Gluhic v. Safeway, Inc.
Filing
17
PROTECTIVE ORDER by Magistrate Judge Kathleen M. Tafoya on 7/10/2012. (kmtcd)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-02408-CMA-KMT
SENAD GLUHIC,
Plaintiff,
vs.
SAFEWAY INC.,
Defendant.
STIPULATED PROTECTIVE ORDER
Plaintiff Senad Gluhic, by and through his counsel, Chan Law Firm, and Defendant
Safeway, Inc., by and through its counsel, Holland & Hart LLP, hereby stipulate and agree as
follows, and the Court, having been fully advised, hereby ORDERS as follows:
1.
All production and disclosure of “Confidential Information” as defined in
paragraph 2 below shall be governed by this Order.
2.
“Confidential Information” as used herein includes, but is not limited to,
documents, materials, and information (in electronic, hard copy, or any other form or media),
including without limitation, documents produced, answers to interrogatories, responses to
requests for admission, deposition testimony, and other information disclosed pursuant to
discovery in this case and designated as “Confidential” pursuant to the terms of this Protective
Order. In general, Confidential Information includes and may be claimed with respect to:
a.
Information concerning present or former employees of Defendant, such
as pay, benefits, hours worked, pay rates, personnel files, and other personal information;
b.
Confidential and proprietary business information regarding Defendant
and its operations, contracts, customers, processes, and equipment; and
c.
Any other information reasonably deemed to be of a confidential or
proprietary nature by the designating party.
The parties shall endeavor to limit the designation of information as Confidential Information to
the information that genuinely warrants the protection provided by the terms of this Order.
3.
Documents may be 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.” In lieu of marking the original documents, a party may mark the copies
that are produced or exchanged.
4.
Confidential documents, materials, and/or information shall be used solely for the
purpose of prosecution or defense of this action, and such documents may only be used,
consistent with the terms of this Order, in pretrial discovery, the trial or preparation for trial, or
any appeal of this action; provided, however, any party may use its own Confidential
Information for any purpose whatsoever. The use of Confidential Information at the trial or in
pretrial discovery or other proceedings shall not be deemed a waiver of the protections of this
Order.
5.
Documents labeled “Confidential” 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 for each party actively engaged in this litigation; including, but
not limited to, attorneys from Holland & Hart LLP and Chan Law Firm;
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b.
Persons regularly employed or associated with the attorneys and actively
engaged in this litigation;
c.
Plaintiff, provided, however, that Plaintiff may only review such material,
or a copy of such material, at the office of her counsel;
d.
Current directors, officers, and employees of Defendant who need to
review such documents to assist in the litigation of this matter;
e.
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;
f.
The Court, jurors, and court staff involved in this case;
g.
Stenographic reporters who are engaged in proceedings necessarily
incident to the conduct of this action;
h.
Deponents, witnesses, or potential witnesses who are reasonably expected
to testify at deposition or trial;
i.
Other persons by written agreement of the parties; and
j.
Outside vendors who perform indexing, photocopying, or similar clerical
functions for the parties’ attorneys.
6.
Any party objecting to the designation of any information as Confidential shall
clearly state the basis for the objection in a written notice to counsel for the party making the
designation. The written notice shall identify the information to which the objection is made. If
the parties are unable to resolve the objection within fourteen (14) days after the time the notice
is received, the party objecting to the confidential designation shall within twenty-one (21) days
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of the aforementioned notice file an appropriate motion with the Court requesting resolution of
the matter, otherwise any objection is waived. Until an objection to the designation of
information has been resolved by agreement of counsel or by order of the Court, the information
shall be deemed to be properly designated and subject to the terms of this Order. The party
making the designation in question shall bear the burden of justifying that designation in any
dispute before the Court requesting modification or striking of the designation.
7.
This Order shall continue to be binding throughout and after the conclusion of the
hearing, including any appeal thereof. Upon conclusion of this case, upon written request, any
and all copies of the opposing party’s Confidential documents shall be returned to opposing
counsel or destroyed by counsel, who shall so certify to opposing counsel. Notwithstanding the
foregoing, all briefs, pleadings, or other filings with the Court, or attorney work product which
incorporates or discloses material covered by this Order may remain in the possession of
counsel, and need not be destroyed, but shall remain subject to this Order.
8.
The terms of this Order may be modified by further order of the Court upon good
cause shown.
DONE AND ORDERED this 10th day of July, 2012.
BY THE COURT:
Kathleen M. Tafoya
United States Magistrate Judge
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STIPULATED TO AND APPROVED AS TO FORM:
s/Catherine A. Chan
Catherine A. Chan
Chan Law Firm
1900 Grant Street, Suite 750
Denver, CO 80203
(303) 586-5555
E-mail: cchan@chanimmigration.com
s/Gregory A. Eurich
Gregory A. Eurich, Esq.
Joseph Neguse, Esq.
HOLLAND & HART LLP
555 Seventeenth Street, Suite 3200
Denver, CO 80202
Telephone: (303) 295-8166
(303) 295-8443
Fax: (303) 975-5464
(720) 545-2089
E-mail: geurich@hollandhart.com
jneguse@hollandhart.com
ATTORNEY FOR PLAINTIFF
ATTORNEYS FOR DEFENDANT
5663607_1.DOCX
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