Curtis v. Wells Fargo Bank, N.A.
Filing
12
PROTECTIVE ORDER re: 11 , by Judge Richard P. Matsch on 7/13/2011. (rpmcd )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:11-cv-01102-RPM
DEBRA CURTIS,
Plaintiff,
v.
WELLS FARGO BANK, N.A.,
Defendant.
PROTECTIVE ORDER
This matter comes before the Court on the parties’ Stipulated Motion for Entry of
Protective Order.
The Court has reviewed that Motion.
The Motion is meritorious and
acceptable. Therefore, 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.
3.
Information designated “CONFIDENTIAL” shall be information that is
confidential and implicates common law and statutory privacy interests such as: (a) personnel
records of current or former third-party employees of Defendant Wells Fargo, N.A. (“Defendant”
or “Wells Fargo”); (b) banking or other financial or account records of current or former thirdparty customers of Defendant; and (c) Defendant’s trade secrets or other confidential and
proprietary commercial or financial information belonging to Defendant. 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 be used solely for the purpose of this action, and shall
not, without the consent of the party producing it or further Order of the Court, be used,
transferred, disclosed or communicated in any way, 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 Defendant;
(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, or potential witnesses; and
(h)
other persons by written agreement of the parties.
5.
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 an executed “Written Assurance” in the form attached hereto as Exhibit A. All such
written assurances 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.
6.
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.”
7.
Any party who inadvertently fails to identify documents or information as
CONFIDENTIAL shall, promptly upon discovery of its oversight, provide written notice of the
error and substitute appropriately-designated documents. Any party receiving such improperlydesignated documents shall promptly retrieve such documents from persons not entitled to
receive those documents and, upon receipt of the substitute documents, shall return or destroy the
improperly-designated documents.
8.
Any party who inadvertently discloses documents that are privileged or otherwise
immune from discovery shall, promptly upon discovery of such inadvertent disclosure, so advise
the receiving party and request that the documents be returned. The receiving party shall return
such inadvertently produced documents, including all copies and copies the receiving party
provided to any other individual or entity, within 14 days of receiving such a written request.
9.
Any pleadings, exhibits or filings which contain CONFIDENTIAL information,
or testimony designated as CONFIDENTIAL, shall be filed under seal with the Court in
accordance with D.C.COLO.LCivR 7.2 and the Court’s “Electronic Case Filing Procedures for
the District of Colorado.” Prior to disclosure at trial or a hearing regarding CONFIDENTIAL
information, the parties may seek further protections against public disclosure from the Court.
10.
Whenever any documents or testimony which contain CONFIDENTIAL
information in the form of customer or account information are filed with the Court or presented
at trial or a hearing, the party filing or presenting the CONFIDENTIAL information must redact
the customer name by replacing it with the customer’s initials, and must redact the customer
account number by replacing it with the last four digits of the account number. Such redaction
must be performed even if the documents are filed under seal.
11.
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. Transcript pages containing CONFIDENTIAL information must be
separately bound by the court reporter, who must affix to the top of each such page the legend
“CONFIDENTIAL,” as instructed by the party or non-party offering or sponsoring the witness or
presenting the testimony.
12.
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.
13.
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.
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.
ORDERED this 13th day of July, 2011.
BY THE COURT:
s/Richard P. Matsch
_________________________________________
Richard P. Matsch
Senior District Judge
EXHIBIT A
WRITTEN ASSURANCE
_________________________________________ declares that:
I reside at _______________________________________ in the City of
__________________, County of
, State of
_____________. My telephone number is __________________________________.
I am currently employed by ___________________________________, located at
_____________________________________________________, and my current job title is
____________________________________________________.
I have read and I understand the terms of the Protective Order dated July __, 2011, filed in
Civil Action No. 1:11-cv-01102-RPM, pending in the United States District Court for the
District of Colorado. I agree to comply with and be bound by the provisions of the Protective
Order. I understand that any violation of the Protective Order may subject me to sanctions by the
Court.
I shall not divulge any documents, or copies of documents, designated
“CONFIDENTIAL” obtained pursuant to such Protective Order, or the contents of such
documents, to any person other than those specifically authorized by the Protective Order. I
shall not copy or use such documents except for the purposes of this action and pursuant to the
terms of the Protective Order.
As soon as practical, but no later than 30 days after final termination of this action, I shall
return to the attorney from whom I have received them, any documents in my possession
designated “CONFIDENTIAL,” and all copies, excerpts, summaries, notes, digests, abstracts,
and indices relating to such documents.
I submit myself to the jurisdiction of the United States District Court for the District of
Colorado for the purpose of enforcing or otherwise providing relief relating to the Protective
Order.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on ______________________
(Date)
____________________________
(Signature)
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?