Leck v. Financial Planning Association
PROTECTIVE ORDER by Magistrate Judge Boyd N. Boland on 3/13/13. (bnbcd, )
IN THE UNITEDSTATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-CV-03031-MSK-BNB
FINANCIAL PLANNING ASSOCIATION
Pursuant to Fed. R. Civ. P. 26(c), 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:
This Stipulated 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.
As used in this Stipulated 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
Information designated "CONFIDENTIAL" shall be information that is
confidential and implicates common law and statutory privacy interests of: (a) Plaintiff Amy
Leck; (b) Defendant Financial Planning Association, or its employees, customers, or members;
including confidential, proprietary, trade secret, financial, or personal information. Any
information designated by a party as CONFIDENTIAL must first be reviewed by a lawyer 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." Gillard v. Boulder Valley Sch.
Dist., 196 F.R.D. 382, 386 (D. Colo. 2000). CONFIDENTIAL information shall not be disclosed
or used for any purpose except the preparation and trial of this case.
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
the parties' attorneys that are actively working on this case;
persons regularly employed or associated with the parties' attorneys that are
actively working on the case whose assistance is required by said attorneys in the preparation of
the case, at trial, or at other proceedings in this case;
the parties, including designated representatives for the Plaintiff and Defendant;
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;
the Court and its employees ("Court Personnel");
stenographic reporters who are engaged in proceedings necessarily incident to the
conduct of this action;
deponents, witnesses, or potential witnesses; and
other persons by written agreement of the parties.
Prior to disclosing any CONFIDENTIAL information to any person listed above
(other than the parties' counsel, persons employed by the parties' counsel, Court Personnel, and
stenographic reporters), counsel shall provide such person with a copy of this Stipulated
Protective Order and obtain from such person a written acknowledgment stating that he or she
has read this Stipulated Protective Order and agrees to be bound by its provisions. A copy of the
written acknowledgment is attached hereto. All such acknowledgements 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.
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—SUBJECT TO PROTECTIVE ORDER."
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 Stipulated 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 is promptly given to
all counsel of record within thirty (30) days after notice by the court reporter of the completion
of the transcript.
Whenever a party inadvertently fails to designate any information as
CONFIDENTIAL, that party may correct such failure by giving written notice to the other
party(ies). Upon such written notification, the corrected materials shall only be deemed
CONFIDENTIAL prospectively. Substitute copies of the corrected information shall be
appropriately marked and given to the other party(ies) as soon as they become available. Within
ten (10) days of receipt of the substitute copies, the party(ies) receiving the CONFIDENTIAL
information shall return the previously unmarked information or destroy it.
Any request to restrict access must comply with the requirements of
D.C.COLO.LCivR 7.2. In the event it is necessary for the Parties to file Confidential
Information with the Court in connection with any proceeding or motion, the Confidential
Information shall be filed in accordance with the requirements of D.C.COLO.L.R. 7.2, if so
warranted. Specifically, the Parties will make a good faith effort to confer regarding restricted
access to documents marked Confidential before filing with the Court. If a motion to restrict
access is required, the motion will be filed by the party who originally designated the document
as Confidential. The party filing the underlying motion/document will temporarily file
Confidential documents with restricted access pursuant to D.C.COLO.L.R. 7.2D if a motion to
restrict access is being contemplated.
A party may object to the designation of particular CONFIDENTIAL information
by giving written notice to the party that designated 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 Stipulated Protective Order. If such a motion is timely filed, the disputed
information shall be treated as CONFIDENTIAL under the terms of this Stipulated 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 Stipulated 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.
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 as 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.
The parties agree and stipulate that every person who obtains CONFIDENTIAL
information is prohibited from using or disclosing said information for any purpose whatsoever,
except as necessary to assist in the conduct of this litigation.
Nothing in this Stipulated Protective Order shall require the disclosure of
information that is otherwise not subject to discovery, is privileged, or constitutes attorney work
product. Nothing in this Stipulated Protective Order shall prejudice any objections that a party
might have regarding the production of information. Nothing in this Stipulated Protective Order
shall be construed as an agreement that any CONFIDENTIAL information shall be excluded
Neither a party's designation of information as CONFIDENTIAL under this
Stipulated Protective Order, nor a party's failure to make or object to such designation, shall be
admissible in evidence as a party admission or otherwise to prove any fact relevant to any claim
The restrictions on use of CONFIDENTIAL information set forth in this
Stipulated Protective Order shall survive the conclusion of this litigation.
This Stipulated 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 March 13, 2013.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge
I hereby acknowledge that I have been advised of the terms of the Stipulated Protective Order
entered in Leck v. Financial Planning Association., Civil Action No. 1:12-cv-03031, pending in
the United States District Court for the District of Colorado, have been provided with a copy of
said Stipulated Protective Order, have read and understand said Stipulated Protective Order,
agree to be bound by and to comply with the terms of said Stipulated Protective Order, and agree
to submit to the jurisdiction of the United States District Court for the District of Colorado for
the purpose of enforcement of said Stipulated Protective Order.
Relationship to Lawsuit:_______________
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