Mallory v. Jones et al

Filing 74

PROTECTIVE ORDER by Magistrate Judge Kathleen M. Tafoya on 1/4/2012. (kmtcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 10-cv-2564-RBJ-KMT
MATHEW MALLORY,
Plaintiff,
v.
SUSAN JONES, et. al,.
Defendants.

STIPULATED PROTECTIVE ORDER

The parties, by and through their respective counsel, hereby agree to the following
Stipulated Protective Order and request that it be entered as an Order of the Court. Upon a
showing of good cause in support of the entry of a protective order to protect the disclosure and
discovery of confidential information in this case, IT IS ORDERED:
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 disclosed pursuant to the
disclosure or discovery duties created by the Federal Rules of Civil Procedure.
2.

As used in this Protective Order, “document” is defined as provided in Fed. R. Civ.

P. 34(a). A draft or non-identical copy is a separate document within the meaning of this term.

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3.

Information designated “CONFIDENTIAL” shall be information in which a party

has a statutory, regulatory, or common law right of privacy or protection against dissemination
or disclosure as well as proprietary or non-public business information relating to operational
strategies, policies, plans, corporate structure, and similar information treated or considered by a
Party, whether by policy or practice, to be confidential or proprietary. CONFIDENTIAL
information shall not be disclosed or used for any purpose except the preparation and trial of this
case.
4.

CONFIDENTIAL documents, materials, and/or information (collectively

“CONFIDENTIAL information”) shall not, without the consent of the party producing it or
further Order of the Court, be disclosed except that such information may be disclosed to:
a. attorneys actively working on this case;
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,
at trial, or at other proceedings in this case;
c. the parties, including designated representatives for the entity parties;
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, witnesses and potential witnesses;

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h. other persons by written agreement of the parties.
5.

A subset of CONFIDENTIAL information may be designated CONFIDENTIAL -

ATTORNEYS ONLY. Any information so designated shall not, without the consent of the party
producing it or further Order of the Court, be disclosed except that such information may be
disclosed to:
a. attorneys actively working on this case;
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,
at trial, or at other proceedings in this case;
c. 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;
d. Court Personnel;
e. stenographic reporters who are engaged in proceedings necessarily incident to the
conduct of this action; and
f. other persons by written agreement of the parties.
6.

Prior to disclosing any CONFIDENTIAL information to any person listed above

(other than counsel, persons employed by counsel, Court Personnel and stenographic reporters),
counsel shall provide such person with a copy of this Protective Order and obtain from such
person a written acknowledgment stating that he or she has read this Protective Order and agrees
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

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opposing counsel.
7.

Documents are designated as CONFIDENTIAL by placing or affixing on them (in a

manner that will not interfere with their legibility) the following or other appropriate notice:
“CONFIDENTIAL.” Documents are designated as CONFIDENTIAL - ATTORNEYS ONLY
by placing or affixing on them (in a manner that will not interfere with their legibility) the
following or other appropriate notice: “CONFIDENTIAL - ATTORNEYS ONLY.”
8.

Counsel for the party producing any information that will be designated

CONFIDENTIAL shall review the information and, prior to designating such information
CONFIDENTIAL, shall certify that the designation as CONFIDENTIAL is based on a good
faith belief that the information is in fact confidential or otherwise entitled to protection.
9.

Whenever a deposition involves the disclosure of CONFIDENTIAL information, the

deposition or portions thereof shall be designated as CONFIDENTIAL and shall be subject to
the provisions of 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.
10.

A party may object to the designation of particular CONFIDENTIAL information by

giving written notice to the party designating the disputed information within thirty (30) days
after the party designates information as CONFIDENTIAL. The written notice shall identify the
information to which the objection is made. If the parties cannot resolve the objection within
twenty (20) days after the time the notice is received, it shall be the obligation of the party

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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.
11.

If a party discloses information NOT designated as CONFIDENTIAL, the other party

has thirty (30) days to let the disclosing party know of its intention to designate the information
as CONFIDENTIAL. In a situation where the party disclosing the information objects to the
proposed designation of this information as CONFIDENTIAL, the provisions of Para. 10 will
apply for the resolution of the dispute.
12.

At the conclusion of this case, unless other arrangements are agreed upon, each

document and all copies thereof which have been designated as CONFIDENTIAL shall be
returned to the party that designated it CONFIDENTIAL, or the parties may elect to destroy
CONFIDENTIAL documents. Where the parties agree to destroy CONFIDENTIAL documents,
the destroying party shall provide all parties with an affidavit confirming the destruction.
13.

By designating information as CONFIDENTIAL or CONFIDENTIAL –

ATTORNEYS EYES ONLY and producing such information pursuant to the terms of this

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Protective Order, no party waives any objections or statutory exemptions that may otherwise be
asserted.
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.

Dated this 4th day of January, 2012.

BY THE COURT:

______________________
United States Magistrate Judge

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