Hecht v. Allstate Insurance Company et al
PROTECTIVE ORDER re: 22 Motion for Protective Order by Magistrate Judge Gordon P. Gallagher on 12/11/2012.(ggall, ) Modified on 12/11/2012 to add text (dkals, ).
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
U.S. Magistrate Judge Gordon P. Gallagher
Civil Case No.: 12-cv-02244-CMA-GPG
ALLSTATE INSURANCE COMPANY,
ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY, and
ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANY,
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 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 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 Allstate Insurance Company, Allstate
Fire and Casualty Insurance Company and Allstate Property and Casualty Insurance Company.
CONFIDENTIAL information shall not be disclosed or used for any purpose except the
preparation and trial of this case.
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 and designated representatives for the entity 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
(g) deponents, witnesses, or potential witnesses; and
(h) other persons by written agreement of the parties.
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 a written acknowledgment (see attachment A) stating that he or she has read this
Protective Order and agrees to be bound by its provisions. All such acknowledgments 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:
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 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.
8. A party may object to the designation of particular CONFIDENTIAL information by
giving written notice to the party designating 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 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.
9. 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.
10. 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 December 11, 2012.
BY THE COURT:
s/ Gordon P. Gallagher
Gordon P. Gallagher
U.S. Magistrate Judge
United States District Court for the District of Colorado
Civil Case No.: 12-cv-02244-CMA-GPG
Hecht v. Allstate Insurance Company, et al.
AGREEMENT OF CONFIDENTIALITY
1. My full name is: __________________________________________________
2. My address is: ___________________________________________________
3. My present employer is: ___________________________________________
4. My present occupation or job description is: ____________________________
5. I have received a copy of the Protective Order entered in this case. I have
carefully read and understand the provisions of the Protective Order. I will comply with
all of the provisions of the Protective Order.
6. I will not disclose any documents covered by the Protective Order except to the
attorneys of record in this case and their staff. I will use any such information only with
respect to this case.
7. I will return all documents covered by the Protective Order that come into my
possession and all documents or things which I have prepared which contain reference
to such information to any attorney representing the party that has employed or retained
me at the conclusion of this case.
8. I submit to the jurisdiction of this Court for the purposes of enforcement of the
DATED this_____ day of _______________ , 201__.
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