Pfarr v. DCP Midstream, LP et al

Filing 55

PROTECTIVE ORDER by Magistrate Judge Kathleen M. Tafoya on 4/16/2013. (kmtcd)

THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 12-cv-03372-WJM-KMT
CAROL PFARR,
Plaintiff,
v.
DCP MIDSTREAM, LP;
DCP MIDSTREAM, LLC;
DCP MIDSTREAM PARTNERS, LP;
DCP MIDSTREAM GP, LP;
DCP MIDSTREAM GP, LLC;
SPECTRA ENERGY CORP.; and
CONOCOPHILLIPS d/b/a PHILLIPS 66;
Defendants.

PROTECTIVE ORDER

The Court finds pursuant to Fed. R. Civ. P. 26(c) that good cause exists to
support the entry of a protective order to protect the discovery and dissemination of
certain information deemed confidential by one of the parties. This Protective Order will
expedite the disclosure of information and production of documents protected by
privilege or statutes, preserve the confidentiality of such information, protect privacy
interests of parties and non-parties, and help to avoid potential discovery disputes
related to information that is designated confidential. The Court hereby Orders as
follows:

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1.
information,

This Protective Order shall apply to all documents, materials, and
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 designated in

Fed. R. Civ. P. 34(a)(1)(A). A draft or non-identical copy is a separate document within
the meaning of this term.
3.

One who provides, serves, discloses or files any nonpublic documents or

information in connection with this civil action must first have the documents or
information 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 under Fed.R.Civ.P. 26(c)(1), and who in good faith believes such documents
or information contains (a) personnel information concerning employees other than the
Plaintiff or (b) proprietary business information of the Defendant, or (c) information
containing industry trade secrets, or (d) information relating to Plaintiff concerning
personal matters not generally known to the public, such as, but not limited to, income
information, medical information, and information regarding contacting prospective
employers, may designate such documents or information as “Confidential.” Parties and
attorneys designating documents as “Confidential” represent that such documents
contain information in which there is a legitimate private or public interest as referenced

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in D.C.Colo.L.Civ.R. 7.2(B)(2). The documents or information so designated shall be
deemed “Confidential Material” subject to this Protective Order.
4.

Confidential Material shall be subject to the following restrictions.

Confidential Material shall be used only for the limited purpose of preparing for and
conducting this civil action (including any appeals), and not for any other purpose
whatsoever, and shall not, without the consent of the party producing it or further Order
of the Court, be disclosed in any way to anyone except those specified in this
paragraph:
(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, or at other proceedings in this case;
(c) the parties and designated representatives of the 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 and video reporters who are engaged in proceedings
necessarily incident to the conduct of this action;
(g) deponents, witnesses, or potential witnesses who execute the attached
Exhibit A;

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(h) and, other persons by written agreement of the parties who execute
the attached Exhibit A.
5.

No Confidential Material shall be disclosed to anyone other than the

named parties in this litigation or their counsel or persons listed in paragraphs 4(a)-(f)
above until said person first signs an acknowledgement with respect to the
confidentiality of such information in the form attached hereto as Exhibit A. Prior to
disclosing any Confidential Material to any person other than those listed in paragraph
4(a)-(f) above, counsel shall inform such person of this Protective Order and provide
such person with a copy of Exhibit A to be signed acknowledging that he or she has
knowledge of this Protective Order and agrees to be bound by its provisions. All such
signed 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 counsel.
6.

Any disclosure or communication of the information covered by this

Protective Order, except as specifically allowed by this Protective Order for the
purposes of this litigation only, is strictly prohibited. The object of this Protective Order is
that none of the information revealed in connection with such protections be used for
any purpose other than in relation to this litigation and that no one be allowed to use any
information produced pursuant to this order in connection with any other issue, dispute,
litigation or charge against any of the parties whether currently pending or contemplated
in the future.
7.

No reproduction of information disclosed in reliance on this Protective

Order is authorized, except to the extent copies are required to prepare the case for
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trial. All copies, excerpts, or summaries made, shown, or given to those authorized
hereby and according to the provisions hereof shall be stamped to indicate the
protected and confidential nature of the disclosed information. Review of Confidential
Material by counsel, experts or consultants for the litigation will not constitute any waiver
of the confidentiality of the document or of any objections to production. The
inadvertent, unintentional or in camera disclosure of Confidential Material shall not,
under any circumstances, be deemed a waiver, in whole or in part, of any claims of
confidentiality.
8.

Counsel to the parties are required to advise, instruct and supervise all

associates, staff and employees of counsel to keep designated Confidential Material
confidential in the strictest possible fashion. Counsel and the parties also agree to such
treatment of the information by themselves, and counsel will appropriately instruct their
clients as to the protected nature of the information produced pursuant to this Order and
the limitations on its use and disclosure.
9.

Documents are designated as Confidential Material by placing or affixing

on them (in a manner that will not interfere with their legibility) the following or other
appropriate notice: “CONFIDENTIAL.”
10.

Whenever a deposition involves the disclosure of Confidential Material,

the deposition or portions thereof shall be designated as Confidential and subject to this
Protective Order. Such designation shall be made on the record during the deposition,
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
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within thirty (30) days after notice by the court reporter of the completion of the
transcript. The cover page and those portions of the original transcripts that contain
confidential

material

shall

bear

the

legend

“CONFIDENTIAL—SUBJECT

TO

PROTECTIVE ORDER.”
11.

A party may object to the designation of particular documents as

Confidential Material by giving written notice to the party designating the disputed
information. The written notice shall identify the information to which objection is made.
If the parties cannot resolve the objection within five (5) 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 five (5) additional business days
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 dispute
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
five (5) business days of the original objection, 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 any 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.
12.

At the conclusion of this case (including the expiration of time for all

appeals), unless other arrangements are agreed upon or ordered by the court, each
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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.
However, in accordance with the Model Protective Order suggested by the Pilot Project
Regarding Initial Discovery Protocols for Employment Cases Alleging Adverse Action
(“Protocols”) which have been adopted by Judge William Martinez and apply to this
matter, the parties’ counsel shall be permitted to retain their working files on the
condition that those files will remain confidential.
13.

Stamped confidential documents shall not be filed with the clerk except

when required in connection with motions under Fed. R. Civ. P. 12, 37, or 56, motions
to determine confidentiality under the terms of this Protective Order, motions related to
discovery disputes if the confidential documents are relevant to the motion and in
appendices, briefs, or pleadings relating to an appeal. A party contemplating filing
Confidential Material protected by this Protective Order to the Court must comply with
the requirements of D.C.Colo.LCiv.R. 7.2. A party seeking to file with the Court any
Confidential Material that has been designated by another party may request that the
designating party provide the information required by D.C.Colo.LCiv.R. 7.2(B) by
notifying counsel for the designating party in writing at least ten (10) business days
before the filing is to occur. If such a request is made, counsel for the party that has
designated the material as confidential shall, within five (5) business days, respond in
writing providing the information required by D.C.Colo.LCiv.R. 7.2(B). If no such timely
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request is made, the party seeking to file the Confidential Materials must in good faith
provide the information required by D.C.Colo.LCiv.R 7.2(B). If the party seeking to file
the Confidential Material made a timely request and did not receive a written response
within five (5) business days, that party may file the material after the expiration of the
ten (10) day period without complying with the requirements of D.C.Colo.L.CivR. 7.2
unless the designating party makes a motion to the Court to prevent such a filing prior to
the expiration of the ten (10) day period.
14.

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.
15.

Nothing in this Protective Order shall prevent any party or other person

from seeking modification of this Order or from objecting to discovery that the party or
other person believes to be improper. Nothing in this Protective Order shall prejudice
the right of any party to contest the alleged relevancy, admissibility, or discoverability of
confidential documents or information sought.
Dated this 16th day of April, 2013.
BY THE COURT:

__________________________
United States Magistrate Judge

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THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 12-cv-03372-WJM-KMT
CAROL PFARR,
Plaintiff,
v.
DCP MIDSTREAM, LP;
DCP MIDSTREAM, LLC;
DCP MIDSTREAM PARTNERS, LP;
DCP MIDSTREAM GP, LP;
DCP MIDSTREAM GP, LLC;
SPECTRA ENERGY CORP.; and
CONOCOPHILLIPS d/b/a PHILLIPS 66;
Defendants.

EXHIBIT A TO PROTECTIVE ORDER – CONFIDENTIALITY AGREEMENT

I,

_____________________________________,

the

undersigned

hereby

acknowledge that I have been informed that a Protective Order issued by the Court in
the above captioned civil action requires confidentiality with respect to information
designated as “CONFIDENTIAL” in this case. Therefore, I agree to keep all such
information and materials strictly and absolutely confidential, and in all other respects to
be bound by the terms of the Protective Order.
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My current address and telephone number is: ____________________
____________________
____________________
Signature

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