Virtela Technology Services Incorporated v. Hitachi Global Storage Technologies, Inc.
PROTECTIVE ORDER by Magistrate Judge Kathleen M. Tafoya on 6/28/2012. (kmtcd)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-00812 CMA-KMT
VIRTELA TECHNOLOGY SERVICES
HITACHI GLOBAL STORAGE
STIPULATED 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:
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.
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.
Information designated “CONFIDENTIAL” shall be information that is
confidential and implicates common law or statutory privacy interests, including
information which the producing party in good faith regards as confidential or proprietary
litigation-related, business or commercial information or a trade secret under C.R.S.
§§ 7-74-101, et seq., including confidential research, development or commercial
information within the meaning of Fed.R.Civ.P. 26(c)(1)(G), or which is competitively or
strategically sensitive to the producing party or competitively or strategically useful to
the receiving party or any third party, including but not limited to, expert, client or vendor
information, financial information, financial statements, personnel files, pricing
information, research, development or technical information, marketing information, or
contractual information, or which implicates privacy interests of the producing party.
CONFIDENTIAL information shall not be disclosed or used for any purpose except the
preparation and trial of this case.
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
attorneys actively working on this case;
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;
the parties, including designated representatives for entity parties;
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;
the Court and its employees ("Court Personnel");
stenographic reporters who are engaged in proceedings
necessarily incident to the conduct of this action;
deponents, witnesses, or potential witnesses; and
other persons by written agreement of the parties.
Prior to disclosing any CONFIDENTIAL information to any person listed
above (other than disclosures permitted by Paragraphs 4(a), (b), (c), (e) or (f)), 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.
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."
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.
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.
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.
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 this 28th day of June, 2012.
BY THE COURT:
United States Magistrate Judge
Dated: June 27, 2012
s/ Carolyn J. Fairless
Carolyn J. Fairless
Wheeler Trigg O’Donnell LLP
370 Seventeenth Street, Suite 4500
Denver, CO 80202-5647
Attorney for Hitachi Global Storage
Dated: June 27, 2012
s/ Theodore Wells Rosen
Theodore Wells Rosen
Theodore W. Rosen, P.C.
3003 East Third Avenue, #205C
Denver, CO 80206
Attorney for Virtela Technology Services
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