Donaca v. Dish Network, L.L.C.

Filing 35

STIPULATEDD PROTECTIVE ORDER, by Judge R. Brooke Jackson on 3/2/12. (lsw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:11-CV-02910-RBJ
MATTHEW DONACA, an individual and on
behalf of all others similarly situated,
Plaintiff,
V.
DISH NETWORK L.L.C.,
Defendant.

STIPULATED PROTECTIVE ORDER

In conformance with the stipulation between Plaintiff Matthew Donaca (“Plaintiff”) and
Defendant DISH Network L.L.C. (“Defendant”), and good cause appearing, IT IS HEREBY
ORDERED that, pursuant to Federal Rule of Civil Procedure 26(c), this Protective Order is
hereby entered to protect the discovery and dissemination of confidential information or
information that will improperly annoy, embarrass, or oppress any party, witness, or person
providing discovery in this case.
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 Federal

Rule of Civil Procedure 34(a), and shall include, without limitation, all "documents and
electronically stored information" as defined in Rule 34, all "writings," "recordings" and
"photographs" as defined in Rule 1001 of the Federal Rules of Evidence, and any information

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stored in or through any computer system or other electronic or optical data storage device. A
draft or non-identical copy is a separate document within the meaning of this term.
3.

The designation of “CONFIDENTIAL” is intended to encompass materials and

information that the designating party or nonparty in good faith believes comprise or encompass
confidential or proprietary information, or other commercially sensitive or personally sensitive
information of a non-public nature, including, without limitation, trade secrets, financial data,
contracts and agreements, curent and future business plans, and marketing documents.
Information may be designated by counsel as “CONFIDENTIAL” only after a review of the
information, and the designation must be based on a good faith belief that the information is
confidential or otherwise entitled to protection under Federal Rule of Civil Procedure
26(c)(1)(G). CONFIDENTIAL information provided under this Protective Order may be used
only in connection with the prosecution or defense of this action and for no other purpose.
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 the attorneys in the preparation for
trial, at trial, or at other proceedings in this case;
(c)

the parties;

(d)

expert witnesses and consultants retained in connection with this

proceeding, to the extent that such disclosure is necessary for preparation, trial, or other
proceedings in this case;

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(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)
(h)
5.

deponents, witnesses, or potential witnesses; and
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),
counsel shall provide such person with a copy of this Protective Order and obtain from such
person a written acknowledgment in the form set forth in EXHIBIT A to this Protective Order.
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 following or other appropriate notice:
“CONFIDENTIAL.”
7.

Whenever a deposition involves the disclosure of CONFIDENTIAL information,

the deposition or portions of the deposition shall be designated as CONFIDENTIAL and shall be
subject to the provisions of this Protective Order. Such designation should 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

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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.
9.

CONFIDENTIAL information may be filed with the Court under seal only in a

manner consistent with D.C.COLO.LCivR 7.2.
10.

Nothing contained in this Protective Order shall affect the right of any party to

make any objection, claim any privilege, or otherwise contest any request for production of
documents, interrogatory, request for admission, subpoena, or question at a deposition or to seek
further relief or protective order from the Court as permitted by the Federal Rules of Civil
Procedure.

Nothing in this Protective Order shall affect any right of any party to redact

information or materials for privilege, relevancy or privacy reasons. Nothing in this Protective
Order shall constitute an admission or waiver of any claim or defense by any party.
11.

In the event that any information or material designated under this Protective

Order is used, described, characterized, excerpted, or referenced in, or attached to, any court

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proceeding or submission in connection with this litigation: (i) it shall not lose its confidential
status through such use; (ii) the parties shall take all steps reasonably required to protect its
confidentiality during such proceedings; and (iii) the party shall seek leave of the Court to file
such material under seal, except that upon the default of the filing party to so designate, any
party may do so.
12.

If a party inadvertently fails to designate information or materials when producing

or otherwise disclosing such information or materials, it shall not be deemed a waiver in whole
or in part of a party’s claim of confidentiality. As soon as the receiving party is informed by the
producing or designating party that it is designating previously produced information or
materials as “CONFIDENTIAL,” the information must be treated as if it had been timely
designated under this Protective Order, and the receiving party must endeavor in good faith to
obtain all copies of the information or materials that it distributed or disclosed to persons not
authorized to access such information or materials, as well as any copies made by such persons.
13.

All counsel for the parties who have access to information or material designated

under this Protective Order acknowledge they are bound by this Protective Order and submit to
the jurisdiction of this Court for purposes of enforcing this Protective Order.
14.

Within sixty (60) days after the conclusion of this case, unless other arrangements

are agreed upon, each document and all copies that have been designated as CONFIDENTIAL
shall be returned to the party that designated it CONFIDENTIAL, or the parties may elect to
destroy CONFIDENTIAL documents. Where the parties agree to destroy CONFIDENTIAL
documents, the destroying party shall provide all parties with an affidavit confirming the
destruction.
15.

This Protective Order may be modified by the Court at any time for good cause

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shown following notice to all parties and an opportunity for them to be heard.
IT IS SO ORDERED:

Date: March 2, 2012
UNITED STATES DISTRICT COURT JUDGE

09617.027 1981790v3

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STIPULATION
The parties, through their undersigned counsel, agree to the entry of the foregoing
Stipulated Protective Order.
/s/ Richard R. Patch
Richard R. Patch (CA Bar No. 88049)
Matthew C. Dirkes (CA Bar No. 255215)
COBLENTZ, PATCH, DUFFY & BASS LLP
One Ferry Building, Suite 200
San Francisco, CA 94111-4213
415.391.4800
Fax: [phone]
E-mail: [e-mail]
[e-mail]

/s/ John W. Barrett
John W. Barrett, Esq.
BAILEY & GLASSER, LLP
209 Capitol Street
Charleston, WV 25301
E-mail: [e-mail]

Benjamen E. Kern
LAW OFFICE OF BENJAMEN E. KERN,
LLC
5327 Westpointe Plaza Drive, PBM 207
Columbus, Ohio 43228
E-mail: [e-mail]

Edward M. Allen, Esq.
PENDLETON, FRIEDBERG,
WILSON & HENNESSEY, P.C.
1875 Lawrence Street, 10th Floor
Denver, CO 80202-1898
E-mail: [e-mail]

Todd E. Mackintosh
WOOD, RIS & HAMES, P.C.
1775 Sherman St., Suite 1600
Denver, CO 80203

Edward A. Broderick
Broderick Law, P.C.
125 Summer St., Suit e1030
Boston, MA 02110

Eric L. Zalud
BENESCH, FRIEDLANDER,
COPLAN & ARONOFF LLP
200 Public Square, Suite 2300
Cleveland, OH 44114
E-mail: [e-mail]

Matthew Passi McCue
LAW OFFICE OF MATTHEW MCCUE
1 South Avenue
3rd Floor
Natick, MA 01760
E-mail: [e-mail]

Attorneys for Defendant:
DISH NETWORK L.L.C.

Attorneys for Plaintiff:
MATTHEW DONACA

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:11-CV-02910-RBJ
MATTHEW DONACA, an individual and on
behalf of all others similarly situated,
Plaintiff,
v.
DISH NETWORK L.L.C.,
Defendant.

ACKNOWLEDGEMENT OF STIPULATED PROTECTIVE ORDER
I, ________________________, have reviewed carefully the Stipulated Protective Order
concerning the treatment of confidential or proprietary information, or other commercially
sensitive or personally sensitive information of a non-public nature (“CONFIDENTIAL
information”) executed by the parties in the above-captioned case, and its significance has been
explained to me by counsel. I agree to be bound by the terms of the Stipulated Protective Order,
and to treat as confidential and not to disclose CONFIDENTIAL information to any person who
is not authorized to receive that information under the Stipulated Protected Order. I hereby
consent to the jurisdiction of that Court for the purposes of enforcing that Protective Order.
I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct.
______________________________
SIGNATURE
______________________________
PRINTED NAME
______________________________
ADDRESS
______________________________
TELEPHONE NUMBER

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