Mastro v. Gordmans, Inc.
Filing
33
PROTECTIVE ORDER by Magistrate Judge Kathleen M. Tafoya on 1/20/2012. (kmtcd)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Case No. 1:11cv01326-WYD-KMT
ALEKSANDRA A. MASTRO
Plaintiff,
v.
GORDMANS, INC.,
Defendant
______________________________________________________________________________
PROTECTIVE ORDER
______________________________________________________________________________
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 Fed.R.Civ.P. 34(a). A
draft or non-identical copy is a separate document within the meaning of this term.
3. Documents designated "CONFIDENTIAL" shall involve or otherwise refer to employees of
Defendant other than Plaintiff (“Other Employees”) regarding the terms of Other Employee(s)’
employment, their job performance, or any information regarding their employment relationship
with Defendant. No document shall be designated CONFIDENTIAL unless legal counsel for
the party who is designating the document as CONFIDENTIAL has reviewed the document and
is able to certify that based on a good faith belief the document is confidential or otherwise
entitled to protection under this Order. 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;
(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 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 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.
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.
SO ORDERED this 20th day of January, 2012.
BY THE COURT:
Prepared by and submitted on this 18th day of January, 2012
ELIZABETH JEFFRIES, Plaintiff
GORDMANS, INC. Defendant
By:
By: /s/J. Mark Baird____________________
J. Mark Baird
Baird Quinn, LLC
The Bushong Mansion
2036 E. 17th Avenue
Denver, CO 80206
of
/s/Scott P. Moore
Scott Parrish Moore
Allison D. Balus (pro hac vice)
BAIRD HOLM LLP
1500 Woodmen Tower
1700 Farnam Street
Omaha, NE 68102-2068
Phone: 402-344-0500
AND
Counsel for Plaintiff
DOCS/1067250.5
Counsel for Defendants
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