Sipes v. Allstate Indemnity Company

Filing 19

PROTECTIVE ORDER by Magistrate Judge Kathleen M. Tafoya on 3/15/2012. (kmtcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No.: 11-cv-02369-PAB
LARRY SIPES, an individual,
Plaintiff,
v.
ALLSTATE INDEMNITY COMPANY, a foreign corporation,
Defendant.

PROTECTIVE ORDER

Pursuant to the stipulation of the parties and in accordance with the provisions of
Fed.R.Civ.P.26(c),
IT IS HEREBY ORDERED THAT:
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, as well as any attorney notes,
memorandums, and written comments made after receipt of and regarding the contents of those
documents documents, materials, and information.
a.

Exception: Notwithstanding any language in this Protective Order to the
contrary, the terms and conditions of this Protective Order shall not apply to
any documents provided by Defendant to Plaintiff on April 7, 2011 by Rita
Booker, Esq., including but not limited to the “Evaluation Letter dated

August 31, 2010 from Rita Booker, Esq. to Stephanie Littleton, Allstate
Insurance Company,” all of which were disclosed by Defendant to Plaintiff
and his attorneys prior to filing the lawsuit.
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.
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Information designated “CONFIDENTIAL” shall be information that is confidential

and implicates common law and/or statutory privacy interests of Allstate Property and Casualty
Insurance Company and its employees and vendors. CONFIDENTIAL information shall not be
disclosed or used for any purpose except the preparation and trial of this case. Information that is
designated by a party as CONFIDENTIAL must first be reviewed by a lawyer and that designation
as confidential must be “based on a good faith belief that [the information] is confidential or
otherwise entitled to protection under Fed.R.Civ.P. 26(c)91)(G); see also Gillard v. Boulder Valley
School Dist., 196 F.R.D. 382 (D.Colo. 2000).
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;

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(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.
The acknowledgment form is attached as Appendix A. 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.”
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
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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.
7.

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.
8.

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. With regard to attorney notes, memorandums, and written comments
made after receipt of and regarding the contents of those documents, materials and information that
are CONFIDENTIAL, the parties will destroy the same and will not to maintain those notes,
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memorandums and comments for use in any future case or claim. Where the parties agree to destroy
CONFIDENTIAL documents, the destroying party shall provide all parties with an affidavit
confirming the destruction.
9.

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.
DONE in Court this 15th day of March, 2012.

BY THE COURT:

___________________________________________
U. S. MAGISTRATE JUDGE

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