Armstrong v. I-Behavior Inc.
Stipulated PROTECTIVE ORDER, by Magistrate Judge Boyd N. Boland on 3/5/12. (lyg, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-03340-WJM-BNB
STIPULATED PROTECTIVE ORDER
Plaintiff Tammy Armstrong and Defendant I-Behavior, Inc. (collectively referred to as
the “Parties” or each individually as a “Party”) have stipulated to the terms of this Protective
This Protective Order is designed to preserve the confidentiality of certain testimony
given by witnesses in this case and certain information contained in documents produced
pursuant to the terms of this Protective Order. Documents deemed to be “confidential” shall be
so designated in accordance with this Protective Order. Similarly, all corresponding testimony
given by witnesses will be so designated.
To expedite the flow of discovery material, facilitate the prompt resolution of disputes
over confidentiality, and adequately protect material entitled to be kept confidential, it is, by
agreement of the Parties and pursuant to the Court’s authority under the Federal Rules of Civil
Procedure, STIPULATED AND ORDERED that:
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 or produced
pursuant to the disclosure or discovery duties created by Federal Rules of Civil Procedure.
As used in this Protective Order, “document” is defined as provided in Fed. R.
Civ. Proc. 34(a). A draft or non-identical copy is a separate document within the meaning of this
Information designated “CONFIDENTIAL” shall be information that is
confidential and implicates the privacy interests of Plaintiff or Defendant or third parties and/or
information contained in confidential business records, personnel records, documents, materials
and communications. CONFIDENTIAL information shall not be disclosed or used for any
purpose except the preparation and trial of this case.
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:
attorneys who are actively working on this case;
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;
the Parties, including human resources and management employees
employed by Defendant;
expert witnesses and consultants retained in connection with this
proceeding, to the extent such disclosure is necessary for preparation, trial
or other proceedings;
the Court in this case and its employees (“Court Personnel”);
stenographic reporters who are engaged in proceedings necessarily
incident to the conduct of this case;
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),
the disclosing Party 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. Such written acknowledgment shall be in the form as
provided in Exhibit A to this Stipulated Protective Order, attached hereto and incorporated
herein. 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.
Documents are designated as CONFIDENTIAL by placing or affixing on them
(in a manner that will not interfere with their legibility) the term “CONFIDENTIAL” or by
designating them as “CONFIDENTIAL” in correspondence from counsel to the Party producing
documents. Defendant may designate documents produced by Plaintiff as CONFIDENTIAL if
they are documents that were originally produced or created as records of Defendant.
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.
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 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.
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 and the specific basis for such objection. 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 objecting to the designation of 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 objecting Party fails to file such
a motion within the prescribed time, the disputed information shall maintain its designation as
CONFIDENTIAL and shall thereafter continue to 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.
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. In order to keep Confidential Information contained in
documents filed with the court out of the public record, the party seeking to restrict public access
to Confidential Information shall file a Motion to Restrict Access and shall comply with the
requirements of D.C.COLO.LCivR 7.2.
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 within forty-five (45) days of
conclusion of the action, or the Parties may elect to destroy CONFIDENTIAL documents;
provided, however, that counsel for each Party may retain one copy of the CONFIDENTIAL
documents for the sole purpose of maintaining a complete file, and all such retained documents
will not be released, disclosed, or utilized except upon express permission of this Court after
written notice to counsel for the Party that produced the documents. Where the Parties agree to
destroy CONFIDENTIAL documents, the destroying Party shall provide all Parties with an
affidavit confirming the destruction within forty-five (45) days after conclusion of the action.
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 March 5, 2012.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge
Stipulated and approved:
Respectfully submitted this 2nd day of March, 2012.
Original signature on file at Law Offices
of Keith A. Shandalow
Original signature on file at Law
Offices of Davis Graham & Stubbs
s/ Keith A. Shandalow
Keith A. Shandalow, Esq.
Law Offices of Keith A. Shandalow
1221 Pearl Street
Boulder, CO 80302
Telephone: (303) 443-0168
Facsimile: (303) 443-6635
s/ Janet A. Savage
Janet A. Savage, Esq.
Davis Graham & Stubbs LLP
1550 Seventeenth Street, Suite 500
Denver, Colorado 80202
Telephone: (303) 892-9400
Facsimile: (303) 892-1379
Counsel for Plaintiff
Counsel for Defendant
WRITTEN ACKNOWLEDGEMENT TO STIPULATED PROTECTIVE ORDER
The undersigned hereby acknowledges that he/she has carefully and completely read the
Stipulated Protective Order in the pending litigation between Tammy Armstrong and I-Behavior,
Inc.; that he/she is one of the persons contemplated in Paragraph 4 of the Stipulated Protective
Order; and that he/she fully understands and agrees to abide by the obligations and confidences
set forth in the Stipulated Protective Order. The undersigned consents to the jurisdiction of the
United States District Court for the District of Colorado for purposes of enforcing this Stipulated
Title or Position
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