Nelson et al v. United States of America
Filing
42
STIPULATED PROTECTIVE ORDER by Magistrate Judge Michael E. Hegarty on 10/05/12. (jjhsl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-02953-WYD-MEH
JAMES NELSON, and
ELIZABETH VARNEY,
Plaintiffs,
v.
UNITED STATES OF AMERICA,
Defendant.
STIPULATED PROTECTIVE ORDER
Michael E. Hegarty, United States Magistrate Judge.
This matter comes before the Court on Defendant's Unopposed Amended Motion for
Stipulated Protective Order [filed October 4, 2012: Docket No. 39] and upon a showing of good
cause in support of the entry of the Stipulated Protective Order ("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 is confidential and
implicates common law and statutory privacy interests, and shall include, but is not limited to,
medical records, psychological records, personnel records, and sensitive security information of: (a)
the parties; and (b) current or former employees of the parties. 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 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
in this case;
(c) the parties and designated representatives;
(d) 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;
(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) deponents, witnesses, or potential witnesses; and
(h) other persons by written agreement of the parties.
5. Prior to disclosing any CONFIDENTIAL information to any person listed above (other
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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 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 following or other appropriate notice:
"CONFIDENTIAL."
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 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. 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
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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. 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. Where the parties agree to destroy CONFIDENTIAL documents, the destroying party
shall provide all parties with an affidavit confirming the destruction.
10. 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 and entered at Denver, Colorado, this 5th day of October, 2012.
BY THE COURT:
Michael E. Hegarty
United States Magistrate Judge
STIPULATED TO AND AGREED BY:
BURG SIMPSON ELDREDGE
HERSH & JARDINE, P.C.
JOHN F. WALSH
United States Attorney
David P. Hersh, Esq.
40 Inverness Drive East
Englewood, CO 80112
Telephone: (303) 791-5595
Stephen D. Taylor, Esq.
Assistant U.S. Attorney
1225 Seventeenth Street
Suite 700
Denver, CO 80202
Telephone: 303-454-0100
Attorneys for Plaintiffs
James Nelson and Elizabeth Varney
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Attorneys for Defendant
United States of America
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