Cook v. Vinyard et al
Filing
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PROTECTIVE ORDER by Magistrate Judge Michael E. Hegarty on 8/24/2011. (mehcd)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-01541-CMA-MEH
SUSAN M. COOK, on behalf of herself and all similarly situated persons,
Plaintiff,
v.
JEFFREY VINYARD,
Defendant.
PROTECTIVE ORDER
Michael E. Hegarty, United States Magistrate Judge.
After consideration of Defendants Unopposed Motion for Protective Order, the Court hereby
enters this Protective Order concerning confidential information, as follows:
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 and designated as
"CONFIDENTIAL" pursuant to the terms of this Protective Order.
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.
"CONFIDENTIAL" information covered under the terms of this protective order shall
include documents, materials and/or information produced by either Susan M. Cook ("Plaintiff) or
Jeffrey Vinyard and 4SR Spiff, Inc., d/b/a The Cleaning Authority Denver South, ("Defendants"),
when designated as "CONFIDENTIAL" as provided herein: (a) concerning current or former
employees of Defendants (including Plaintiff), including personnel or personnel-related documents
or internal memoranda; (b) concerning business or financial documents, information, research,
development or commercial information, which Defendants contend is proprietary, confidential or
a trade secret; and (c) concerning information relating to Defendants' customers (including names,
addresses, and amounts paid for services).
As a condition of designating documents
"CONFIDENTIAL," the documents must be reviewed by a lawyer of the designating party who will
certify that the designation as "CONFIDENTIAL" is based on a good faith belief that the
information is confidential or otherwise entitled to protection under Fed. R. Civ. P. 26(c).
4.
CONFIDENTIAL information shall not be disclosed or used for any purpose except the
preparation and trial of this case.
5.
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 working on this case;
(b)
persons regularly employed or associated with the attorneys 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.
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6.
Documents are designated as CONFIDENTIAL by placing or affixing on them (in a manner
that will not interfere with their legibility) or otherwise designating as CONFIDENTIAL in clear
and inconspicuous manner the following or other appropriate notice: "CONFIDENTIAL."
7.
All depositions shall be treated as CONFIDENTIAL until expiration of thirty (30) days after
the deposition. 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 within thirty (30) days of the aforementioned notice. 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
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CONFIDENTIAL shall bear the burden of establishing that good cause exists for the disputed
information to be treated as CONFIDENTIAL.
9.
As with all court filings, the parties shall comply with D.C.COLO.LCivR 7.2 as to any
information to be submitted under seal based on this Protective Order.
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 24th day of August, 2011, in Denver, Colorado.
BY THE COURT:
Michael E. Hegarty
United States Magistrate Judge
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