Gioso v. Sierra Financial Services, Inc.

Filing 24

PROTECTIVE ORDER by Magistrate Judge Kathleen M. Tafoya on 2/11/2013. (kmtcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:12-cv-02964-MSK-KMT
LORI M. GIOSO,
Plaintiff,
v.
SIERRA FINANCIAL SERVICES INC, a Colorado Corporation, d/b/a/ OMNI FINANCIAL
SERVICES,
Defendant.
_____________________________________________________________________________
STIPULATED PROTECTIVE ORDER
_____________________________________________________________________________
This matter comes before the Court on the parties’ Stipulated Motion for Entry of
Protective Order. The Court has reviewed that Motion. The parties have shown good cause in
support of the entry of a protective order to protect the discovery and dissemination of
confidential information. Therefore, 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 implicates

common law and statutory privacy, trade value, trade secret, or confidentiality interests such as:
(a) personnel or medical records of current or former employees of Defendant; (b) Defendant’s
trade secrets, proprietary information, and commercial or financial information that are either
privileged or confidential (c) Defendant’s clients’ financial or tax records or any information
related to their identity or tax issues. CONFIDENTIAL information shall not be disclosed or
used for any purpose except for the preparation and trial of this case.
4.

CONFIDENTIAL documents, materials, 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, including the designated representatives for Defendant;

(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;
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(g)

deponents; 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, deponents, and stenographic
reporters), counsel shall provide such person with a copy of this Protective Order, explain the
person’s obligations under the Protective Order, and obtain the person’s written agreement to
comply with the 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.”
7.

Before any information is designated “CONFIDENTIAL,” counsel of record for

the designating party must first review the information and make a determination, in good faith,
that the documents and/or information are confidential or otherwise entitled to protection under
FED. R. CIV. P. 26(c).
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.
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9.

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, within thirty (30) days after the time the notice is received, 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.

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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.
ORDERED this 11th day of February, 2013.
BY THE COURT:

____________________
Kathleen M. Tafoya
U.S. Magistrate Judge
AGREED AND APPROVED
AZBELL & GROVES, LLC

ST.CLAIR & GRESCHLER, P.C.

s/ Joseph H. Azbell (Original on file)
Joseph H. Azbell
Erik Groves
619 Main Street
Grand Junction, CO 81501
Tel: [phone]

/s Scott St.Clair (Original on file)
Scott St.Clair
Dipak P. Patel
3100 Arapahoe Ave., Ste. 503
Boulder, CO 80303
Tel.: [phone]
Email: [e-mail]

Attorneys for Plaintiff

Attorneys for Defendant

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