disclosure of such information outside the scope of this litigation could result in significant injury
to one or more of the Parties' business or privacy interests. The Parties have stipulated to this
Protective Order which they request the Court to enter for the purpose of preventing the disclosure
and use of Confidential Information except as set forth below.
|
659806.2
2.
"Confidential Information" msans any document, file, portions of files,
transcribed
testimony, or response to a discovery request, including any extract, abstract, chart, summary,
note, or copy made therefrom
-
not made available to the public
- and designated
in good faith
by one of the Parties in the manner provided in paragraph 3 below as containing: trade secrets or
confi dential fi nancial information.
3.
Where Confidential Information is produced, provided or otherwise disclosed by
a Party to the other Party in the course of discovery,
it shall be so designated in the following
manner:
a.
With respect to any document produced, by imprinting the word
"Confidential" on the first page or cover;
b.
With respect to any response to a discovery request, by imprinting the
word "Confidential" on, next to or above the response; and
c.
With respect to transcribed testimony, by giving written notice to
opposing counsel designating such portions as "Confidential" on the record at the time or no later
than ten calendar days after counsel's receipt of the transcribed testimony.
4.
All Confidential Information
so designated by a Party
with respect to any
document produced, in response to a discovery request or in transcribed testimony shall be
subject to the following restrictions:
a.
It shall be used only for the purposes of this litigation and not for any
business or other purpose whatsoever.
b.
It shall not be communicated or disclosed by any Party's counsel or a
Party in any manner, either directly or indirectly, to anyone except for purposes of this litigation.
I
659806.2
c.
It may be communicated or disclosed by any Party or any Party's counsel
to the following upon their being informed of the provisions of this Protective Order:
(i) employees of a Party (or employees of a member of a Party, since the Parties are both limited
liability companies) who are required in good faith to provide assistance in the conduct of this
litigation, including any settlement discussions; (ii) non-attorney support personnel employed by
a
Party's counsel such as paralegals, secretaries, data entry personnel, legal clerks, and the like;
(iii) non-attorney support
personnel retained by a Party or a Party's counsel such as outside data
entry, photocopying or image scanning services, computer database creation services, and the
like; (iv) court reporting services; and (v) court personnel.
d.
It shall not be communicated or disclosed by any Party or any Party's
counsel to any person other than those set forth in paragraph 4.c. above unless such other person
executes a declaration in the form of attached Exhibit A prior to receiving the communication or
disclosure.
5.
Individuals authorized to review or receive Confidential Information pursuant to
this Protective Order shall hold Confidential Information in confidence and, except for
purposes of this litigation, 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.
6.
When any Party to Party's counsel communicates or discloses Confidential
Information pursuant to paragraph 4.d. above, counsel for the communicating or disclosing side
("Disclosing Counsel") shall be responsible for assuring compliance with the terms of this
Protective Order by the recipients of the Confidential Information, and shall obtain and retain
the original declarations signed by those recipients, and shall maintain a list of those recipients.
1659806.2
7.
During the pendency of this action, oppqsing counsel may upon court order or
agreement of the Parties inspect the list maintained by Disclosing Counsel pursuant to
paragraph 6 above upon a showing (i) of substantial need in order to establish the source of a
purported unauthorized disclosure of Confidential Information and (ii) that opposing counsel is
unable otherwise to
identif
the source of the disclosure. If Disclosing Counseldisagrees with
opposing counsel's showing of substantial need, then opposing counsel may seek a court order
requiring inspection under terms and conditions deemed appropriate by the Court.
8.
No copies of Confidential Information shall be made except by or on behalf of
counsel in this litigation or individuals authorized to review or receive Confidential Information
pursuant to this Protective Order and such copies shall be made and used solely for purposes
of
this litigation.
L
During the pendency of this litigation, Disclosing Counsel shall retain custody
of Confidential Information, except that individuals authorized to review or receive
Confidential Information pursuant to this Protective Order shall retain custody of copies made
pursuant to paragraph 8 above.
10.
If opposing counselobjects to the designation of certain information
as
Confidential Information, he or she shall promptly inform designating counsel in writing of
specific grounds for objecting to the designation.
All
the WPl
counsel shall then, in good faith and on
all
,
lo thT H*i ol'u'n,
Puduart
designating counsel may niove for an order pcoct&vzc /
//
an informal basis, attempt to resolve such disagreement. If after such good faith attempt,
counsel are unable to resolve their disagreement.
designating the contested information as Confidential Information. Any such motion shall be
&*rtnin
1659806.2
14 days
of receipt by designating counsel of notice of opposing counsel's objection,
and the information shall be treated as having Confidential Information status from the time
it
is designated until a ruling by the Court on the motion.
I
l.
Use of Confidential Information in court proceedings:
a.
In the event Confidential Information is used in any court filing or
proceeding in this action, including but not limited to its use at trial, it shall not lose its
confidential status as between the Parties through such use.
b.
In the event a Party seeks to use, quote or discuss Confidential
Information in pleadings, briefs or in open court, the Party doing so shall move to file the
documents with the court "under seal." Any such motion requesting leave to file documents
under seal 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. Vf/arner Communications, lnc.,435 U.S. 589, 598 (1978) (information that might harm
litigant's competitive standing ) (cited in United
States v. Hickey, 767 F.2d 705, 708 110'h
Cir'
lg85) and crystal Grower's corp. v. Dobbins,616F.2d 458,46111Oth Cir. l9s0)).
12.
The termination of this action shall not relieve counsel or other persons
obligated under this Protective Order from their responsibility to maintain the confidentiality
Confidential Information pursuant to this Protective Order, and the Court shall retain
continuing jurisdiction to enforce the terms of this Protective Order.
I
659806.2
of
13.
By stipulating to the entry of this Protective Order, the Parties adopt no position
as
to the authenticity or admissibility of documents produced subject to it.
14.
Upon termination of this litigation, including any appeals, each Party's counsel
shall immediately return to the opposing Party all Confidential Information provided by the
opposing Party subject to this Protective Order, including all extracts, abstracts, charts,
summaries, notes or copies made. At that time, each Party's counsel shall also file under seal
with this Court the list of individuals who have received Confidential Information which such
counsel shall have maintained pursuant to paragraph 6 above, and counsel shall provide the
Court with verification that any of counsel's work product referencing Confidential Information
has been destroyed.
15.
Nothing in this 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
Civil Procedure, or from filing
a motion
with respect to the manner in which Confidential
Information shall be treated at trial.
Dated at Denver, Colorado,
this
14ay
,r@E'(
HON.
IST6iL. MIX
D STATES MAGISTRATE JUDGE
STIPULATED AND AGREED TO:
/s/ Thomas P. McMahon
JONES & KELLER, PC
Thomas P. McMahon
1999 Broadway, Suite 3150
Denver. Colorado 80202
/s/ Michael J, Hofrnann
BRYAN CAVE LLP
MichaelJ. Hofmann
Andrew B. Mohraz
1700 Lincoln Street, Suite 4100
Denver, Colorado 80203
Attorneys for Plaintiff Auraria Student
Housing at the Regency, LLC
Attorneys for Defendant Campus Village
Apartments, LLC
6
l
659806.2
of
Exhibit A
DECLARATION
swear or affirm and state under penalty of perjury:
L
I have read the Protective Order in Auraria Student Housing at the Regency, LLC
Campus Village Apartments, LLC, a copy of which is attached to this Affidavit.
2.
Affidavit
Esq., counsel for
that the materials described in the list attached to this
are Confidential Information as defined in the Protective Order.
I have been informed bv
3.
I promise that I have not and will not divulge, or undertake to divulge to any
person or recording device any Confidential Information shown or told to me except as
authorized in the Protective Order. I will not use the Confidential Information for any purpose
other than this litigation.
4.
For the purposes of enforcing the terms of the Protective Order, I hereby submit
jurisdiction of the court in the civil action referenced above.
myself to the
5.
I will abide bv the terms of the Protective Order.
(Signature)
(Print or Type Name)
Address:
Telephone Number:
t659806.2
v.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?