Serna v. 3N, Inc.
PROTECTIVE ORDER by Magistrate Judge Kathleen M. Tafoya on 8/10/2012. (kmtcd)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-03388-REB-KMT
3 N, INC., an Iowa corporation, d/b/a LATIMER ASSOCIATES, INC., d/b/a ASI
MODULEX, d/b/a ASI SIGN SYSTEMS OF COLORADO, d/b/a ASI SIGN
INNOVATIONS OF COLORADO
STIPULATED PROTECTIVE ORDER
It is anticipated by Plaintiff and Defendant that certain of Defendant’s confidential
business and personnel records, including information in Plaintiff’s personnel file and
investigation reports, and certain of Plaintiff’s confidential business, medical and
personnel records may be produced in discovery in this matter. It is agreed by the
parties that such confidential records must be protected from further disclosure.
Pursuant to Federal Rule of Civil Procedure 26(c), the Court finds good cause for entry
of this Stipulated Proposed Protective Order to provide such protection according to the
terms and conditions below.
To expedite the flow of discovery material and the litigation of this case,
facilitate the prompt resolution of disputes over confidentiality, and adequately protect
material entitled to be kept confidential, it is, by agreement of the Parties, 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 pursuant to the disclosure or discovery duties created by the
Federal Rules of Civil Procedure.
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
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 in this case;
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;
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;
deponents, witnesses, or potential witnesses; and
other persons by written agreement of the parties.
As used in this Protective Order, “document” is defined as provided in
Federal Rule of Civil P. 34(a)(1)(a). A draft or non-identical copy is a separate
document within the meaning of this term.
Information designated “CONFIDENTIAL” shall be information that
implicates the privacy interests of Plaintiff or personnel or business financial information
of Defendants. CONFIDENTIAL information shall not be disclosed or used for any
purpose except in pretrial discovery, at the trial, or in preparation for trial, or for any
appeals of this action.
Prior to disclosing any CONFIDENTIAL information to any person listed
above (other 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.
Counsel or persons regularly employed or associated with counsel may
designate information as CONFIDENTIAL only after a review of the information and
based on a good faith belief that the information is CONFIDENTIAL or otherwise entitled
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.
Producing or receiving materials or otherwise complying with the terms of
this Protective Order shall not:
operate as an admission by any party that any particular discovery
material contains or reflects any CONFIDENTIAL information;
prejudice in any way the rights of any party to object to the
production of documents it considers not subject to discovery or otherwise
protected from or limited in discovery on the basis of privilege or otherwise;
prejudice in any way the rights of a party to seek a Court
determination regarding whether particular discovery materials should be
prejudice in any way the rights of a party to apply to the Court for
any additional protection with respect to the confidentiality of information as that
party may consider appropriate.
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 all or any portion of depositions as CONFIDENTIAL after transcription,
provided written notice of the designation is given promptly to all counsel of record
within thirty (30) days after notice by the court reporter of the completion of the
A party may object to the designation of particular CONFIDENTIAL
information by giving written notice to the party designating the disputed information
within fourteen (14) days of receipt of the information designated as CONFIDENTIAL.
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 filed timely, 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.
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; 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.
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.
STIPULATED AND APPROVED:
DATED this 10th day of August, 2012.
BY THE COURT:
Kathleen M. Tafoya
United States Magistrate Judge
APPROVED AS TO FORM AND CONTENT:
s/ Michael S. Drew
Michael S. Drew
Kevin P. Ahearn
Pryor Johnson Carney Karr Nixon, PC
Attorneys for Defendant
5619 DTC Parkway,
Greenwood Village, CO 80111
(303) 779-0740 fax
s/ Thomas J. Arckey
Thomas J. Arckey
Sara Y. Hunt
Arckey & Associates, LLC
Attorneys for Plaintiff
7951 East Maplewood Ave.,
Greenwood Village, CO 80111
(303) 798-4637 fax
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