Galena Street Fund, L.P. v. Wells Fargo Bank, N.A.
Filing
43
PROTECTIVE ORDER by Magistrate Judge Boyd N. Boland on 6/21/12. (bnbcd, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-00587-BNB-KMT
GALENA STREET FUND, L.P.
Plaintiff,
v.
WELLS FARGO BANK, N.A.,
Defendant.
JOINT PROPOSED PROTECTIVE ORDER
Upon a showing of good cause in support of the entry of a 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, deposition
exhibits 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 nonidentical copy is a separate document within the
meaning of this term.
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3.
Information designated “HIGHLY CONFIDENTIAL: ATTORNEYS’
EYES ONLY” shall be documents, materials and/or information (collectively “HIGHLY
CONFIDENTIAL information”) that is confidential and that the producing party or
nonparty reasonably and in good faith believes contains; (i) trade secrets or other
information that the party reasonably believes would result in competitive, commercial or
financial harm to the disclosing party or its personnel, clients or customers; or (ii)
material that the producing party or nonparty believes in good faith would not otherwise
be adequately protected under the procedures set forth in this Order for Confidential
Material. Extracts and summaries of HIGHLY CONFIDENTIAL information, and
information derived from HIGHLY CONFIDENTIAL information, shall be treated as
HIGHLY CONFIDENTIAL information. HIGHLY CONFIDENTIAL information shall
not , without the consent of the party or nonparty designating it or further Order of the
Court, be disclosed or used for any purpose except the preparation and trial of this case.
4.
HIGHLY CONFIDENTIAL information shall not, without the consent of
the party or nonparty designating 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 those attorneys in the
preparation for trial, at trial, or at other proceedings in this case;
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c.
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;
d.
three designated representatives of each party;
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.
Information designated “CONFIDENTIAL” shall be information,
materials and/or information (collectively “CONFIDENTIAL information”) that is
confidential and contains: (i) proprietary information, trade secrets, other competitively
sensitive information, or other confidential research, development, or commercial
information, (ii) nonpublic information of a personal or private nature, or (iii) nonpublic
personal information (“NPPI”) as that term is defined by the Gramm-Leach-Bliley Act
(“GLBA”), and its implementing regulations including, but not limited to, any portion of
any document, including a mortgage loan file, which includes financial or credit
information for any person (including any credit history, credit report or credit score
obtained on any such person to determine the individual’s eligibility for credit) together
with personally identifiable information with respect to such person, including, but not
limited to, name, address, Social Security number, loan number, telephone number, and
place or position of work. Extracts and summaries of CONFIDENTIAL information, and
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information derived from CONFIDENTIAL information, shall be treated as
CONFIDENTIAL information. CONFIDENTIAL information shall not be disclosed or
used for any purpose except the preparation and trial of this case.
6.
CONFIDENTIAL information shall not, without the consent of the party
or nonparty 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 those attorneys in the
preparation for trial, at trial, or at other proceedings in this case;
c.
the agents or employees of the parties, who are needed for preparation,
trial or other proceedings in this case;
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.
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.
7.
Prior to disclosing any HIGHLY CONFIDENTIAL or CONFIDENTIAL
information to any person listed above (other than counsel, persons employed by counsel,
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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.
8.
Documents are designated as HIGHLY CONFIDENTIAL or
CONFIDENTIAL by placing or affixing on them (in a manner that will not interfere with
their legibility) the following or other appropriate notice: “HIGHLY CONFIDENTIAL:
ATTORNEYS’ EYES ONLY” or “CONFIDENTIAL.”
9.
Whenever a deposition involves the disclosure of HIGHLY
CONFIDENTIAL or CONFIDENTIAL information, the deposition or portions thereof
shall be designated as HIGHLY CONFIDENTIAL or 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 HIGHLY CONFIDENTIAL or 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. No party shall publicly file or otherwise publicly disclose transcripts, or
portions thereof, within thirty (30) days after notice by the court reporter of the
completion of the transcript without conferring with all interested parties whose
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HIGHLY CONFIDENTIAL or CONFIDENTIAL information may be contained in the
transcript.
10.
A party may object to the designation of particular HIGHLY CONFIDENTIAL or
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 HIGHLY
CONFIDENTIAL or 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 no later than fifteen (15) business days after the time the notice is received. If such a
motion is timely filed, the disputed information shall be treated as HIGHLY CONFIDENTIAL
or 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 HIGHLY CONFIDENTIAL or CONFIDENTIAL and
shall not thereafter be treated as HIGHLY CONFIDENTIAL or CONFIDENTIAL in accordance
with this Protective Order. In connection with a motion filed under this provision, the party
designating the information as HIGHLY CONFIDENTIAL or CONFIDENTIAL shall bear the
burden of establishing that good cause exists for the disputed information to be treated as
HIGHLY CONFIDENTIAL or CONFIDENTIAL.
11.
At the conclusion of this case, unless other arrangements are agreed upon, each
document and all copies thereof which have been designated as HIGHLY CONFIDENTIAL or
CONFIDENTIAL shall be returned to the party or nonparty that designated it HIGHLY
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CONFIDENTIAL or CONFIDENTIAL, or the parties may elect to destroy HIGHLY
CONFIDENTIAL or CONFIDENTIAL documents. Where the parties agree to destroy
HIGHLY CONFIDENTIAL or CONFIDENTIAL documents, the destroying party shall provide
all parties with an affidavit confirming the destruction.
12.
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 June 21, 2012.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge
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