Seabron v. American Family Mutual Insurance Company
Filing
93
PROTECTIVE ORDER by Magistrate Judge Kathleen M. Tafoya on 11/3/2011. (kmtcd)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-01096-WJM-KMT
KATHLEEN SEABRON,
ROBERT LAYS,
CARLA LAYS,
KRISTY LARSON, and
VALERIE JENKINS, individually,
and as class representatives on behalf of all
others similarly situated,
Plaintiffs,
vs.
AMERICAN FAMILY MUTUAL INSURANCE COMPANY and
AMERICAN STANDARD INSURANCE COMPANY OF WISCONSIN
Defendants.
PROTECTIVE ORDER
WHEREAS, the Court finds good cause for entry of an order to protect the discovery
and dissemination of confidential information and information that would annoy, embarrass,
or oppress parties, witnesses, and persons providing discovery in this civil action,
IT IS ACCORDINGLY ORDERED THAT:
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)(1)(A). A draft or non-identical copy is a
separate document within the meaning of this term.
3. Information
designated
“CONFIDENTIAL”
shall
be
information that is confidential and implicates: (a) the proprietary,
confidential, competitively sensitive and/or trade secret information of
Defendants and/or their related entities; or (b) any individual’s common
law or statutory privacy interests.
4. No party shall designate any document “CONFIDENTIAL” that
has been admitted into evidence at any trial or hearing, unless the Court:
(a) sealed public access to the document and/or closed the hearing/trial to
the public; or (b) any motion to do so is pending.
5. Documents,
materials,
and/or
information
designated
“CONFIDENTIAL” (collectively “CONFIDENTIAL information”) shall
not be disclosed or used for any purpose except the preparation and trial of
this case.
6. 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;
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(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 defendants;
(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 during the course of any examination; and
(h) other persons by written agreement of the parties.
7. 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 opposing counsel.
8. Documents are designated as CONFIDENTIAL by placing or
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affixing on them (in a manner that will not interfere with their legibility)
the following or other appropriate notice: “CONFIDENTIAL.”
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. The written notice shall identify the
information to which the objection is made. If the parties cannot resolve
the objection within ten 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
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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. 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.
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12. 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: November 3, 2011
BY THE COURT:
____________________________
United States Magistrate Judge
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