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

Filing 303

PROTECTIVE ORDER granting 298 Motion to Modify the Stipulation and Protective Order, by Magistrate Judge Kathleen M. Tafoya on 6/13/13.(sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-CV-03143-WJM
JTS CHOICE ENTERPRISES, INC.,
Plaintiff,
v.
E.I. DU PONT NEMOURS AND COMPANY;
METRO PAINT SUPPLIES, INC.; and
AUTOMOTIVE COATINGS & EQUIPMENT, LLC
Defendants.

ORDER GRANTING DEFENDANTS METRO PAINT SUPPLIES, INC. AND
AUTOMOTIVE COATINGS & EQUIPMENT, LLC’S UNOPPOSED MOTION TO
MODIFY THE STIPULATION AND PROTECTIVE ORDER
________________________________________________________________________
The Court, having reviewed Defendants Metro Paint Supplies, Inc. and Automotive
Coatings & Equipment, LLC’s Unopposed Motion to Modify the Stipulation and Protective
Order, and being fully apprised on the premises, Hereby GRANTS the Motion and ORDERS
that the governing Stipulation and Protective Order is modified to include the following
language:
Pursuant to Paragraphs 6(i) and 7(g) of the Stipulation and Protective Order entered in
this cause on July 16, 2012 [Doc. 90], the following additional persons are included as persons to
whom material designated as CONFIDENTIAL or HIGHLY CONFIDENTIAL may be
disclosed by the Receiving Party:

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The employees of the liability insurer(s) of the Receiving Party; counsel
for such insurer(s); and said counsel’s paralegals, assistants, secretaries,
clerical staff and/or other employees working under the supervision of said
counsel.
The disclosure of CONFIDENTIAL and/or HIGHLY CONFIDENTIAL materials to
such persons shall be subject to the following provisions:
1.

All such persons shall first execute a “Statement Agreeing to

Confidential Treatment of Materials,” in a form substantially similar to Exhibit A
of the Order of July 16, 2012 [Doc.90], before receiving CONFIDENTIAL and/or
HIGHLY CONFIDENTIAL materials.
2.

Any

CONFIDENTIAL

and/or

HIGHLY

CONFIDENTIAL

material received by such persons shall be used only for the purposes of
evaluating whether the Receiving Party is or may be entitled to insurance
coverage for the claims made against it in this cause; any related insurance
coverage litigation, including but not limited to that certain action entitled
Westfield Ins. Co. v. Metro Paint, et al., No. 13 C 1471, in the U.S. District Court
for the Northern District of Illinois; and, to the extent, if any, that any insurance
coverage exists or may exist, to evaluate the issues of the liability of the
Receiving Party to the Plaintiff herein, if any, and the Plaintiff’s damages, if any.
3.

All such persons receiving CONFIDENTIAL and/or HIGHLY

CONFIDENTIAL material shall agree to treat it in accordance with Paragraphs
16 and 17 of the Order of July 16, 2012. However, as to such persons and the
insurers with which they are affiliated, the terms of Paragraph 18 of said Order
shall be amended to provide that such persons shall return to the Receiving Party,
or destroy, any such CONFIDENTIAL and/or HIGHLY CONFIDENTIAL

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material in the person’s possession or control within 60 days of the earlier of: (1)
Settlement of any and all insurance coverage disputes; or (2) Entry of final
judgment, inclusive of all appeals, in any related insurance coverage litigation.
4.

In the event that any person receiving such CONFIDENTIAL

and/or HIGHLY CONFIDENTIAL material wishes to use such material in
connection with related insurance coverage litigation, such person will agree to
file such material under seal, in compliance with the rules of the court in which
such litigation is brought, and will take no action to cause such material to be
unsealed without first providing notice of intent to seek to have the material
unsealed to the Receiving Party and the Producing Party, in accordance with
Paragraph 21 of the Order of July 21, 2012, except as otherwise required by law
and/or process of court.
Dated this 13th day of June, 2013.

__________________________________
Kathleen M. Tafoya
United States District Court Judge

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