JTS Choice Enterprises, Inc. v. E.I. Du Pont De Nemours and Company et al

Filing 233

Second Amendment to Stipulation and Protective Order, by Magistrate Judge Kathleen M. Tafoya on 5/9/13. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-03143-WJM-KMT
JTS CHOICE ENTERPRISES, INC.
Plaintiff,
v.
E.I. DU PONT DE NEMOURS AND COMPANY,
METRO PAINT SUPPLIES, INC., and
AUTOMOTIVE COATINGS & EQUIPMENT, LLC,
Defendants.
_____________________________________________________________________________
SECOND AMENDMENT TO STIPULATION AND PROTECTIVE ORDER
_____________________________________________________________________________
The Stipulation and Protective Order previously entered in this action (ECF Doc. 90,
entered July 16, 2012), as amended (see ECF Doc. 207, entered April 24, 2013) is hereby
FURTHER AMENDED with the addition of the following new paragraph 4(e):
(e)

Notwithstanding any other provision of this Stipulation and Protective Order, as
amended, and notwithstanding any provision of the Protective Order Regarding
Confidential NCS Information (Doc. 49, entered March 9, 2012):
(i)

Any documents produced pursuant to subpoena directed to
National Coatings & Supplies, Inc. by Defendants Metro Paint
Supplies, Inc. and/or Automotive Coatings & Equipment, LLC,
shall be deemed for all purposes under this Stipulation and
Protective Order, as amended, as HIGHLY CONFIDENTIAL.

(ii)

Any party who objects to the designation of any such documents as
HIGHLY CONFIDENTIAL shall follow the procedural provisions
of paragraph 12 of this Stipulation and Protective Order, as
amended.

(iii)

Defendants Metro Paint Supplies, Inc. and/or Automotive Coatings
& Equipment, LLC shall reimburse National Coatings & Supplies,
Inc., for the reasonable out-of-pocket costs incurred by National
Coatings & Supplies, Inc., in producing the documents pursuant to
subpoena. Those Defendants and National Coatings & Supplies,
Inc. dispute whether the reasonable attorneys’ fees incurred by
National Coatings & Supplies, Inc. in such production should be
reimbursed by Defendants. Any relief sought from the Court with
regard to such incurrence of attorneys’ fees shall be addressed, if at
all, following production of the documents.

STIPULATED AND AGREED TO:
Dated this 9th day of May, 2013.
BY THE COURT:

___________________________
Kathleen M. Tafoya
United States Magistrate Judge

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/S/Theodore W. Rosen
Theodore W. Rosen
Lauren Elizabeth Mosse
THEODORE W. ROSEN, P.C.
3003 East Third Avenue, Suite 205C
Denver, Colorado 80206
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff JTS Choice
Enterprises, Inc.

/S/ David M. Stauss
David M. Stauss
Katherine Allison White
Roger P. Thomasch
BALLARD SPAHR LLP
1225 17th Street, Suite 2300
Denver, CO 80202
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendant E.I. Du Pont De
Nemours and Company

/S/ Neil Arney
Neil Arney
Meshach Rhoades
David Edward Kay
Michael Mahoney Frandina
KUTAK ROCK LLP
Suite 3100, 1801 California Street
Denver, CO 80202
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Attorneys for Defendant Metro Paint
Supplies, Inc. and Automotive Coatings & Equipment, LLC

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