Lee v. Spectranetics Corporation, The

Filing 18

PROTECTIVE ORDER by Magistrate Judge Michael E. Hegarty on 7/19/2012. (mehcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-00633-WYD-MEH
JEFFREY F. LEE,
Plaintiff,
v.
THE SPECTRANETICS CORPORATION, a foreign corporation,
Defendant.

PROTECTIVE ORDER

Michael E. Hegarty, United States Magistrate Judge.
Upon a showing of good cause in support of the entry of a Protective Order to protect the
discovery and dissemination of confidential 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)(1)(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 the common law and statutory privacy interests of Plaintiff Jeffrey Lee or other present
or former employees of Defendant The Spectranetics Corporation, including privacy interests in
medical information; financial information produced by any party to the litigation; and confidential

business information produced by Defendant The Spectranetics Corporation.
4.

Defendant's use of Plaintiff Jeffrey Lee's CONFIDENTIAL medical information, in

accordance with the provisions of this Protective Order, for purposes of its defense in the
above-captioned matter is not a violation of the Health Insurance Portability and Accountability Act
or any other federal or state law.
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 the following individuals (hereinafter
defined as a "Qualified Person"):
(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 Defendant and other persons in

Defendant's control group with a business need to know;
(d)

potential or retained expert witnesses and consultants, 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 agreement of the parties.

6.

Any Qualified Person provided with confidential documents shall be informed of this

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stipulated Protective Order and shall be subject to its terms.
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.

If Plaintiff Jeffrey Lee or Defendant The Spectranetics Corporation intends to file with the

Court documents containing or referring to CONFIDENTIAL information, the filing party shall take
all reasonable steps, as prescribed by the Court and its local rules, to have such documents filed
under seal.
10.

Subject to the Federal Rules of Evidence, CONFIDENTIAL information may be offered in

evidence at trial or any court hearing upon reasonable written notice of the intention to do so. Either
party may move the Court for an Order that the evidence be received in camera or under other
conditions to prevent unnecessary disclosure.
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

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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.
12.

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. Nothing in this paragraph,
however, shall be construed as prohibiting the attorneys for any party from maintaining a complete
file regarding the litigation, including copies of documents that have been designated confidential,
subject to the continuing duty of confidentiality.
13.

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 and entered at Denver, Colorado, this 19th day of July, 2012.
BY THE COURT:

Michael E. Hegarty
United States Magistrate Judge

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