Aman v. Dillon Companies, Inc.
Filing
14
STIPULATION AND PROTECTIVE ORDER by Judge John L. Kane on 03/26/12. (jjhsl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No.
11-cv-02973-JLK
MOE AMAN (f/k/a MOHAMMED AMAN),
Plaintiff,
v.
DILLON COMPANIES, INC., d/b/a KING SOOPERS a Kansas Corporation,
Defendant.
_______________________________________________________________________
STIPULATION AND PROTECTIVE ORDER
_______________________________________________________________________
Each Party and each Counsel of Record stipulate and move the Court for a
Protective Order pursuant to Rule 26(c) of the Federal Rules of Civil Procedure
concerning the treatment of Confidential Information (as hereinafter defined), and, as
grounds therefore, state as follows:
1.
In this action, the Parties have sought Confidential Information (as
defined in paragraph 2 below). The Parties also anticipate seeking additional
Confidential Information during discovery and that there will be questioning concerning
Confidential Information in the course of depositions.
The Parties assert the disclosure
of such information outside the scope of this litigation could result in significant injury
to the Parties’ business or privacy interests.
The Parties have entered into this
Stipulation and request the Court enter the within Protective Order for the purpose of
preventing the disclosure and use of Confidential Information except as set forth herein.
2.
“Confidential Information” means any document, file, portions of files,
transcribed testimony, or response to a discovery request, including any extract, abstract,
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chart, summary, note, or copy made therefrom - not made available to the public - and
designated by one of the Parties in the manner provided in paragraph 3 below as
containing: nonpublic personal; personnel; employment; financial and / or tax records;
confidential research, development or commercial information; medical information; or
other confidential information implicating privacy or proprietary interests of either the
Plaintiff, the Defendant or third party.
3.
Where Confidential Information is produced, provided or otherwise
disclosed by a Party in response to any discovery request, it will be designated in the
following manner:
a.
By imprinting the word “Confidential” on the first page or cover
of any document produced;
b.
By imprinting the word “Confidential” next to or above any
response to a discovery request; and
c.
With respect to transcribed testimony, by giving written notice to
opposing counsel designating such portions as “Confidential” no
later than ten calendar days after receipt of the transcribed
testimony.
4.
All Confidential Information provided by a Party in response to a
discovery request or transcribed testimony shall be subject to the following restrictions:
a.
It shall be used only for the purpose of this litigation and not for
any business or other purpose whatsoever;
b.
It shall not be communicated or disclosed by any Party’s
counselor or a Party in any manner, either directly or indirectly, to
anyone except for purposes of this case and unless an affidavit in
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the form of Exhibit A has been signed.
5.
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 other person, entity or
government agency unless authorized to do so by court order.
6.
The Party’s counsel who discloses Confidential Information shall be
responsible for assuring compliance with the terms of this Protective Order with respect
to persons to whom such Confidential Information is disclosed and shall obtain and
retain the original affidavits signed by qualified recipients of Confidential Information,
and shall maintain a list of all persons to whom any Confidential Information is
disclosed.
7.
During the pendency of this action, opposing counsel may upon court
order or agreement of the parties inspect the list maintained by counsel pursuant to
paragraph 6 above upon a showing of substantial need in order to establish the source of
an unauthorized disclosure of Confidential Information and that opposing counsel are
unable otherwise to identify the source of the disclosure. If counsel disagrees with
opposing counsel’s showing of substantial need, then counsel may seek a court order
requiring inspection under terms and conditions deemed appropriate by the Court.
8.
No copies of Confidential Information shall be made except by or on
behalf of counsel in this litigation and such copies shall be made and used solely for
purposes of this litigation.
9.
During the pendency of this litigation, counsel shall retain custody of
Confidential Information, and copies made therefrom pursuant to paragraph 8 above.
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10.
If opposing counsel objects to the designation of certain information as
Confidential Information, he or she shall promptly inform the other parties’ counsel in
writing of the specific grounds of objection to the designation. All counsel shall then,
in good faith and on an informal basis, attempt to resolve such dispute. If after such
good faith attempt, all counsel are unable to resolve their dispute, opposing counsel may
move for a disclosure order consistent with this order.
Any motion for disclosure shall
be filed within 14 days of receipt by counsel of notice of opposing counsel’s objection,
and the information shall continue to have Confidential Information status from the time
it is produced until the ruling by the Court on the motion.
11.
Use of Confidential Information in Court Proceedings:
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.
Confidential Information and pleadings or briefs
quoting or discussing Confidential Information will not be accepted for filing “under
seal” or otherwise kept out of the public record in this action, however, except by court
order issued upon motion of the party seeking to file the documents under seal.
Any
motion requesting leave to file documents under seal shall comply with the requirements
of D.C.COLO.LCivR 7.2 and demonstrate that the Confidential Information at issue is
entitled to protection under the standards articulated in Nixon v. Warner
Communications, Inc., 435 U.S. 589, 598-602 (l978) (applied in United States v. Hickey,
767 F.2d 705, 708 (10th Cir. 1985) and Crystal Grower’s Corp. v. Dobbins, 616 F.2d
458, 461 (10th Cir. 1980)).
12.
The termination of this action shall not relieve counsel or other persons
obligated hereunder from their responsibility to maintain the confidentiality of
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Confidential Information pursuant to this Protective Order, and the Court shall retain
continuing jurisdiction to enforce the terms of this Protective Order.
13.
By agreeing to the entry of this Protective Order, the Parties adopt no
position as to the authenticity or admissibility of documents produced subject to it.
14.
Upon termination of this litigation, including any appeals, each Party’s
counsel shall immediately return to the producing party all Confidential Information
provided subject to this Protective Order, and all extracts, abstracts, charts, summaries,
notes or copies made therefrom.
At that time, counsel shall also file under seal with
this Court the list of individuals who have received Confidential Information which
counsel shall have maintained pursuant to paragraph 6 herein, and counsel shall provide
the Court with verification that any of counsel’s work product referencing Confidential
Information has been destroyed.
15.
Nothing in this Protective Order shall preclude any Party from filing a
motion seeking further or different protection from the Court under Rule 26(c) of the
Federal Rules of Civil Procedure, or from filing a motion with respect to the manner in
which Confidential Information shall be treated at trial.
Dated at Denver, Colorado, this 26th day of March, 2012.
BY THE COURT:
s/John L. Kane_______
JOHN L. KANE, SENIOR JUDGE
UNITED STATES DISTRICT COURT
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STIPULATED AND AGREED TO:
Moe Aman f/k/a Mohammed Aman, s/ Jennifer Robinson
Party/Plaintiff
Robinson & Associates Law Office, LLC
7900 East Union Avenue, Suite 1100
Denver, CO 80237
Telephone: 303-866-9793
Facsimile: 303-766-9237
E-mail: jrobinson@raemploymentgroup.com
King Soopers
Party/Defendant
s/ Karla E. Sanchez
Sherman & Howard L.L.C.
633 17th Street, Suite 3000
Denver, CO 80202
Telephone: 303-299-8418
Facsimile: 303-298-0940
E-mail: ksanchez@shermanhoward.com
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EXHIBIT A
AFFIDAVIT
STATE OF COLORADO
COUNTY OF DENVER
)
)
)
ss.
_____________________, swears or affirms and states under penalty of perjury:
1.
I have read the Protective Order in Civil Action No. 11-cv-02973-JLK, a
copy of which is attached to this Affidavit.
2.
I have been informed by _______________, Esq., counsel for
_____________, that the materials described in the list attached to this Affidavit are
Confidential Information as defined in the Protective Order.
3.
I promise that I have not and will not divulge, or undertake to divulge to
any person or recording device any Confidential Information shown or told to me except
as authorized in the Protective Order. I will not use the Confidential Information for
any purpose other than this litigation.
4.
For the purposes of enforcing the terms of the Protective Order, I hereby
submit myself to the jurisdiction of the court in the civil action referenced above.
5.
I will abide by the terms of the Protective Order.
____________________________
(Signature)
_____________________________
(Print or Type Name)
Address: _________________________
_________________________________
Telephone No.: (___) ______________
SUBSCRIBED AND SWORN to before me this ____ day of __________, 2012, by
WITNESS my hand and official seal.
[S E A L]
____________________________
Notary Public
My Commission Expires: ____________
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