Krzycki v. HealthONE of Denver, Inc. et al

Filing 25

PROTECTIVE ORDER by Magistrate Judge Boyd N. Boland on 9/27/12. (bnbcd, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:12-cv-00026-MSK-BNB
LESLIE KRZYCKI,
Plaintiff,
v.
HEALTHONE OF DENVER, INC. and
DENVER MID-TOWN SURGERY CENTER, LTD.,
Defendants.

STIPULATED BLANKET PROTECTIVE ORDER

Upon a showing of good cause in support of the entry of a blanket protective order to
protect the discovery and dissemination of confidential information or information which will
improperly annoy, embarrass, or oppress any party, witness, or person providing discovery in
this case, IT IS ORDERED:
1. 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.
2. As used in this Protective Order, “document” is defined as provided in
Fed.R.Civ.P. 34(a). A draft or non-identical copy is a separate document within the meaning
of this term.
3. Information designated “CONFIDENTIAL” shall be information that (a) has been
maintained as confidential and implicates common law or statutory privacy interests, (b) is

confidential business or financial information which has been maintained as confidential and
is protected by contract or law, or (c) is Plaintiff’s personal medical information.
CONFIDENTIAL information shall not be disclosed or used for any purpose except the
preparation and trial of this case.
4. Information shall be designated as CONFIDENTIAL by counsel for the
designating party only after review of the information, who will certify that the designation is
based on a good faith belief that the information is confidential or otherwise entitled to
protection.
5. 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:
(a)

attorneys actively working on this case;

(b)

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;
(c)

the parties, including designated representatives for the entity defendants;

(d)

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;
(e)

the Court and its employees (“Court Personnel”);

(f)

stenographic reporters who are engaged in proceedings necessarily

incident to the conduct of this action;
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(g)

deponents, witnesses, or potential witnesses; and

(h)

other persons by written agreement of the parties.

6. 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.
7. Documents are designated as CONFIDENTIAL by placing or affixing on them
(in a manner that will not interfere with their legibility) the following or other appropriate
notice: “CONFIDENTIAL.”
8. 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.
9. Production of any document or materials without a designation of confidentiality
or an incorrect designation will not be deemed to waive a later claim as to its proper
designation nor will it prevent any party from designating said documents or information
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CONFIDENTIAL at a later date. However, any use by the receiving party made before a
post-production designation will not be a violation of this Protective Order, and the postproduction designation will apply prospectively only and will not apply to any disclosure
made prior to the designation.
10. In the event that a non-party or a party produces documents that the another party
wishes in good faith to designate as CONFIDENTIAL, the party wishing to make the
designation must do so within fifteen (15) business days of receipt, and identify the
CONFIDENTIAL document(s) or information by bates label or, where not bates labeled, by
document title and page number(s). The non-designating parties shall thereafter mark the
document or information in the manner requested by the designating party and thereafter
treat the document or information in accordance with such marking. However, any use by the
non-designating parties made before a post-production designation will not be a violation of
this Protective Order, and the post-production designation will apply prospectively only and
will not apply to any disclosure made prior to the designation.
11. 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 within five (5) business days after the conclusion of the 10-business day
window requesting that the Court determine whether the disputed information should be
subject to the terms of this Protective Order. Once such a motion is filed, the disputed
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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.
12. Motions to restrict access shall comply with D.C.COLO.LCivR 7.2.
13. 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. Where the parties agree to return CONFIDENTIAL
documents, the returning party shall provide all parties a written certification of counsel
confirming that all CONFIDENTIAL documents have been returned. Where the parties
agree to destroy CONFIDENTIAL documents, the destroying party shall provide all parties
with a written certification of counsel confirming the destruction of all CONFIDENTIAL
documents. This provision shall not preclude the parties from maintaining for their records a
secured electronic copy of any document that is designated as CONFIDENTIAL in this case.
14. 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.

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Dated September 27, 2012.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

STIPULATED TO AND APPROVED AS TO FORM this 24th day of September, 2012 BY:
TRAYLOR LAW GROUP, LLC

BROWNSTEIN HYATT FARBER SCHRECK, LLP

By:s/ Whitney C. Traylor________
Whitney C. Traylor
Crag T. Truitt
Traylor Law Group, LLC
1721 High Street
Denver, CO 80218
Phone: [phone]
Fax: [phone]
[e-mail]
[e-mail]

By: _s/ Susan P. Klopman_______________
Susan P. Klopman, #33179
Sarah M. Stettner, #38943
Brownstein Hyatt Farber Schreck, LLP
410 Seventeenth Street, Suite 2200
Denver, Colorado 80202
Phone: [phone]
Fax: [phone]
[e-mail]
[e-mail]

ATTORNEYS FOR PLAINTIFF

ATTORNEYS FOR DEFENDANTS HEALTHONE
OF DENVER, INC. and DENVER MID-TOWN
SURGERY CENTER, LTD.

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