McReynolds v. Albertsons

Filing 36

ORDER granting 34 the parties' Joint Motion for the Entry of a Protective Order and entering Joint Protective Order; and denying 33 Motion for Protective Order as superseded by Doc. # 34. By Magistrate Judge Craig B. Shaffer on 05/14/2013. (cbslc1)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Case No. 12-cv-03112-CMA-CBS
ROBERT R. MCREYNOLDS,
Plaintiff,
v.
ALBERTSONS,
Defendant.
JOINT PROTECTIVE ORDER
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 deemed by

the parties after a good-faith review to be confidential in that it implicates common law and/or
statutory privacy interests, for instance, of (a) Albertson’s LLC (“Albertson’s”); (b) current or

former employees of Albertson’s or its affiliates, and/or (c) Plaintiff. 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;

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;

g)
h)
5)

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 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 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.
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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)

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 thirty (30) 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.

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9)

With sixty (60) days of the conclusion of this case, unless other arrangements

are agreed upon, the parties shall either (1) return all CONFIDENTIAL material and all copies
thereof (including summaries and excerpts and copies in hands of outside experts or consultants)
to the producing party’s counsel; (2) destroy all such CONFIDENTIAL material and certify in
writing to the designating party’s counsel that such destruction has occurred; or (3) take
measures to maintain the confidentiality of all such CONFIDENTIAL material indefinitely (e.g., on
a secured law firm electronic storage system) and certify in writing to the designating party’s
counsel that such measures have been taken, such certification to provide detail regarding the
specific measures taken.
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 at Denver, Colorado this 14th day of May, 2013.
BY THE COURT:

s/Craig B. Shaffer
United States Magistrate Judge

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