Maines Paper & Food Service, Inc. . v. Savier, et al
Filing
20
PROTECTIVE ORDER by Magistrate Judge Boyd N. Boland on 11/5/12. (bnbcd, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-01773-REB-BNB
MAINES PAPER & FOOD SERVICE, INC., a corporation,
Plaintiff,
vs.
WILLIAM SAVIER, an individual, and
MEADOWBROOK MEAT COMPANY, INC., d/b/a MBM CORPORATION, a corporation.
Defendants.
STIPULATED PROTECTIVE ORDER
Pursuant to Fed. R. Civ. P. 26(c), 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 Stipulated 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 Stipulated 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.
3.
Information designated “CONFIDENTIAL” shall be information that is
confidential and implicates common law and statutory privacy interests of: (a) Plaintiff
Maines Paper & Food Service, Inc.; (b) Defendant William Savier; and (c) Defendant
Meadowbrook Meat Company, Inc., including confidential, proprietary, trade secret,
financial, or personal information. Any information designated by a party as
CONFIDENTIAL must first be reviewed by a lawyer who will certify that the designation as
CONFIDENTIAL is based on a good faith belief that the information “is confidential or
otherwise entitled to protection.” Gillard v. Boulder Valley Sch. Dist., 196 F.R.D. 382, 386
(D. Colo. 2000). CONFIDENTIAL information shall not be disclosed or used for any
purpose except the preparation and trial of this case.
4.
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.
the parties’ attorneys that are actively working on this case;
b.
persons regularly employed or associated with the parties’
attorneys that are 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 designated representatives for the Plaintiff
and Defendants;
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 and its employees (“Court Personnel”);
f.
stenographic reporters who are engaged in proceedings necessarily
incident to the conduct of this action;
g.
h.
5.
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 the parties’ counsel, persons employed by the parties’
counsel, Court Personnel, and stenographic reporters), counsel shall provide such
person with a copy of this Stipulated Protective Order and obtain from such person a
written acknowledgment stating that he or she has read this Stipulated Protective
Order and agrees to be bound by its provisions. A copy of the written
acknowledgment is attached hereto. All such acknowledgements 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.
6.
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—SUBJECT TO PROTECTIVE ORDER.”
7.
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 Stipulated 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 is promptly given to all counsel of record within
thirty (30) days after notice by the court reporter of the completion of the transcript.
8.
Whenever a party inadvertently fails to designate any information as
CONFIDENTIAL, that party may correct such failure by giving written notice to the
other party(ies). Upon such written notification, the corrected materials shall only be
deemed CONFIDENTIAL prospectively. Substitute copies of the corrected
information shall be appropriately marked and given to the other party(ies) as soon as
they become available. Within ten (10) days of receipt of the substitute copies, the
party(ies) receiving the CONFIDENTIAL information shall return the previously
unmarked information or destroy it.
9.
A party may object to the designation of particular CONFIDENTIAL
information by giving written notice to the party that designated 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 Stipulated Protective Order. If such a motion is timely filed, the disputed
information shall be treated as CONFIDENTIAL 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 time, the disputed information shall lose its
designation as CONFIDENTIAL and shall not thereafter be treated as
CONFIDENTIAL in accordance with this Stipulated 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.
10.
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 as
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.
11.
The parties agree and stipulate that every person who obtains
CONFIDENTIAL information is prohibited from using or disclosing said information
for any purpose whatsoever, except as necessary to assist in the conduct of this
litigation.
12.
Nothing in this Stipulated Protective Order shall require the disclosure
of information that is otherwise not subject to discovery, is privileged, or constitutes
attorney work product. Nothing in this Stipulated Protective Order shall prejudice any
objections that a party might have regarding the production of information. Nothing in
this Stipulated Protective Order shall be construed as an agreement that any
CONFIDENTIAL information shall be excluded from evidence.
13.
Neither a party’s designation of information as CONFIDENTIAL under
this Stipulated 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.
14.
The restrictions on use of CONFIDENTIAL information set forth in this
Stipulated Protective Order shall survive the conclusion of this litigation.
15.
This Stipulated 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 November 5, 2012.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge
ACKNOWLEDGEMENT
I hereby acknowledge that I have been advised of the terms of the Stipulated
Protective Order entered in Maines Paper & Food Service, Inc. v. William Savier and
Meadowbrook Meat Company, Inc., Civil Action No. 1:12-cv-01773, pending in the
United States District Court for the District of Colorado, have been provided with a copy
of said Stipulated Protective Order, have read and understand said Stipulated Protective
Order, agree to be bound by and to comply with the terms of said Stipulated 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 Stipulated Protective Order.
Dated: ____________________________
___________________________________
Printed Name:_______________________
Relationship to Lawsuit:_______________
Address:____________________________
___________________________________
___________________________________
Telephone:__________________________
So Stipulated:
s/Steven M. Gutierrez
Steven M. Gutierrez
Bradford J. Williams
Holland & Hart LLP
555 17th Street, Suite 3200
Denver, Colorado 80201-8749
Phone: (303) 295-8531 (Gutierrez)
Phone: (303) 295-8121 (Williams)
sgutierrez@hollandhart.com
bjwilliams@hollandhart.com
s/Todd A. Fredrickson
Todd A. Fredrickson
Ruth N. Mackey
Fisher & Phillips LLP
1999 Broadway, Suite 3300
Denver, Colorado 80202
Phone: (303) 218-3650
tfredrickson@laborlawyers.com
rmackey@laborlawyers.com
ATTORNEYS FOR DEFENDANTS
ATTORNEYS FOR PLAINTIFF
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