Maines Paper & Food Service, Inc. . v. Savier, et al

Filing 23

AMENDED STIPULATED PROTECTIVE ORDER by Magistrate Judge Boyd N. Boland on 2/21/13. (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.
AMENDED 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 Amended 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 Amended 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 the 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. Information designated “ATTORNEY’S EYES ONLY”
shall be information that is confidential and implicates the same common law and statutory
privacy interests described above, but is also information that the designating party deems so
competitively sensitive that it should not be learned by the party’s competitors. Any
information designated by a party as CONFIDENTIAL or ATTORNEY’S EYES ONLY must
first be reviewed by a lawyer who will certify that the designation as CONFIDENTIAL or
ATTORNEY’S EYES ONLY 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 and ATTORNEY’S EYES ONLY
information shall not be disclosed or used for any purpose except the preparation and trial of
this case.
4.

ATTORNEY’S EYES ONLY 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 the 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 the case;

c.

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;
d.

the Court and its employees (“Court Personnel”);

e.

stenographic reporters who are engaged in proceedings necessarily incident to
the conduct in this action; and

f.
5.

other persons, by written agreement of the parties,
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.

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.
6.

other persons by written agreement of the parties.
Prior to disclosing any CONFIDENTIAL or ATTORNEY’S EYES ONLY

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 Amended Stipulated Protective Order and obtain from such person
a written acknowledgment stating that he or she has read this Amended 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.
7.

Documents are designated as CONFIDENTIAL or ATTORNEY’S EYES

ONLY 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,” or “ATTORNEY’S EYES ONLY—SUBJECT TO PROTECTIVE ORDER.”
8.

Whenever a deposition involves the disclosure of CONFIDENTIAL or

ATTORNEY’S EYES ONLY information, the deposition or portions thereof shall be
designated as CONFIDENTIAL or ATTORNEY’S EYES ONLY, and shall be subject to the
provisions of this Amended 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 or ATTORNEY’S EYES ONLY 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.

9.

Whenever a party inadvertently fails to designate any information as

CONFIDENTIAL or ATTORNEY’S EYES ONLY, 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 or ATTORNEY’S EYES ONLY
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 or
ATTORNEY’S EYES ONLY information shall return the previously unmarked information
or destroy it.
10.

A party may object to the designation of particular CONFIDENTIAL or

ATTORNEY’S EYES ONLY 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 or ATTORNEY’S EYES ONLY to file an
appropriate motion requesting that the Court determine whether the disputed information
should be subject to the terms of this Amended Stipulated Protective Order. If such a motion
is timely filed, the disputed information shall be treated as CONFIDENTIAL or
ATTORNEY’S EYES ONLY under the terms of this Amended 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
or ATTORNEY’S EYES ONLY, and shall not thereafter be treated as CONFIDENTIAL or
ATTORNEY’S EYES ONLY in accordance with this Amended Stipulated Protective Order.

In connection with a motion filed under this provision, the party designating the information
as CONFIDENTIAL or ATTORNEY’S EYES ONLY shall bear the burden of establishing
that good cause exists for the disputed information to be treated as CONFIDENTIAL or
ATTORNEY’S EYES ONLY.
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 or
ATTORNEY’S EYES ONLY shall be returned to the party that designated it as
CONFIDENTIAL or ATTORNEY’S EYES ONLY, or the parties may elect to destroy
CONFIDENTIAL or ATTORNEY’S EYES ONLY documents. Where the parties agree to
destroy CONFIDENTIAL or ATTORNEY’S EYES ONLY documents, the destroying party
shall provide all parties with an affidavit confirming the destruction.
12.

The parties agree and stipulate that every person who obtains

CONFIDENTIAL or ATTORNEY’S EYES ONLY information is prohibited from using or
disclosing said information for any purpose whatsoever, except as necessary to assist in the
conduct of this litigation.
13.

Nothing in this Amended 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 Amended Stipulated Protective Order shall
prejudice any objections that a party might have regarding the production of information.
Nothing in this Amended Stipulated Protective Order shall be construed as an agreement that
any CONFIDENTIAL or ATTORNEY’S EYES ONLY information shall be excluded from
evidence.

14.

Neither a party’s designation of information as CONFIDENTIAL or

ATTORNEY’S EYES ONLY under this Amended 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.
15.

The restrictions on use of CONFIDENTIAL or ATTORNEY’S EYES ONLY

information set forth in this Amended Stipulated Protective Order shall survive the
conclusion of this litigation.
16.

This Amended 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 February 21, 2013.
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 Amended 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
Amended Stipulated Protective Order, have read and understand said Amended Stipulated
Protective Order, agree to be bound by and to comply with the terms of said Amended 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 Amended 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: [phone] (Gutierrez)
Phone: [phone] (Williams)
[e-mail]
[e-mail]

s/Todd A. Fredrickson
Todd A. Fredrickson
Ruth N. Mackey
Fisher & Phillips LLP
1999 Broadway, Suite 3300
Denver, Colorado 80202
Phone: [phone]
[e-mail]
[e-mail]
ATTORNEYS FOR DEFENDANTS

ATTORNEY FOR PLAINTIFF