Wilson v. Colorado Springs Philharmonic Orchestra
Filing
18
Stipulated PROTECTIVE ORDER re 17 , by Judge Richard P. Matsch on 3/29/2012. (rpmcd)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-02549-RPM
CLARK WILSON,
Plaintiff,
v.
COLORADO SPRINGS PHILHARMONIC ORCHESTRA,
Defendant.
STIPULATED PROTECTIVE ORDER
Plaintiff Clark Wilson and Defendant Colorado Springs Philharmonic Orchestra
(collectively referred to as the “Parties” or each individually as a “Party”) have stipulated
to the terms of this Protective Order.
This Protective Order is designed to preserve the confidentiality of certain
testimony given by witnesses in this case and certain information contained in
documents produced pursuant to the terms of this Protective Order. Documents
deemed to be “confidential” shall be so designated in accordance with this Protective
Order. Similarly, all corresponding testimony given by witnesses will be so designated.
To expedite the flow of discovery material, facilitate the prompt resolution of
disputes over confidentiality, and adequately protect material entitled to be kept
confidential, it is, by agreement of the Parties and pursuant to the Court’s authority
under the Federal Rules of Civil Procedure, STIPULATED AND ORDERED that:
2113536.1
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 or produced pursuant to the disclosure or discovery duties created
by Federal Rules of Civil Procedure.
2.
As used in this Protective Order, “document” is defined as provided in
Fed. R. Civ. Proc. 34(a). A draft or non-identical copy is a separate document within the
meaning of this term.
3.
Information designated “CONFIDENTIAL” shall be information that is
confidential and implicates the privacy interests of Plaintiff or Defendant or third parties
and/or information contained in confidential business records, personnel records,
documents, materials and communications. 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 who are 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;
(c)
the Parties, including human resources and management
employees employed by Defendant;
(d)
expert witnesses and consultants retained in connection with this
proceeding, to the extent such disclosure is necessary for
preparation, trial or other proceedings;
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(e)
(f)
stenographic reporters who are engaged in proceedings
necessarily incident to the conduct of this case;
(g)
deponents; and
(h)
5.
the Court in this case and its employees (“Court Personnel”);
other persons by written agreement of the Parties.
Prior to disclosing any CONFIDENTIAL information to any person listed
above (other than counsel, persons employed by counsel, Court Personnel and
stenographic reporters), the disclosing Party 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.
Such written acknowledgment shall be in the form as provided in Exhibit A to this
Stipulated Protective Order, attached hereto and incorporated herein. 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 term “CONFIDENTIAL”
or by designating them as “CONFIDENTIAL” in correspondence from counsel to the
Party producing documents. Defendant may designate documents produced by Plaintiff
as CONFIDENTIAL if they are documents that were originally produced or created as
records of Defendant.
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
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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 and the
specific basis for such objection. 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 objecting to the designation of 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 objecting Party
fails to file such a motion within the prescribed time, the disputed information shall
maintain its designation as CONFIDENTIAL and shall thereafter continue to 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.
In the event Confidential Information is used in any court filing or
proceeding in this action, including but not limited to its use at trial, it shall not lose its
confidential status as between the parties through such use. In order to keep
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Confidential Information contained in documents filed with the court out of the public
record, the party seeking to restrict public access to Confidential Information shall file a
Motion to Restrict Access and shall comply with the requirements of D.C.COLO.LCivR
7.2.
10.
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 produced it within forty-five (45)
days of conclusion of the action, or the Parties may elect to destroy CONFIDENTIAL
documents; provided, however, that counsel for each Party may retain one copy of the
CONFIDENTIAL documents for the sole purpose of maintaining a complete file, and all
such retained documents will not be released, disclosed, or utilized except upon
express permission of this Court after written notice to counsel for the Party that
produced the documents. Where the Parties agree to destroy CONFIDENTIAL
documents, the destroying Party shall provide all Parties with an affidavit confirming the
destruction within forty-five (45) days after conclusion of the action.
11.
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.
Stipulated and approved:
Respectfully submitted this 28th day of March, 2012.
Original signature on file at Kilmer,
Lane & Newman
Original signature on file at Law
Offices of Davis Graham & Stubbs
s/ Lisa R. Sahli
David A. Lane, Esq.
Lisa R. Sahli, Esq.
Killmer, Lane & Newman, LLP
1543 Champa Street, Suite 400
s/ Janet A. Savage
Janet A. Savage, Esq.
Davis Graham & Stubbs LLP
1550 Seventeenth Street, Suite 500
5
Denver, CO 80202
(303) 571-1000
dlane@kln-law.com
lsahli@kln-law.com
Denver, Colorado 80202
Telephone: (303) 892-9400
Facsimile: (303) 892-1379
janet.savage@dgslaw.com
Counsel for Plaintiff
Counsel for Defendant
IT IS SO ORDERED this 29th day of March 2012.
BY THE COURT:
s/Richard P. Matsch
____________________________________
Richard P. Matsch, Senior District Judge
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EXHIBIT A
WRITTEN ACKNOWLEDGEMENT TO STIPULATED PROTECTIVE ORDER
The undersigned hereby acknowledges that he/she has carefully and completely
read the Stipulated Protective Order in the pending litigation between Clark Wilson and
Colorado Springs Philharmonic Orchestra that he/she is one of the persons
contemplated in Paragraph 4 of the Stipulated Protective Order; and that he/she fully
understands and agrees to abide by the obligations and confidences set forth in the
Stipulated Protective Order. The undersigned consents to the jurisdiction of the United
States District Court for the District of Colorado for purposes of enforcing this Stipulated
Protective Order.
Date: ________________________
_________________________________
Signature
________________________________
Title or Position
________________________________
Printed Name
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