Francis, v. United Airlines, Inc.
Filing
44
PROTECTIVE ORDER by Magistrate Judge Kathleen M. Tafoya on 4/2/2013. (kmtcd)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-00510-REB-KMT
ANA M. FRANCIS,
Plaintiff,
vs.
UNITED AIRLINES, INC.,
Defendant.
STIPULATED PROTECTIVE ORDER
Upon consideration of the parties’ Joint Motion for Entry of Stipulated Protective
Order, and it appearing to the Court that sufficient cause exists under F.R.C.P. 26(c) for
the issuance of a Protective Order, it is ORDERED as follows:
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 is
confidential and implicates common law and statutory privacy interests of Defendant’s
current or former employees or the Plaintiff and confidential and proprietary business
information. CONFIDENTIAL information shall not be disclosed or used for any
purpose except for the preparation and trial of this case.
4.
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, and designated representatives for the entity defendant;
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;
G.
deponents, witnesses, or potential witnesses; and
H.
other persons by written agreement of the parties.
5.
Prior to disclosing any CONFIDENTIAL information to any person listed
above (other than counsel, persons employed by counsel, Court Personnel and
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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.
6.
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.”
7.
Prior to designating any information as CONFIDENTIAL under this
Protective Order, counsel for the producing party shall review the information to be
disclosed and designate the information it believes in good-faith is CONFIDENTIAL or
otherwise entitled to protection. Any party that wishes to file CONFIDENTIAL
information with the Court must move the Court to file such information under seal
pursuant to D.C.COLO.LCivR 7.2.
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.
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9.
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.
10.
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
destroy CONFIDENTIAL documents, the destroying party shall provide all parties with
an affidavit confirming the destruction.
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11.
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: April 2, 2013.
BY THE COURT:
_____________________________________
UNITED STATES MAGISTRATE JUDGE
KATHLEEN M. TAFOYA
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