Sandage v. Longmont Winnelson Co. et al
Filing
27
PROTECTIVE ORDER: by Magistrate Judge Boyd N. Boland on 9/19/11. (bnbcd, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-01527-WJM-BNB
MARJA KLINE SANDAGE,
Plaintiff,
v.
LONGMONT WINNELSON CO., a Delaware corporation, and
WINWHOLESALE, INC., a Delaware corporation,
Defendants.
____________________________________________________________________________
STIPULATED PROTECTIVE ORDER
______________________________________________________________________________
Under Rule 26(c), FED. R. CIV. P., upon a showing of good cause in support of the entry
of a protective order to protect the discovery and dissemination of confidential personnel or
commercial information and information that will improperly annoy, embarrass, or oppress any
party, witness, or person providing discovery in this case, IT IS ORDERED:
1.
This Stipulated Protective Order shall apply to all documents, materials and
information, including without limitation, documents produced, answers to interrogatories,
responses to requests for admission, depositions and other information disclosed pursuant to
the disclosure or discovery duties created by the Federal Rules of Civil Procedure.
2.
As used in this Stipulated Protective Order, “document” is defined as provided
in Rule 34(a), FED. R. CIV. P. A draft or non-identical copy is a separate document within
the meaning of this term.
3.
Confidential documents, materials, and information (collectively, the
“Confidential Information”) shall not be disclosed or used for any purpose except the
preparation and trial of this case. The duty to keep confidential information confidential
survives the completion of this case.
4.
Information designated “Confidential” shall be information that is confidential
and implicates common law and statutory privacy interests; concerns private financial,
employment or medical information of Plaintiff Marja Kline Sandage (“Plaintiff”); or
confidential business information about Defendants Longmont Winnelson Co. (“Longmont”)
and WinWholesale, Inc. (“WinWholesale”) (collectively “Defendants”), Defendants’ affiliates
or subsidiaries, current or former employees and agents, trade secrets or other confidential
research, or marketing, development or commercial information of Defendants. As a
condition of designating documents for confidential treatment, the documents must be
reviewed by a lawyer and a good faith determination must be made that the documents are
entitled to protection.
5.
A party designating documents as Confidential Information may do so by
marking such material with the legend "Confidential."
6.
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 is promptly given to all counsel
of record within thirty (30) days after notice by the court reporter of the completion of the
transcript.
7.
The parties recognize but do not necessarily agree that Confidential
Information may include, but is not limited to, sensitive and non-public information and
records concerning compensation, employee duties and performance, employee discipline
and promotions, personnel decisions and other documents related to the Plaintiff’s
employment with Defendants, and Defendants’ general business practices, financial matters,
information regarding client/customer relationships, and technical, strategic or other
proprietary business information. 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 of the case, at trial, or at other
proceedings in this case;
c.
the parties, including Plaintiff and Defendants and Defendants’
Board of Directors, officers, managers, and any designated
advisory witnesses who are directly assisting said attorneys in the
preparation of this case;
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, jurors and/or court staff in any proceeding herein;
f.
stenographic reporters who are engaged in proceedings necessarily
incident to the conduct of this action;
g.
h.
8.
deponents, witnesses or potential witnesses; and
other persons by written agreement of the parties.
In no event shall a person or entity that is a competitor (direct or
indirect) of Defendants, or who may be involved in any charge or claim against the
Defendants, be allowed to view or receive any information designated by Defendants
as Confidential, absent Defendants’ written consent or Order of the Court.
9.
Before the parties or their counsel may disclose any Confidential
Information to any persons contemplated by paragraph 7 of this Stipulated Protective
Order (other than counsel, persons employed by counsel, Court Personnel and
stenographic reporters), such person shall be provided with a copy of the Stipulated
Protective Order and shall be advised that he or she shall be bound by its provisions.
In the event any counsel of record determines that persons other than those provided
for in Paragraph 7 above have a need to review any Confidential Information, written
authorization of the party who produced the Confidential Information must be
obtained in advance of such disclosure. Should the party who produced the
Confidential Information refuse such authorization, counsel may apply to the Court
for authorization.
10.
A party may object to the designation of particular Confidential
Information by giving written notice to the party that designated the disputed
information and all other parties to the civil action. 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 Information
to file an appropriate motion requesting that the Court determine whether the
disputed information should be subject to the terms of this Stipulated Protective
Order. If such a motion is timely filed, the disputed information shall be treated as
Confidential Information under the terms of this Stipulated Protective Order until the
Court rules on the motion. If the designating party fails to file such a motion within
the prescribed period, the disputed information shall lose its designation as
Confidential Information and shall not thereafter be treated as Confidential
Information in accordance with this Stipulated Protective Order. In connection with
a motion filed under this provision, the party designating the information as
Confidential Information shall bear the burden of establishing that good cause exists
for the disputed information to be treated as Confidential Information.
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 Information shall be destroyed or preserved by counsel in a manner
which is fully consistent with the terms of this Protective Order. At the end of the
litigation (including any appeals), counsel will not be required to return the material.
The parties shall have the right to seek modification of this Order from the
Court upon showing of good cause.
Dated September 19, 2011.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge
So Stipulated:
s/Brett A. McDaniel
Brett A. McDaniel
McDaniel Law Firm, LLC
1536 Cole Blvd., Suite 335-A
Lakewood, CO 80401
Telephone: 303-238-5956
Facsimile: 303-238-5960
E-mail:
bmcdaniel@bamlawllc.com
ATTORNEY FOR PLAINTIFF
s/Judith A. Biggs
Judith A. Biggs
HOLLAND & HART LLP
One Boulder Plaza
1800 Broadway, Suite 300
Boulder, CO 80302
Telephone: (303) 473-2700
Facsimile: (303) 473-2720
Email: jbiggs@hollandhart.com
Bradford J. Williams
HOLLAND AND HART LLP
555 Seventeenth Street, Suite
3200
Post Office Box 8749
Denver, CO 80201-8749
Phone: (303) 295-8121
Fax: (303) 223-3271
bjwilliams@hollandhart.com
ATTORNEYS FOR DEFENDANTS
LONGMONT WINNELSON CO. AND
WINWHOLESALE, INC.
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