Johnston v. North Table Mountain Water & Sanitation District et al
Filing
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STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Craig B. Shaffer on 10/3/12. (cbssec)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-01790-REB-CBS
KEVIN JOHNSTON,
Plaintiff,
v.
NORTH TABLE MOUNTAIN WATER AND SANITATION DISTRICT; and
BART SPERRY,
Defendants.
STIPULATED PROTECTIVE ORDER
Upon a showing of good cause in support of the entry of a Protective Order by
and between Plaintiff Kevin Johnston and Defendants North Table Mountain Water and
Sanitation District and Bart Sperry to protect the discovery and dissemination of
confidential information or information that will improperly annoy, embarrass, or oppress
any party, witness, or person providing discovery in this case, IT IS ORDERED:
1.
information,
This Protective Order shall apply to all documents, materials, and
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 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 any party or
third party to these proceedings. CONFIDENTIAL information shall not be disclosed or
used for any purpose except the preparation and trial of this case. Third-parties
disclosing any CONFIDENTIAL information may designate such CONFIDENTIAL
information as CONFIDENTIAL per this Protective Order and any party to this
Protective Order may designate CONFIDENTIAL information produced by a third-party
as CONFIDENTIAL per this Protective
Order.
4.
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
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 for trial, at
trial, or at other proceedings in this case;
(c) the parties;
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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 and its employees (“Court Personnel”);
(f) stenographic reporters who are engaged in proceedings necessarily incident
to the conduct of this action;
(g) persons whom counsel reasonably believes to be the authors, senders,
addressees, and copy recipients of, persons mentioned in such CONFIDENTIAL
information, current or former employees of the producing person and other persons
with knowledge relating to the information contained therein so long as (i) those persons
have been identified in Fed. R. Civ. P. 26(a) disclosures (or amendments thereto) and
(ii) have agreed to abide by the terms of this Protective Order pursuant to Paragraph 6,
below;
(h) deponents, witnesses, or potential witnesses;
(i) other persons by written agreement of the parties; and
5.
Prior to disclosing any CONFIDENTIAL information to any person listed
above (other than counsel, persons employed by counsel, Court Personnel and
stenographic reporters), counsel shall provide such person with a copy of this Protective
Order and obtain from such person their agreement to abide by such Protective Order.
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.”
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7.
Any information designated by a party as CONFIDENTIAL will first be
reviewed by counsel 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.
8.
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.
9.
Any
party
may
attempt
to
introduce
into
evidence
relevant
CONFIDENTIAL information at the trial of this action, subject to whatever further
protective orders the trial court imposes at the time of the offer. If any CONFIDENTIAL
information is incorporated into a court filing, the filing party will move in accordance
with District of Colorado Local Civil Rule 7.2 for leave to file the evidence with the Clerk
of the Court under seal. Where possible, only CONFIDENTIAL portions of the filings
with the Court shall be under seal. To the extent that the requirements of this paragraph
are inconsistent with any applicable local rules concerning the filing of materials under
seal, then the local rules shall govern.
10.
A party may object to the designation of particular CONFIDENTIAL
information by giving written notice to the party designating the disputed information.
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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.
11.
In the event of an inadvertent disclosure of CONFIDENTIAL information,
or privileged documents or information, by any party to this agreement, the parties
agree that the right to designate such materials as CONFIDENTIAL or to assert
privilege will not be waived where the producing party notifies the other party of the
inadvertent disclosure within a reasonable period of time following discovery of the
inadvertent disclosure. Upon notification of an inadvertent disclosure of CONFIDENTIAL
or privileged documents or information, the producing party shall notify the receiving
party of the inadvertent disclosure. Upon notification, the receiving party shall promptly
return or destroy the requested privileged materials and any copies thereof.
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12.
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.
13.
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 at Denver, Colorado, on October 3, 2012.
BY THE COURT:
s/Craig B. Shaffer
United States Magistrate Judge
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