Rossi Ventures, Inc. et al v. Pasquini et al

Filing 33

PROTECTIVE ORDER: by Magistrate Judge Boyd N. Boland on 1/24/12. (bnbcd, )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No.: 11-cv-02838-CMA-BNB
ROSSI VENTURES, INC., and
Y. MELINDA PASQUINI,
Plaintiffs,
vs.
ANTONIO PASQUINI, and
PASQUINI FRANCHISING, LLC,
Defendants,
and
ANTONIO PASQUINI,
Counterclaim Plaintiff,
vs.
Y. MELINDA PASQUINI, and
ROSSI VENTURES, INC.,
Counterclaim Defendants.

[PROPOSED] STIPULATED PROTECTIVE ORDER

Upon a showing of good cause in support of the entry of a protective order to protect the
discovery and dissemination of confidential information or information which will improperly
annoy, embarrass, or oppress any party, witness, or person providing discovery in this case, IT IS
ORDERED:
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.

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. Information designated “CONFIDENTIAL” shall be information that implicates the
personal or business-related privacy interests of Plaintiffs, Defendants, or others and/or
information contained in Plaintiffs’, Defendants’, or others’ confidential and proprietary or
personal business records, documents, materials, and communications, including, but not limited
to, financial information and tax returns. CONFIDENTIAL information shall not be disclosed or
used for any purpose except this litigation, including 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)

officers and directors of the parties actively involved in decision making

for the present litigation, or, in the case of an individual party, that individual;
(d)

expert witnesses and consultants retained in connection with this

proceeding, to the extent such disclosure is necessary for preparation, trial, or other proceedings;
(e)

DMWEST #8731101 v1

the Court in this case and its employees (“Court Personnel”);

2

(f)

stenographic reporters who are engaged in proceedings necessarily

incident to the conduct of this case;
(g)

deponents and witnesses identified in the F.R.C.P. 26 disclosures in this

case, including any supplemental disclosures;
(h)

any person who authored the information in whole or in part;

(i)

any person who properly received the information before this case was

(j)

other persons by written agreement of the parties.

filed; and

5. Prior to disclosing any CONFIDENTIAL Information to any person listed above
(other than counsel, persons employed by counsel, Court Personnel, and stenographic reporters),
the parties 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.
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.
7. Any request to restrict access to documents and materials must comply with the
requirements of D.C.COLO.LCivR 7.2. Documents designated as CONFIDENTIAL should
be filed in accordance with the procedures for “Sealed Document Filing in Public Cases” as set
forth in the United States District Court – District of Colorado Electronic Case Filing User

DMWEST #8731101 v1

3

Manual, Version 3.1 (effective October 22, 2007) at 93 and the United States District Court –
District of Colorado Electronic Case Filing Procedures (Civil Cases), Version 3.0 (effective
December 1, 2007) at 21-22:
A Motion to Seal must be submitted electronically in accordance with the Local
Rules of the United States District Court – District of Colorado.
(a)

At the same time, the party should electronically submit the document

under seal using the “Sealed Document” event. Parties should only submit sealed documents
using the “Sealed Document” event. Any document submitted under a different event will not
be sealed from public view.
(b)

A Notice of Electronic Filing will be generated for the sealed document,

but the document will not be viewable.
(c)

Sealed documents may not be viewed electronically by attorneys of

record, parties to the case, and PACER users by using the PACER system. Attorneys of record,
parties to the case, and PACER users may view the sealed document docket entry on the docket
sheet.
(d)

All sealed documents must be served in paper format in accordance with

the Federal Rules of Civil Procedure. The court’s electronic notice facilities will not be
available on sealed documents.
2. 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 all or any portion of depositions as

DMWEST #8731101 v1

4

CONFIDENTIAL after transcription, provided written notice of the designation is given to all
counsel of record within thirty (30) days after notice by the court reporter of the completion of
the transcript.
3. 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.
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

DMWEST #8731101 v1

5

obligation of the party objecting to designation of 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. The disputed information shall be treated as
CONFIDENTIAL under the terms of this Protective Order until the Court rules on the motion.
If the party objecting to designation fails to file such a motion within the prescribed time, the
disputed information shall be deemed CONFIDENTIAL in accordance with this Protective
Order. In connection with a motion filed under this provision, the party asserting the designation
of the information as CONFIDENTIAL shall bear the burden of establishing that the disputed
information should be treated as CONFIDENTIAL.
4. This Protective Order does not prohibit a party from disclosing discovery materials
independently obtained from non-confidential sources or sources that do not designate the
information as CONFIDENTIAL (unless such sources owe an obligation of confidentiality to the
party asserting that the discovery materials are confidential).
5. Neither this Protective Order nor a party’s designation of particular discovery
materials as CONFIDENTIAL shall be deemed or construed in any way to affect or to establish
the admissibility or to waive any right to object to the admissibility at trial of any discovery
materials covered by this Protective Order.
6. 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; provided, however, that counsel for each party may retain one
copy of the CONFIDENTIAL documents for the sole purpose of maintaining a complete file,

DMWEST #8731101 v1

6

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.
7. 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 January 24, 2012.

BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

DMWEST #8731101 v1

7