Maiteki v. Marten Transportation Ltd
Filing
151
AMENDED STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Craig B. Shaffer on 8/28/14. ORDERED that 148 Unopposed MOTION for Protective Order is GRANTED. FURTHER ORDERED that when filing documents under seal parties MUST fully comply with the requirements of D.C.ColoL.CivR. 7.2 and D.C.COLO. ECF. PROC. 5.1. (cbssec)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Case No. 1:12-cv-02021-WJM-CBS
RONALD MUKASA MAITEKI,
Plaintiff,
v.
MARTEN TRANSPORT, LTD., et al.,
Defendants.
AMENDED STIPULATION AND PROTECTIVE ORDER
Each Party and each Counsel of Record stipulate and move the Court for an
Amended Protective Order pursuant to Rule 26(c) of the Federal Rules of Civil
Procedure concerning the treatment of Confidential Information (as hereinafter defined).
This Amended Stipulation and Protective Order amends the Stipulation and Protective
Order (Dkt. # 103) entered on February 26, 2014, by adding HireRight, Inc., which was
not a party to the litigation when the original Protective Order was entered, to the
Protective Order. As grounds for this Amended Stipulation and Protective Order, the
Parties 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
EXHIBIT 1
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 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.
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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,
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
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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.
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
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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.L.Civ.R. 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)).
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.
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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.
August 28
DATED at Denver, Colorado, on ____________________, 2014.
BY THE COURT:
s/
Craig B. Shaffer
United States Magistrate Judge
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STIPULATED AND AGREED TO:
EMEJURU & NYOMBI, L.L.C.
DEWITT ROSS & STEVENS, P.C.
s/ Andrew Nyombi
Andrew Nyombi
Ikechukwu K. Emejuru
8403 Colesville Road, Suite 1100
Silver Spring, MD 20910
Telephone: 240.638.2786
Facsimile: 800.250.7923
E-mail:
anyombi@enylaw.com
iemejuru@enylaw.com
s/ Stephen DiTullio
Stephen A. DiTullio
John C. Gardner
2 East Mifflin Street, Suite 600
Madison, WI 53703-2865
Telephone:
608.255.8891
Facsimile:
608.252.9243
E-mail:
sad@dewittross.com
jcg@dewittross.com
Attorneys for Plaintiff Ronald Mukasa
Maiteki
Attorneys for Defendant Marten Transport,
Ltd.
TREECE ALFREY MUSAT, P.C.
s/ Carol Lynn Thomson
Carol Lynn Thomson
Paul E. Collins
1600 South Tower
999 18th Street
Denver, CO 80202
Telephone:
303.292.2700
Facsimile:
303.295.0414
E-mail:
cthomson@tamlegal.com
pcollins@tamlegal.com
Attorneys for Defendant Knight
Transportation, Inc.
SHERMAN & HOWARD, L.L.C.
s/ Lori Wright Keffer
William A. Wright
633 17th Street, Suite 3000
Denver, CO 80202-3622
Telephone:
303.297.2900
Facsimile:
303.298.0940
E-maiL: wwright@shermanhoward.com
Lori Wright Keffer
201 East Washington Street, Suite 800,
Phoenix, AZ 85004
Telephone: 602.240.3068
Facsimile: 602.240.6600
E-mail:
lkeffer@shermanhoward.com
Attorneys for Defendant Swift
Transportation Co. of Arizona, LLC
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LITTLER MENDELSON, P.C.
s/ Daniel M. Combs
Daniel M. Combs
1900 16th Street, Suite 800
Denver, CO 80202
Telephone:
303.299.6200
Facsimile:
303.299.0200
E-mail:
dcombs@littler.com
Rod M. Fliegel
650 California Street, 20th Floor
San Francisco, CA 94108
Telephone:
415.439.6253
Facsimile:
415.743.6557
E-mail:
rfliegel@littler.com
Chad J. Kaldor
21 East State Street, 16th Floor
Columbus, OH 43215
Telephone:
614.463.4220
Facsimile:
614.573.7972
E-mail:
ckaldor@littler.com
Attorneys for Defendant HireRight, Inc.
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EXHIBIT A
AFFIDAVIT
STATE OF COLORADO
)
) ss.
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)
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(Print or Type Name)
(Street Address)
(City, State & ZIP)
(Telephone)
SUBSCRIBED AND SWORN to before me this ____ day of _______________,
20__, by
.
WITNESS my hand and official seal.
Notary Public
My commission expires:
Firmwide:128673095.1 061997.1097
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