David A. Bovino, P.C. et al v. MacMillan et al
STIPULATED PROTECTIVE ORDER by Magistrate Judge Michael E. Hegarty on 4/27/2012. (mehcd)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-00551-PAB-MEH
DAVID A. BOVINO P.C., d/b/a Law Offices of Bovino & Associates, a Colorado corporation, and
DAVID A. BOVINO, an individual,
PATRICIA A. MACMILLAN, an individual, and
CHRISTINA MACMILLAN, an individual,
STIPULATED PROTECTIVE ORDER
Michael E. Hegarty, United States Magistrate Judge.
Upon the showing of good cause in support of the entry of a protective order to protect the
discovery and dissemination of highly confidential information or confidential information in this
case, IT IS HEREBY ORDERED:
This Protective Order shall apply to all documents, materials, and other information,
including without limitation, documents and information produced, answers to interrogatories,
responses to requests for admission, any document marked as an exhibit at any deposition, witness
testimony, deposition transcripts, hearing transcripts and other information disclosed pursuant to the
disclosure or discovery duties created by the Federal Rules of Civil Procedure.
As used in this Protective Order, "document" is defined as provided in F.R.C.P. 34(a). A
draft or non-identical copy is a separate document within the meaning of this term.
A lawyer or any person under direct control of a lawyer acting on behalf of any party, third
party or non-party subject to discovery in this action ("The Litigation") may, after review, and on
a good faith basis, designate any of the materials described above in paragraphs 1 and 2 as
"Confidential" as defined below, if it reflects, refers to or evidences any "Confidential" information.
For purposes of this Protective Order, the term "Confidential" information means information
that counsel of record for the designating party, third party or non-party in good faith has determined
implicates common law and statutory privacy interests of confidential information, and may include,
by way of example: sensitive personal information, sensitive and personal financial information,
non-public confidential proprietary data, non-public confidential proprietary business information;
and non-public confidential research, development, personnel, or commercial information.
Information shall be designated as "Confidential" only upon the good faith belief that the
information falls within the scope of confidential information under the Federal Rules of Civil
Procedure and the precedents thereto.
All "Confidential" documents and/or information produced by any party, third party or
non-party in The Litigation shall be used by any party receiving or reviewing such documents and/or
information only for the purposes of preparing for and conducting The Litigation.
"Confidential" information shall be designated specifically by marking the information
and/or each page of a document produced as "CONFIDENTIAL." In lieu of marking and producing
the original of a document, a marked copy thereof may be produced, provided that the unmarked
original is kept available by the producing party for inspection.
In the event that an original copy of a document is designated "Confidential" as set out in
Paragraph 11, and one or more copies of the document or the original are also produced but not so
designated, the copies or original shall also be treated as "Confidential" or if the receiving party is
actually aware of such fact or given notice thereof. Such "Confidential" designation shall be made
at the time documents or materials are produced.
Notwithstanding the foregoing, documents that are not designated "Confidential" at the time
of production may subsequently be designated as "Confidential" by the disclosing party in a letter
to the receiving party that specifically describes each document so designated, and the receiving
party shall treat those documents as "Confidential" as of the date of their designation.
Documents that any disclosing party inadvertently does not designate as privileged or subject
to work product protection upon production may be subsequently designated as subject to such
protection pursuant to the process described in Rule 26(b)(5)(B) of the Federal Rules of Civil
Regarding witness testimony, the testimony of any party, third party or non-party may be
designated as "Confidential" by the following means:
stating orally on the record, with reasonable precision as to the affected testimony, on the
day the testimony is given, that this information is "Confidential" testimony, or
transmitting written notice designating, by page and line, any portions of the transcript of the
deposition or other testimony to be treated as "Confidential," within fourteen (14) days after receipt
of the final version of such transcript, during which fourteen (14) day period any such testimony
shall be treated as "Confidential."
Documents or materials marked as "Confidential" pursuant to the terms of the Protective
Order, and any information contained therein or derived therefrom, shall not be disclosed to anyone
other than to "Qualified Persons," who are defined to consist of:
The parties to the Litigation;
Counsel to the parties to the Litigation, including any in-house counsel, and clerical,
secretarial and paralegal staff employed by such counsel;
Any outside expert or consultant and their staff retained by counsel to assist in the
prosecution or defense of this action, provided that the designated material is necessary for the
individual expert or consultant to provide the assistance for which he or she was retained;
Any deponents or witnesses, provided that the designated material is shown to them in the
course of preparation for or the conducting of a deposition or hearing;
Any court reporter or typist recording or transcribing testimony;
The Court (in the manner provided by Paragraph 14 hereof); and
Any other person upon which the parties agree in writing.
Prior to disclosing "Confidential" information to any person listed in Paragraph 11 (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 (in the form attached hereto) 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
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
fourteen (14) 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 and Paragraph 14, 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 such.
Documents or materials designated as "Confidential" in accordance with the terms of this
Protective Order, whether discussed in briefs or otherwise, shall be filed pursuant to the provisions
of D.C.COLO.LCivR 7.2, as amended.
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 such 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.
Dated and entered at Denver, Colorado, this 27th day of April, 2012.
BY THE COURT:
Michael E. Hegarty
United States Magistrate Judge
APPROVED April 26, 2012
s/ Tucker K. Trautman
s/ David L. Lenyo
David L. Lenyo
GARFIELD & HECHT, PC
601 East Hyman Avenue
Aspen, CO 81611
Attorneys for Defendant Patricia A.
Tucker K. Trautman
Evan M. Rothstein
DORSEY & WHITNEY LLP
Attorneys for Plaintiffs
1400 Wewatta Street, Suite 400
Denver, Colorado 80202-5549
Telephone: (303) 629-3400
Attorneys for Plaintiffs, David A. Bovino P.C.,
dba Law Offices of Bovino & Associates, and
David A. Bovino
s/ Matthew Lasek
Roger P. Thomasch
BALLARD SPAHR, LLP
1225 Seventeenth Street, Suite 2300
Denver, CO 80202-5596
Attorneys for Defendant Christina MacMillan
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