Maiteki v. Marten Transportation Ltd
Filing
103
STIPULATION AND PROTECTIVE ORDER signed by Magistrate Judge Craig B. Shaffer on 2/26/14. (cbssec)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-02021-WJM-CBS
RONALD MUKASA MAITEKI,
Plaintiff,
v.
MARTEN TRANSPORT, LTD.,
KNIGHT TRANSPORTATION INC., and
SWIFT TRANSPORTATION CORPORATION
INC.,
Defendants.
STIPULATION AND PROTECTIVE ORDER
Each Party and each Counsel of Record stipulate and move the Court for a Protective
Order pursuant to Rule 26(c) of the Federal Rules of Civil Procedure concerning the
treatment of Confidential Information (as hereinafter defined), and, as grounds therefor, state
as follows:
1.
In this action, at least one of the Parties has sought, is seeking and/or likely will
seek Confidential Information (as defined in paragraph 2 below). The Parties also anticipate
seeking additional Confidential Information during discovery and that there will be questioning
concerning Confidential Information in the course of depositions.
The Parties assert the
disclosure of such information outside the scope of this litigation could result in significant
injury to the business or privacy interests of one or more of the Parties or one or more third
parties.
The Parties have entered into this Stipulation and request the Court enter the within
EMPLOY/1094285.1
Protective Order for the purpose of preventing the disclosure and use of Confidential
Information except as set forth herein.
2.
“Confidential Information” means any document, file, portions of files,
transcribed testimony, or response to a discovery request, including any extract, abstract, chart,
summary, note, or copy made therefrom - not made available to the public - and designated by
one of the Parties in the manner provided in paragraph 3 below as containing:
private
information pertaining to an individual other than Plaintiff; financial and/or proprietary
information; etc.
3.
Where Confidential Information is produced, provided or otherwise disclosed by a
Party in response to any discovery request, it will be designated in the following manner:
a.
By imprinting the word “Confidential” on the first page or cover of
any document produced;
b.
By imprinting the word “Confidential” next to or above any response
to a discovery request; and
c.
With respect to transcribed testimony, by giving written notice to
opposing counsel designating such portions as “Confidential” no later than ten
calendar days after receipt of the transcribed testimony.
4.
All Confidential Information provided by a Party in response to a discovery
request or transcribed testimony shall be subject to the following restrictions:
a.
It shall be used only for the purpose of this litigation and not for any
business or other purpose whatsoever; and
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EMPLOY/1094285.1
b.
It shall not be communicated or disclosed by any Party’s counsel or a
Party in any manner, either directly or indirectly, to anyone except for purposes of
this case and unless an affidavit in the form of Exhibit A has been signed.
5.
Individuals authorized to review Confidential Information pursuant to this
Protective Order shall hold Confidential Information in confidence and shall not divulge the
Confidential Information, either verbally or in writing, to any other person, entity or government
agency unless authorized to do so by court order.
6.
The Party’s counsel who discloses Confidential Information shall be responsible
for assuring compliance with the terms of this Protective Order with respect to persons to whom
such Confidential Information is disclosed and shall obtain and retain the original affidavits
signed by qualified recipients of Confidential Information, and shall maintain a list of all persons
to whom any Confidential Information is disclosed.
7.
During the pendency of this action, opposing counsel may upon court order
or agreement of the parties inspect the list maintained by counsel pursuant to paragraph 6 above
upon a showing of substantial need in order to establish the source of an unauthorized
disclosure of Confidential Information and that opposing counsel are unable otherwise to
identify the source of the disclosure. If counsel disagrees with opposing counsel’s showing of
substantial need, then counsel may seek a court order requiring inspection under terms and
conditions deemed appropriate by the Court.
8.
No copies of Confidential Information shall be made except by or on behalf
of counsel in this litigation and such copies shall be made and used solely for purposes of
this litigation.
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9.
During the pendency of this litigation, counsel shall retain custody of
Confidential Information, and copies made therefrom pursuant to paragraph 8 above.
10.
If opposing counsel objects to the designation of certain information as
Confidential Information, he or she shall promptly inform the other parties’ counsel in writing
of the specific grounds of objection to the designation. All counsel shall then, in good faith
and on an informal basis, attempt to resolve such dispute. If after such good faith attempt, all
counsel are unable to resolve their dispute, opposing counsel may move for a disclosure order
consistent with this order. Any motion for disclosure shall be filed within 14 days of receipt by
counsel of notice of opposing counsel’s objection, and the information shall continue to have
Confidential Information status from the time it is produced until the ruling by the Court on the
motion.
11.
Use of Confidential Information in Court Proceedings:
In the event
Confidential Information is used in any court filing or proceeding in this action, including but
not limited to its use at trial, it shall not lose its confidential status as between the parties
through such use. Confidential Information and pleadings or briefs quoting or discussing
Confidential Information will not be accepted for filing “under seal” or otherwise kept out of
the public record in this action, however, except by court order issued upon motion of the party
seeking to file the documents under seal. Any motion requesting leave to file documents under
seal shall comply with the requirements of D.C.COLO.LCivR 7.2 and demonstrate that the
Confidential Information at issue is entitled to protection under the standards articulated in
Nixon v. Warner Communications, Inc., 435 U.S. 589, 598-602 (1978) (applied in United States
v. Hickey, 767 F.2d 705, 708 (10th Cir. 1985) and Crystal Grower’s Corp. v. Dobbins, 616 F.2d
458, 461 (10th Cir. 1980)).
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12.
The termination of this action shall not relieve counsel or other persons
obligated hereunder from their responsibility to maintain the confidentiality of Confidential
Information pursuant to this Protective Order, and the Court shall retain continuing jurisdiction
to enforce the terms of this Protective Order.
13.
By agreeing to the entry of this Protective Order, the Parties adopt no position as to
the authenticity or admissibility of documents produced subject to it.
14.
Upon termination of this litigation, including any appeals, each Party’s counsel
shall immediately return to the producing party all Confidential Information provided subject
to this Protective Order, and all extracts, abstracts, charts, summaries, notes or copies made
therefrom. At that time, counsel shall also file under seal with this Court the list of individuals
who have received Confidential Information which counsel shall have maintained pursuant to
paragraph 6 herein, and counsel shall provide the Court with verification that any of counsel’s
work product referencing Confidential Information has been destroyed.
15.
Nothing in this Protective Order shall preclude any Party from filing a motion
seeking further or different protection from the Court under Rule 26(c) of the Federal Rules
of Civil Procedure, or from filing a motion with respect to the manner in which Confidential
Information shall be treated at trial.
DATED at Denver, Colorado, on February 26, 2014.
BY THE COURT:
s/Craig B. Shaffer
Craig B. Shaffer
United States Magistrate Judge
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STIPULATED AND AGREED TO:
s/ Andrew Nyombi
Andrew Nyombi
The Nyombi Bethesda Law Firm
P.O. Box 30877
Bethesda, MD 20824
1 800 250 7923
s/ John C. Gardner
Stephen A. DiTullio
John C. Gardner
DeWitt Ross & Stevens S.C.
2 East Mifflin Street
# 600
Madison, WI 53703
608 255 8891
s/ William A. Wright
William A. Wright
Sherman & Howard, L.L.C. –Denver
633 17th Street #3000
Denver, CO 80202
303 297 2900
s/ Paul E. Collins
Paul E. Collins
Treece Alfrey Musat, PC
999 18th Street South Tower
#1600
Denver , CO 80202
303 292 2700
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Exhibit A
AFFIDAVIT
STATE OF COLORADO
)
COUNTY OF ___________ )
_____________________, swears or affirms and states under penalty of perjury:
1.
I have read the Protective Order in Maiteki v. Marten Transport, Ltd., et al, a copy
of which is attached to this Affidavit.
2.
I
have
been
informed
by
_______________,
Esq.,
counsel
for
_________________, that the materials described in the list attached to this Affidavit are
Confidential Information as defined in the Protective Order.
3.
I promise that I have not and will not divulge, or undertake to divulge to any
person or recording device any Confidential Information shown or told to me except as
authorized in the Protective Order. I will not use the Confidential Information for any purpose
other than this litigation.
4.
For the purposes of enforcing the terms of the Protective Order, I hereby submit
myself to the jurisdiction of the court in the civil action referenced above.
5.
I will abide by the terms of the Protective Order.
______________________________
(Signature)
______________________________
(Print or Type Name)
Address:
______________________________
______________________________
Telephone: (____)_______________
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SUBSCRIBED AND SWORN to before me this ____ day of ____________, 20__, by
___________________________________.
WITNESS my hand and official seal.
______________________________
Notary Public
[SEAL]
My Commission Expires: ______________
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