Smith v. United Parcel Service
Filing
49
STIPULATED PROTECTIVE ORDER by Magistrate Judge Craig B. Shaffer on 10/30/12. (cbssec)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-01578-LTB-CBS
MATTHEW ALAN SMITH,
Plaintiff,
v.
UNITED PARCEL SERVICE
Defendant.
STIPULATED PROTECTIVE ORDER
Under Rule 26(c), FED. R. CIV. P., upon a showing of good cause in support of
the entry of a protective order to protect the discovery and dissemination of
confidential personnel, medical or commercial information and information that will
improperly annoy, embarrass, or oppress any party, witness, or person providing
discovery in this case, IT IS ORDERED:
1.
This Stipulated Protective Order shall apply to all documents, materials
and information, including without limitation, documents produced, answers to
interrogatories, responses to requests for admission, depositions and other
information disclosed pursuant to the disclosure or discovery duties created by the
Federal Rules of Civil Procedure.
2.
As used in this Stipulated Protective Order, “document” is defined as
provided in Rule 34(a), FED. R. CIV. P. A draft or non-identical copy is a separate
document within the meaning of this term.
3.
Confidential documents, materials, and information (collectively, the
“Confidential Information”) shall not be disclosed or used for any purpose except the
preparation and trial of this case. The duty to keep confidential information
confidential survives the completion of this case.
4.
Information designated “Confidential” shall be information that is
confidential and implicates common law and statutory privacy interests; concerns
private financial, employment or medical information of Plaintiff Matthew Alan Smith
(“Plaintiff”); or confidential business information about Defendant United Parcel
Service. (“UPS” or “Defendant”), Defendant’s affiliates or subsidiaries, current or
former employees and agents, trade secrets or other confidential research, or
marketing, development or commercial information of Defendant. As a condition of
designating documents for confidential treatment, the documents must be reviewed
by a lawyer (for UPS) or by Plaintiff Smith and a good faith determination must be
made that the documents are entitled to protection.
5.
A party designating documents as Confidential Information may do so
by marking such material with the legend "Confidential."
6.
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
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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 is promptly given to all counsel of record or Plaintiff Smith within thirty
(30) days after notice by the court reporter of the completion of the transcript.
7.
The parties recognize but do not necessarily agree that Confidential
Information may include, but is not limited to, sensitive and non-public information
and records concerning compensation, employee duties and performance, employee
discipline and promotions, personnel decisions and other documents related to the
Plaintiff’s employment with Defendant, and Defendant’s general business practices,
financial matters, information regarding client/customer relationships, and technical,
strategic or other proprietary business information. 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:
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 of the case, at trial, or at
other proceedings in this case;
c.
the parties, including Plaintiff and Defendant and Defendant’s
Board of Directors, officers, managers, and any designated
advisory witnesses who are directly assisting said attorneys in
the preparation of this case;
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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.
the Court, jurors and/or court staff in any proceeding herein;
f.
stenographic reporters who are engaged in proceedings
necessarily incident to the conduct of this action;
g.
h.
8.
deponents, witnesses or potential witnesses; and
other persons by written agreement of the parties.
In no event shall a person or entity that is a competitor (direct or
indirect) of Defendant, or who may be involved in any charge or claim against the
Defendant, be allowed to view or receive any information designated by Defendant
as Confidential, absent Defendant’s written consent or Order of the Court.
9.
Before the parties or their counsel may disclose any Confidential
Information to any persons contemplated by paragraph 7 of this Stipulated Protective
Order (other than counsel, persons employed by counsel, Court Personnel and
stenographic reporters), such person shall be provided with a copy of the Stipulated
Protective Order and shall be advised that he or she shall be bound by its provisions.
In the event any counsel of record determines that persons other than those
provided for in Paragraph 7 above have a need to review any Confidential
Information, written authorization of the party who produced the Confidential
Information must be obtained in advance of such disclosure. Should the party who
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produced the Confidential Information refuse such authorization, counsel may apply
to the Court for authorization.
10.
A party may object to the designation of particular Confidential
Information by giving written notice to the party that designated the disputed
information and all other parties to the civil action. 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 Information
to file an appropriate motion requesting that the Court determine whether the
disputed information should be subject to the terms of this Stipulated Protective
Order. If such a motion is timely filed, the disputed information shall be treated as
Confidential Information under the terms of this Stipulated Protective Order until the
Court rules on the motion. If the designating party fails to file such a motion within
the prescribed period, the disputed information shall lose its designation as
Confidential Information and shall not thereafter be treated as Confidential
Information in accordance with this Stipulated 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.
11.
At the conclusion of this case, unless other arrangements are agreed
upon, each document and all copies thereof which have been designated as
Confidential Information shall be destroyed or preserved by counsel in a manner
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which is fully consistent with the terms of this Protective Order. At the end of the
litigation (including any appeals), counsel will not be required to return the material.
The parties shall have the right to seek modification of this Order from the
Court upon showing of good cause.
August 25, 2012
Dated: 30 Oct 2012
.
By the Court:
___
U.S. District Judge
Craig B. Shaffer
United States Magistrate Judge
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So Stipulated:
s/Matthew Alan Smith
Matthew Alan Smith
P.O. Box 350217
Westminster, CO 80035
(720) 938-3766
s/Judith A. Biggs
Judith A. Biggs
HOLLAND & HART LLP
One Boulder Plaza
1800 Broadway, Suite 300
Boulder, CO 80302
Telephone: (303) 473-2700
Facsimile: (303) 473-2720
Email: jbiggs@hollandhart.com
PRO SE PLAINTIFF
Joseph Neguse
HOLLAND AND HART LLP
555 Seventeenth Street, Suite 3200
Post Office Box 8749
Denver, CO 80201-8749
Telephone: (303) 295-8443
Fax: (720) 545-2089
Email: jneguse@hollandhart.com
ATTORNEYS FOR DEFENDANT
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