Coryell v. Lasley et al

Filing 22

Stipulated PROTECTIVE ORDER, by Judge R. Brooke Jackson on 1/13/12. (lsw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Case No. 11-CV-2559 RBJ-BNB
LEONE S. CORYELL,
Plaintiff,
v.
JOE I. LASLEY and RAM TRUCKING, INC.,
a Wyoming Corporation
Defendants.

STIPULATED PROTECTIVE ORDER
______________________________________________________________________________
This Order is entered pursuant to the agreement of counsel for Plaintiff Leone S. Coryell
("Plaintiff") and counsel for Defendants Joe I. Lasley and Ram Trucking, Inc. ("Defendants").
Court finds as follows:
A.
That Plaintiff possesses certain documents that contain confidential, proprietary,
or trade secret information that may be subject to discovery in this action, but that should not be
made publicly available.
B.
That a Protective Order should be entered in this matter that will properly balance
the discovery rights of the Defendants with the Plaintiff’s right to protect the confidential,
proprietary, or trade secret information, and it is therefore:
ORDERED, ADJUDGED AND DECREED:
1.
All production and disclosure of “Confidential Information,” as defined in
Paragraph 2 below, during this litigation shall be governed by this Order. All materials provided
by Plaintiff pursuant to this Protective Order that are designated Confidential Information shall
be used solely and exclusively for the preparation for and conduct of this litigation, and shall not,
unless directed by an appropriate Court, be made available, disclosed, or disseminated in any
manner for any other purpose. Individuals authorized to review Confidential Information
pursuant to this Protective Order shall hold Confidential Information in confidence and shall not
divulge the Confidential Information, either verbally or in writing, to any person or entity not
otherwise authorized to receive the information under this Order unless authorized to do so by

Court order.
2.
“Confidential Information” means any information that is designated as
confidential by the supplying party, including but not limited to printed documents, computer
disks or other electronic media, information contained in documents or electronic media,
testimony and exhibits introduced in hearings or at trial, information revealed during depositions,
and information revealed in interrogatory answers.
3.
All Confidential Information shall be clearly and prominently marked on every
single-page document, on at least the initial page or cover of a multi-page document (including
deposition transcripts), and in a prominent location on the exterior of any tangible object, by:
a.

Placing the designation “CONFIDENTIAL” on the Confidential
Information; or

b.

Overlaying language substantially similar to “PRODUCED PURSUANT
TO PROTECTIVE ORDER" in Coryell v. Lasley, et al., Case Number 11CV-2559 RBJ-BNB, United States District Court for The District of
Colorado on the text of the Confidential Information; or

c.

Otherwise indicating on the face of the Confidential Information that it is
subject to the terms of a Protective Order.

4.
Any party objecting to the designation of any information as Confidential
Information shall clearly state the basis for the objection in a letter to counsel for the party
making the designation, and such letter must be received by counsel for the party making the
designation no later than one hundred twenty (120) days after the objecting party received the
Confidential Information to which it objects. If the parties are unable to resolve the objection,
any party may move the Court to do so. 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
assumed to be properly designated, and shall be subject to the terms of this Protective Order.
The party making the designation in question shall bear the burden of justifying that designation
in any motion before the Court to modify or strike the designation.
5.
The terms of this Protective Order may be modified only by written agreement of
counsel for the parties or by further order of the Court. If fewer than all of the parties join in
such an agreement, all information of the non-joining party or parties will be governed by this
Order.
6.
Subject to the provisions of Paragraphs 7 and 8 below, Confidential Information
may be disclosed only to the following persons:
a.

The parties and attorneys for each party actively engaged in this litigation
and law clerks, paralegals, office clerks, and secretaries working under

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their supervision;
b.

Court personnel and/or court reporters who are actively engaged in
connection with the preparation for and trial of this litigation;

c.

Expert witnesses retained for consultation or for testimony;

d.

Any witness with prior knowledge of the information to be disclosed.

7.
Prior to the disclosure of any Confidential Information to any person not covered
by Paragraphs 6(a)–(c) above, counsel for the party that has received such Confidential
Information shall first provide such person with a copy of this Order, and shall require such
person to execute the agreement attached as Exhibit 1 to this Order. Counsel for the party that
has made Confidential Information available to persons not covered by Paragraphs 6(a)–(c)
above is required to send a copy of the executed Exhibit 1 to counsel for the party that produced
the Confidential Information, within thirteen days of such third person’s receipt of Confidential
Information.
8.
The provisions of this Order with respect to Confidential Information shall not
apply to information which (a) was, is, or becomes public knowledge, through no violation of
this Order; (b) is acquired in good faith from a third party not subject to this Order, such third
party being lawfully in possession of such information and able to release it; (c) was possessed
prior to receipt of the material asserted to be confidential from a source able to provide it without
a breach of confidence; or (d) was or is discovered independently by the receiving party by
means that do not constitute a violation of this Order.
9.
This Order shall bind all parties to this litigation to maintain all documents,
electronic media, or other tangible materials containing Confidential Information as
“Confidential” even after the final termination of the subject litigation. In so doing, the parties
agree that Confidential Information shall not, unless directed by an appropriate Court, be made
available, disclosed, disseminated in any manner for any other purpose even after the final
termination of the subject litigation. Individuals authorized to review the Confidential
Information pursuant to the Protective Order shall hold Confidential Information in confidence
and shall not divulge said information following the conclusion and final termination of the
subject litigation.

10.
If a document containing Confidential Information is so designated and marked as
a deposition exhibit, such exhibit shall, if filed, be filed under seal. If testimony concerning
Confidential Information is elicited at a deposition, hearing, or trial, counsel for any party may
request that a designated portion of the transcript be treated as Confidential Information. Such a
request shall be made by counsel in a reasonable manner or by making a suitable designation in
the record at the deposition, hearing, or trial. If such a request is made, such portion of the
transcript shall be so treated and filed under seal, if it is filed in the record.

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11.
All documents containing Confidential Information filed with the Court in
connection with a motion or otherwise shall be filed under seal.
12.
The inadvertent or unintentional disclosure of Confidential Information,
regardless of whether the information was so designated at the time of disclosure, shall not be
deemed a waiver in whole or in part of a party’s claim of confidentiality either as to the specific
information disclosed therein or on the same or related subject matter, provided that the party
asserting the claim of confidentiality informs the opposing party of its claim within a reasonable
time after learning of the disclosure.
13.
Nothing contained in this Order, nor any action taken in compliance with it, shall
(a) operate as an admission by any party that any document or information is, or is not, either
confidential or admissible in evidence in this action, or (b) prejudice in any way the right of any
party to seek, by way of consent of all parties or by application to the Court, (i) to have
information not covered by this Order treated as Confidential Information within the meaning of
this Order, (ii) additional protection for specific documents or information; or (iii) relief from the
provisions of this Order with respect to specific items or categories of documents or information.
14.
Nothing contained in this Order shall be construed as preventing counsel from
advising their respective clients as to counsel’s opinions and conclusions so long as information
designated as Confidential Information is not disclosed to persons not properly authorized to
receive such information under this Order.
15.
This Stipulation and Order shall be construed in accordance with and governed by
the laws of the State of Colorado.
THUS DONE AND SIGNED this 13th day of January, 2012.
BY THE COURT:

____________________________________
R. Brooke Jackson
United States District Judge

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APPROVED AS TO FORM AND CONTENT:

s/ Seth A. Rider

s/ Patrick DiBenedetto, Esq.

Seth A. Rider, Esq.
Katherine L. Vaughn, Esq.
Baldwin Morgan & Rider, PC
1512 Larimer Street, Suite 450
Denver, CO 80202
Phone: [phone]
Fax: [phone]
Email:[e-mail]
[e-mail]

Patrick J. DiBenedetto, Esq.
Metier Law Firm, LLC
4828 S. College Avenue
Fort Collins, CO 80525
Phone: [phone]
Fax: [phone]
Email: [e-mail]

ATTORNEYS FOR DEFENDANTS
RAM TRUCKING, INC. AND
JOE I. LASLEY

ATTORNEY FOR PLAINTIFF
LEONE S. CORYELL

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EXHIBIT 1 – AGREEMENT TO BE BOUND BY PROTECTIVE ORDER

The undersigned, ________________________, hereby acknowledges receipt of that
certain Stipulated Protective Order entered in Coryell v. Lasley, et al., Case Number 11-CV-2559
RBJ-BNB, United States District Court for The District of Colorado. I have reviewed that
Protective Order and hereby agree to be bound by the terms thereof.

Date: __________________________________________

By:

__________________________________________

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