Galyas v. Lockheed Martin Corp.

Filing 18

PROTECTIVE ORDER: by Magistrate Judge Boyd N. Boland on 6/6/11. (bnbcd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 10-cv-03122-PAB-BNB
FELICIA GALYAS,
Plaintiff,
v.
LOCKHEED MARTIN CORP., d/b/a LOCKHEED MARTIN SPACE SYSTEMS,
Defendant.

STIPULATED PROTECTIVE ORDER

Upon consideration of the Motion for Entry of Stipulated Protective Order submitted by
Plaintiff Felicia Galyas and Defendant Lockheed Martin Corp., d/b/a Lockheed Martin Space
Systems (collectively, the “Parties”), and it appearing to the Court that sufficient cause exists
under FED. R. CIV. P. 26(c) for the issuance of a Protective Order, it is ORDERED as follows:
1.

In this action, at least one of the Parties has sought and/or may seek Confidential

Information (as defined in paragraph 2 below). The Parties also anticipate seeking additional
Confidential Information during discovery and that there will be questioning concerning
Confidential Information in the course of depositions or in written discovery requests. The
Parties assert 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.
2.

“Confidential Information” means 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 by
one of the Parties in the manner provided in paragraph 3 below, that is confidential an
implicates common law or statutory privacy interests. as including, but not limited to,
information relating to current or former employees of Defendant; information relating to salary,

benefits, other compensation, and all other confidential information maintained in personnel and
benefits files or communicated to former and current employees of the Defendant; and
information concerning proprietary matters, including but not limited to, the Defendant’s
business plans, customer accounts, customer names, financial data and strategic initiatives.
3.

Where Confidential Information is produced, provided or otherwise disclosed by

a Party in response to any discovery request, it will be designated in the following manner:
a.

By imprinting the word “Confidential” on the first page or cover of any
document produced;

b.

By imprinting the word “Confidential” next to or above any response to a
discovery request; and

c.

With respect to transcribed testimony, by giving written notice to
opposing counsel designating such portions as “Confidential” no later than
ten (10) calendar days after receipt of the transcribed testimony.

4.

All Confidential Information provided by a Party in response to a discovery

request or transcribed testimony shall be subject to the following restrictions:
a.

It shall be used only for the purpose 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 case and unless an affidavit in the form of Exhibit A has
been signed.

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5.

All Confidential Information disclosed or produced in discovery should be

disclosed or produced in a manner consistent with FED. R. CIV. P. 5.2.
6.

Individuals authorized to review Confidential Information pursuant to this

Protective Order shall hold Confidential 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.
7.

The Party who discloses Confidential Information to a third party shall be

responsible for assuring compliance with the terms of this Protective Order with respect to
persons to whom such Confidential Information is disclosed and 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. However, disclosure to
any legal assistants of counsel of record, attorneys associated with counsel of record, and any
other employees of counsel of record under normal office procedure shall not require an affidavit
from such person(s) or inclusion of such names on the list required by this paragraph.
8.

During the pendency of this action, a Party who produced Confidential

Information may request to inspect the list maintained pursuant to paragraph 7 by the Party who
received the Confidential Information above upon a showing of substantial need in order to
establish the source of an unauthorized disclosure of Confidential Information. If the Party to
whom the request is made disagrees with the showing of substantial need or fails to produce the
list for inspection within ten days of a written request, the Party requesting the right to inspect
the list may seek a Court order requiring inspection under terms and conditions deemed
appropriate by the Court.

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9.

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

Parties' counsel in this litigation and such copies shall be made and used solely for purposes of
this litigation.
10.

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

Confidential Information, and copies made therefrom pursuant to paragraph 9 above.
11.

A party may object to the designation of particular Confidential Information

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. If a Party objects to
the other Party's designation of certain information as Confidential Information, the objecting
Party shall promptly inform the other Party in writing of the specific grounds of objection to the
designation. The Parties' counsel shall then, in good faith and on an informal basis, attempt to

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resolve such dispute. If after such good faith attempt, the Parties are unable to resolve their
dispute, the Party objecting to the confidential designation may move for a disclosure order
consistent with this order. Any motion for disclosure shall be filed within fourteen days of
producing Party's refusal to remove the confidential designation. The information shall continue
to have Confidential Information status from the time it is produced until the ruling by the Court
on the motion.
12.

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. Confidential Information and pleadings or briefs quoting
or discussing Confidential Information will not be accepted for filing “under seal” or otherwise
kept out of the public record in this action, however, except by Court order issued upon motion
of the Party seeking to file the documents under seal. Any motion requesting leave to file
documents under seal shall comply with the requirements of D.C.COLO.LCivR 7.2 and 7.3 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)).
13.

The termination of this action shall not relieve the Parties or other persons

obligated hereunder from their responsibility to maintain the confidentiality of Confidential
Information pursuant to this Protective Order, and the Court shall retain continuing jurisdiction
to enforce the terms of this Protective Order.

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14.

By agreeing to the entry of this Protective Order, the Parties adopt no position as

to the authenticity or admissibility of documents produced subject to it.
15.

Upon termination of this litigation, including any appeals, each Party shall

immediately return to the producing Party all Confidential Information provided subject to this
Protective Order, and all extracts, abstracts, charts, summaries, notes or copies made therefrom
that is not subject to the attorney-client privilege or the work-product doctrine, or shall provide
the producing Party with an affidavit from the receiving Party’s counsel confirming that these
materials have been destroyed. Each Party’s counsel shall be permitted to keep one copy for its
files of any work product that may contain or reference Confidential Information for a period of
up to three years after a final dismissal of the litigation, including all appeals. Such copies shall
be kept in a confidential manner and the Confidential Information shall retain its confidential
status and not be used for any purpose other than this litigation or defense of counsel's actions in
this litigation.
16.

The Parties shall familiarize themselves with and comply with the provisions of

FED. R. CIV. P. 26(c)(b)(5)(B) regarding the inadvertent production of privileged
communications or work product.
17.

Nothing in this Protective Order shall preclude any Party from filing a motion

seeking further or different protection from the Court under FED. R. CIV. P. 26(c), or from filing
a motion with respect to the manner in which Confidential Information shall be treated at trial.

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Dated June 6, 2011.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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STIPULATED AND AGREED BY:

CARL M. VARADY

By:

s/ Carl M. Varady
Carl M. Varady
1001 Bishop Street
Suite 2870
Honolulu, HI 96813
Tel: [phone]
Fax: [phone]
[e-mail]
Attorneys for Plaintiff Felicia Galyas

HUSCH BLACKWELL LLP

By:

s/ Mary Hurley Stuart
Mary Hurley Stuart
Jason R. Prussman
1700 Lincoln, Suite 4700
Denver, CO 80203
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant Lockheed Martin Corp.
d/b/a Lockheed Martin Space Systems

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EXHIBIT A
AFFIDAVIT
STATE OF
COUNTY OF

)
) ss.
)

______________________, swears or affirms and states under penalty of perjury:
1.
I have read the Protective Order in Felicia Galyas v. Lockheed Martin Corp. d/b/a
Lockheed Martin Space Systems, a copy of which is attached to this Affidavit.
2.
I have been informed by _______________ ________, Esq., counsel for
___________________________, that the materials described in the list attached to this Affidavit are
Confidential Information as defined in the Protective Order.
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 myself
to the jurisdiction of the court in the civil action referenced above.
5.

I will abide by the terms of the Protective Order.

(Signature)

(Print or Type Name)
Address:

Telephone No.: (___)

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SUBSCRIBED AND SWORN to before me this __________ day of _________, 20__, by
______________________________________.
WITNESS my hand and official seal.

Notary. Public
[S E A L]

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My Commission Expires:

10