Gallegos v. Pueblo School District No. 60
Filing
22
STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Craig B. Shaffer on 8/21/12. (cbssec)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-01231-REB-CBS
SALVADOR L. GALLEGOS,
Plaintiff,
v.
PUEBLO SCHOOL DISTRICT NO. 60,
Defendant.
_________________________________________________________________________
STIPULATED PROTECTIVE ORDER
__________________________________________________________________________
This matter comes before the Court on the parties’ Stipulated Motion for
Entry of Protective Order. The Court has reviewed that Motion and finds it
meritorious and acceptable. There IT IS ORDERED:
1.
DEFINITIONS
(a)
"Confidential Information" means and includes any information,
testimony, document or thing that contains confidential or proprietary information,
including, but not limited to, medical records or other "protected health information"
within the meaning of the Health Insurance Portability and Accountability Act of
1996 ("HIPAA") and its implementing regulations; information about Defendant's
customers, vendors, employees, applicants for employment, personnel and
operations; student conduct investigations, student discipline actions, personnel
discipline actions, personnel records, employee records, financial information,
including, but not limited to, tax returns, financial statements, bank records and
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billing records, that was not previously available to the opposing party and is
produced in this action. Confidential Information may include, without limitation,
information and documents produced pursuant to Rule 26, F.R.C.P; testimony
adduced at depositions upon oral examination pursuant to Rule 30, F.R.C.P.; written
responses to interrogatories pursuant to Rule 33, F.R.C.P.; documents produced
pursuant to Rule 34, F.R.C.P.; answers to requests for admission pursuant to Rule
36, F.R.C.P.; and testimony, documents and things provided pursuant to Rule 45,
F.R.C.P. Confidential Information also may include confidential information owned
by a third party, so long as such information otherwise qualifies as Confidential
Information hereunder.
(b)
"Providing Party" means any party to this action or any third party,
expert or consultant who produces or provides any information, testimony, document
or thing pursuant to formal or informal discovery in this action.
(c)
"Receiving Party" means any party to this action or any third party,
expert or consultant who receives any information, testimony, document or thing in
the course of formal or informal discovery in this action.
(d)
"Counsel" means a party's attorney of record if the party is
represented, or a party itself if the party is unrepresented.
2.
DESIGNATION OF CONFIDENTIAL INFORMATION
(a)
Documents and things. Each Providing Party shall label, mark or
otherwise identify, in writing, information, documents and things that their counsel
considers in good faith to contain Confidential Information or to be otherwise entitled
to protection under Rule 26(c), F.R.C.P., or other applicable law, with the legend
"Confidential — Subject to Protective Order." Before designating any information,
documents or things as Confidential Information, a party's counsel must review the
information and determine that the designation is based on the counsel's good faith
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belief that the information is confidential or otherwise entitled to protection under
Fed. R. Civ. P. 26(c)(7).
(b)
Depositions. During or after depositions upon oral examination, if
counsel for any party believes that a question or answer of any deponent (whether
party, third-party, expert or otherwise) constitutes Confidential Information, counsel
shall request that the specific pages that include such Confidential Information be
included in a separate sealed portion of the transcript. The reporter shall include on
the cover page of each sealed portion the legend: "This transcript portion contains
information subject to a Protective Order and shall be used only in accordance
therewith." When testimony designated as Confidential Information is being given
during a deposition, all persons except those who are entitled to receive such
Confidential Information under the terms of this Order shall be excluded from the
deposition room.
(c)
Inadvertent
failure to
designate.
Any Providing Party who
inadvertently fails to designate any information, testimony, document or thing as
Confidential Information may correct such failure by giving written notice of the
same to the Receiving Parties. Upon such written notification, the corrected materials
shall only be deemed Confidential Information prospectively. Substitute copies of the
corrected information, testimony, document or thing, appropriately marked
"Confidential — Subject to Protective Order," shall be given to all Receiving
Parties as soon as they become available. Within ten (10) days of receipt of the
substitute copies, the Receiving Parties shall either return the previously unmarked
items to the Providing Party, or destroy such items and notify counsel for the
Providing Party of such destruction.
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DESIGNATED MATERIALS PRESUMED CONFIDENTIAL.
3.
All information, testimony, documents and things designated by a
Providing Party as Confidential Information shall be treated in all respects as
though they in fact constitute or contain confidential information, unless and until
the Court rules otherwise or the Providing Party agrees otherwise.
4.
RESTRICTIONS ON DISCLOSURE AND ACCESS.
(a)
Except as provided below, all Receiving Parties with respect to any
particular Confidential Information shall take reasonable steps to ensure that no
persons obtain such Confidential Information and that no persons have access to such
Confidential Information, except:
(i)
The Receiving Party, in the case of Plaintiff, and employees of
the Receiving Party, in the case of Defendant, who have a specific need to know the
Confidential Information in order to conduct this action;
(ii)
The attorneys of record for the Receiving Party, and all other
attorneys and support personnel in the law firms of record in this action who must
have access to the Confidential Information in connection with this action;
(iii) The Court and those employed by the Court, in which event such
information shall be filed under seal (and kept under seal until further order of the
Court);
(iv) Court reporters employed by any party in this action; and
(v)
Independent experts, consultants or translators for the
parties, including their support personnel, whose advice and
consultation are being used or will be used by such Receiving Party in connection
with this action.
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(b)
In addition to the above, a Receiving Party may disclose Confidential
Information to a non-party if the non-party is referred to or referenced in the
Confidential Information, or counsel in good faith believes the non-party may have
knowledge of relevant facts, or of facts that may lead to the discovery of admissible
evidence, relating to the Confidential Information, or if the non-party will be a
witness at trial in this matter and disclosure of Confidential Information is necessary
for preparation and completeness of that person's testimony.
(c)
Counsel for a party disclosing or allowing access to Confidential
Information under this paragraph shall advise the person receiving such
Confidential Information (other than the persons identified in Paragraph 4(a)(iii))
of the terms of this Protective Order. Before disclosing any Confidential
Information to any person identified in Paragraph 4(a)(iv) or (v), or Paragraph
4(b), counsel for the party disclosing or allowing access to such Confidential
Information shall, in addition to advising the person receiving such Confidential
Information of the terms of this Protective Order, provide the person with a copy of
this Protective Order and shall obtain the person's written acknowledgement, in the
form attached hereto as Exhibit A, to abide by the terms of this Protective Order.
(d)
This Protective Order shall not be deemed to limit or restrict any
Providing Party's disclosure or use of its own Confidential Information.
5.
RESTRICTIONS ON USE. The parties have stipulated that every person
who obtains Confidential Information is prohibited from using or disclosing
Confidential Information for any purpose whatsoever, except as necessary to assist in
the conduct of this litigation.
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6.
RETURN OR DESTRUCTION OF CONFIDENTIAL INFORMATION
AT CONCLUSION OF LITIGATION.
The parties agree and stipulate that they will either return to the Providing
Party or destroy any and all Confidential Information upon the conclusion of this
litigation, including any paper or electronic copies of such documents.
7.
OBJECTIONS PRESERVED. Nothing in this Protective Order shall
require the disclosure of information, testimony, documents or things that are
otherwise not subject to discovery, are privileged or constitute attorney work
product. Nothing in this Protective Order shall prejudice any objections that any
party might have regarding the production of any information, testimony,
documents or things. Nothing in this Protective Order shall be construed as an
agreement that any Confidential Information shall be excluded from evidence in
this action.
8.
MECHANISM FOR CHALLENGING DESIGNATION. Any 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, per
Magistrate Judge Shaffer's specified procedures, the parties shall contact Magistrate
Judge Shaffer for a telephone conference to informally resolve the issue of whether the
disputed information should be subject to the terms of this Protective Order.
If the parties cannot resolve the dispute informally with the assistance of
Magistrate Judge Shaffer, the party designating the information as Confidential
Information will file an appropriate motion within ten (10) business days after the
informal telephone conference with Magistrate Judge Shaffer. If such a motion is
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timely filed, the disputed information shall be treated as Confidential Information
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 Information and shall not thereafter
be treated as Confidential Information in accordance with this Protective Order. In
connection with a motion filed under this provision, the party designating the information
as Confidential Information shall bear the burden of establishing that good cause exists
for the disputed information to be treated as Confidential Information. In addition, any
party, and any third party with a legally cognizable interest in this Protective Order, may
apply to the Court at any time for a modification of this Protective Order for good cause
shown. Any person may move the Court for additional protective orders with respect to
any information, testimony, document or thing, in accordance with Rule 26 of the Federal
Rules of Civil Procedure.
9.
PARTIES' CLAIMS AND DEFENSES. Neither a party's designation of
documents or testimony as confidential under this Protective Order nor a party's
failure to make or object to such designation shall be admissible in evidence, as a
party admission or otherwise, to prove any fact relevant to any claim or defense
asserted in this action.
10.
SURVIVAL. The restrictions on use of Confidential Information set forth in
this Protective Order shall survive the conclusion of this litigation.
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August
ORDERED this ___ day of ________________, 2012.
BY THE COURT:
s/Craig B. Shaffer
____________________________________
XXXXX Court
U.S. DistrictXXXX Judge
Magistrate
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ACKNOWLEDGEMENT
I hereby acknowledge that I have been advised of the terms of the Protective
Order entered in SALVADOR L. GALLEGOS v. PUEBLO SCHOOL DISTRICT
NO. 60, Civil Action No. 12-CV-01231-REB-CBS pending in the United States
District Court for the District of Colorado, have been provided with a copy of said
Protective Order, have read and understand said Protective Order, agree to be bound
by and to comply with the terms of said Protective Order, and agree to submit to the
jurisdiction of the United States District Court for the District of Colorado for the
purpose of enforcement of said Protective Order.
Dated: _____________________
Printed Name: __________________________
Relationship to Lawsuit:__________________
Address: ______________________________
______________________________________
______________________________________
Telephone: _____________________________
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