Calvin v. SMG Corporation
Filing
31
PROTECTIVE ORDER by Magistrate Judge Boyd N. Boland on 5/29/13. (dkals, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Case No. 13-cv-00067-CMA- BNB
CHRISTY CALVIN, individually
Plaintiff,
v.
SMG, A Pennsylvania Corporation.
Defendant.
PROTECTIVE ORDER
Pursuant to the Joint Stipulated Motion for Protective Order filed by the parties,
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 by
Fed. R. Civ. P. 34(a). A draft or non-identical copy is a separate document within the
meaning of this term.
3.
This agreement does not constitute a global waiver by any party as to
whether any confidential or privileged information is discoverable, but rather, is a
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mechanism by which confidential information that is disclosed is prevented from being
used for any purpose outside this litigation by any party.
4.
One who provides, serves, discloses or files any nonpublic documents or
information in connection with this civil action, and who in good faith believes such
documents or information contains nonpublic personal, personnel, employment, private,
medical, or other information implicating privacy interests, proprietary interests or safety
and security concerns of either the Plaintiffs and/or Defendants, may designate such
documents or information as “Confidential.” The documents or information so
designated shall be deemed “Confidential Material” subject to this Protective Order.
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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 SMG, a Pennsylvania
Corporation;
(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)
Exhibit A;
deponents, witnesses, or potential witnesses who execute the attached
(h)
and other persons by written agreement of the parties who execute the
attached Exhibit A.
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No Confidential Material shall be disclosed to anyone other than the
named parties in this litigation or their counsel until said person first signs an agreement
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 listed in paragraph
4 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 have such person execute a copy of Exhibit A acknowledging that he or she
has read this Protective Order and agreed 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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Any request to restrict access must comply with the requirements of
D.C.Colo.L.CivR 7.2. Requirement. The parties agree that a stipulated protective
order or a confidentiality agreement executed by the parties, standing alone, will not
suffice for sealing a paper or closing a court proceeding to the public, will not substitute
for the showing required under D.C.Colo.L.CivR 7.2(C), and will not be binding on the
court. Any document that a party asserts should not be part of the public record pursuant
to a protective order or a confidentiality agreement shall be filed as a sealed document.
The document shall be sealed for 14 days. If no motion to seal is filed within 14 days,
the document shall be automatically unsealed.
Any motion to seal or restrict public access shall address, at a minimum:
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1) The nature of the material or the proceeding at issue;
2) The private interest that, when weighted against the qualified right or
presumption of public access to court files and proceedings, warrants the
relief sought;
3) The clearly defined and serious injury that would result if the relief sought is
not granted; and
4) Why a less restrictive alternative to the relief sought is not practicable or
would not adequately protect the interest in question (e.q. redaction,
summarization, limited sealing of exhibits or portions of exhibits).
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This Protective Order shall not prohibit or restrain any party from
performing the tasks necessary to prepare for trial; however, any redisclosure 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.
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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 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
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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.
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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.
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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.”
12.
Responses to discovery requests are designated as CONFIDENTIAL by
imprinting the word “CONFIDENTIAL” next to or above the response.
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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
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. The cover page, those portions of the original transcripts
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that contain confidential material shall bear the legend “CONFIDENTIAL—SUBJECT
TO PROTECTIVE ORDER,” and shall be bound separately from the non-confidential
portions of the transcript. Any deposition exhibits designated confidential shall also be
bound separately.
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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 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
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.
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The termination of this action shall not relieve counsel or other persons
obligated hereunder from their responsibility to maintain the confidentiality of
CONFIDENTIAL Information pursuant to this Protective Order.
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Three years after the conclusion of this case, unless other arrangements
are agreed upon, each document and all copies thereof designated as Confidential shall be
returned to the party that designated the material as Confidential, or the parties may elect
to destroy confidential documents. All documents designated as Confidential shall be
maintained as Confidential during the three year period following the conclusion of the
case.
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Stamped confidential documents shall not be filed with the clerk except
when required in connection with motions under Federal Rules of Civil Procedure 12 or
56, motions to determine confidentiality under the terms of this Protective Order, and
motions related to discovery disputes if the confidential documents are relevant to the
motion. 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 with
respect to any submissions of Confidential Materials designated pursuant to this
Protective Order. All Confidential Materials so filed with the Court shall be maintained
by the Clerk of the Court under seal and shall be released only upon further Order of the
Court.
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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.
19
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.
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Dated May 29, 2013.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Case No. 13-cv-00067-CMA- BNB
CHRISTY CALVIN, individually
Plaintiff,
v.
SMG, A Pennsylvania Corporation.
Defendant.
EXHIBIT A TO PROTECTIVE ORDER – CONFIDENTIALITY AGREEMENT
I, _____________________________________(please print), the undersigned,
being duly sworn, hereby acknowledge that I have read the Protective Order issued by
the Court in the above captioned civil action and I understand the terms and conditions of
such Protective Order governing the restricted use of information and materials obtained
from the Parties and provided to me for the sole purposes of the above captioned action,
and hereby 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.
My current address and telephone number is:
________________________________
Signature
STATE of
COUNTY of
9
)
)ss.
)
The foregoing Confidentiality Agreement was sworn and acknowledged to before
me by _________________________ on this ______ day of _____________________,
201_____.
Witness my hand and official seal.
[S E A L]
Notary Public
My commission expires:_________________________
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