Borroughs et al v. San Luis Valley Federal Bank et al
Filing
48
PROTECTIVE ORDER by Magistrate Judge Kathleen M. Tafoya on 8/15/2011. (kmtcd)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-01275-WJM-KMT
RICHARD S. BORROUGHS, individually and as a member of Great River Properties, LLC;
GALIT BORROUGHS;
G. GREG SAWYERS, Trustee of the G. Greg Sawyers Trust u/d/t June 6, 2001, individually
and as a member of Great River Properties, LLC; and
GREAT RIVER PROPERTIES, LLC, a Colorado limited liability company,
Plaintiffs,
v.
SAN LUIS VALLEY FEDERAL BANK, a federally chartered banking institution;
WESCO PROPERTIES, LLC, a Colorado limited liability company;
DOUGLAS WEST, individually and as a managing member of Wesco Properties, LLC, a
Colorado limited liability company;
RONALD KOHAN, individually and as a managing member of Wesco Properties, LLC, a
Colorado limited liability company;
JANE DOE WEST; and
JANE DOE KOHAN,
Defendants.
ORDER GRANTING MOTION FOR PROTECTIVE ORDER
In accordance with Federal Rule of Civil Procedure 26(c)(1), and upon a showing
of good cause in support of the entry of a protective order to protect the discovery and
dissemination of confidential information or information which will improperly annoy,
embarrass, or oppress any party, witness, or person providing discovery 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
Federal Rule of Civil Procedure 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 of any of the
parties to this Action or any current or former customer of San Luis Valley Federal Bank,
as “customer” is used in 15 U.S.C. §§ 6801-6809. 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)
(b)
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attorneys actively working on this case;
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)
(g)
(h)
the parties, including designated representatives for the parties that are
entities1;
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;
the Court and its employees (“Court Personnel”);
stenographic reporters who are engaged in proceedings necessarily incident
to the conduct of this action;
deponents, witnesses, or potential witnesses; and
other persons by written agreement of the parties.
5.
Prior to disclosing any CONFIDENTIAL information to any person listed
(d)
(e)
(f)
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.
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.
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
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The Parties have agreed that the “designated representatives,” as used in this Order, are as follows: Richard
Borroughs and G. Greg Sawyers for Plaintiff Great River Properties, LLC; Duane Bussey, Shon Davis, and William
Fassett for Defendant San Luis Valley Federal Bank; and Douglas West, Ronald Kohan, and Ron Howard for
Defendant Wesco Properties, LLC.
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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.
8.
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.
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9.
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.
10.
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 15th day of August, 2011
______________________________
Magistrate Judge Kathleen M. Tafoya
3788805
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