Animal Care Systems, Inc. v. Hydropac/Lab Products, Inc.

Filing 38

PROTECTIVE ORDER Governing the Production and Exchange of Information, Documents, and Things. By Magistrate Judge Boyd N. Boland on 10/15/2013. (klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:13-cv-00143-MSK-BNB
ANIMAL CARE SYSTEMS, INC.,
Plaintiff,
v.
HYDROPAC/LAB PRODUCTS, INC.,
Defendant.
Civil Action No. 1:13-cv-00415-MSK-BNB
HYDROPAC/LAB PRODUCTS, INC.,
Plaintiff,
v.
ANIMAL CARE SYSTEMS, INC.,
Defendant.

[PROPOSED] STIPULATED PROTECTIVE ORDER GOVERNING THE
PRODUCTION AND EXCHANGE OF INFORMATION, DOCUMENTS, AND THINGS

WHEREAS pretrial discovery in this action will necessarily involve the disclosure of trade
secrets or confidential information, research, development, product or commercial or business
information by the undersigned parties and by other non-parties from whom discovery may be
sought; and
WHEREAS the undersigned parties wish to establish rules and procedures governing the
treatment of such information, and accordingly have conferred in good faith with respect to the
terms of this Stipulated Protective Order pursuant to Fed. R. Civ. P. 26(c);

IT IS HEREBY STIPULATED AND AGREED BY AND AMONG THE UNDERSIGNED
PARTIES AND ORDERED THAT:
This Stipulated Protective Order and any amendments or modifications hereto shall govern
any document, information, or other thing furnished by any party to any other party, including any
non-parties who receive a subpoena in connection with this action or who otherwise respond to
discovery requests made in this action. Unless the parties agree in writing or as ordered by the
Court, all proceedings involving or relating to protected information shall be subject to the
provisions of this Stipulated Protective Order as follows:
1.

“Confidential” Information

A party or a third party (“party”) may designate as “Confidential” those materials,
documents, or information, whether in written, oral, electronic, graphic, audiovisual, or any other
form, that are not publicly available and that the designating party in good faith believes contain
information that is (a) confidential, sensitive, competitive, or potentially invasive of an individual’s
privacy interests, (b) not generally known, and (c) not normally revealed to the public or third parties
or, if disclosed to third parties, is such that the designating party would require such third parties to
maintain the information in confidence.

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2.

“Outside Attorneys’ Eyes Only” Information

A party may designate as “Outside Attorneys’ Eyes Only” only such Confidential materials,
documents, or information as contain (a) highly sensitive information relating to research for or
production of products, including internal product specifications, (b) highly sensitive business or
research information, (c) highly sensitive financial information or marketing plans and forecasts,
customer lists, pricing data, cost or profit data, customer orders, or customer quotations, (d) pending
or abandoned patent, trademark and copyright applications, foreign or domestic, unless published
or otherwise publicly available, or (e) such other documents, information, or materials that relate
to proprietary information that the producing party reasonably believes is of such nature and
character that the unauthorized disclosure of such information could irreparably injure the producing
party.
3.

Effect of Designation

The designation of information as Confidential or Outside Attorneys’ Eyes Only shall
constitute a representation that an attorney believes that there is a valid basis for such designation.
However, the designation or failure to designate information as Confidential or Outside Attorneys’
Eyes Only may not be used against the producing party as an admission or concession that the
designated information is or is not, in fact, confidential, proprietary, a trade secret, or otherwise
sensitive. Any document produced prior to entry of this Stipulated Protective Order may be
retroactively designated as Confidential or Outside Attorneys’ Eyes Only upon written notice by the
disclosing party within thirty (30) days of entry of the Stipulated Protective Order.

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4.

Scope of Order
a.

Information to be covered by this Stipulated Protective Order shall include

Confidential or Outside Attorneys’ Eyes Only information, as defined above, that is set forth,
revealed, or provided: (a) in response to discovery requests; (b) in any documents, things, or
premises made available for inspection or produced to the discovering party or in response to a
subpoena (including information observed or learned inadvertently during an inspection at the
premises of a producing party); (c) during depositions upon oral or written examination; (d) in
connection with any other discovery taken in this action, whether pursuant to the Rules of this Court,
informally, or by agreement; (e) in any oral communications or written correspondence (including
attachments and enclosures) to the receiving party; (f) in submissions to or before the Court,
including testimony, briefs, oral argument, exhibits, and declarations; (g) in response to any Order
of the Court; (h) in any settlement discussions between the parties; and (i) any copies, excerpts,
abstracts, analyses, summaries, descriptions, or other forms of recorded information containing,
reflecting, or disclosing any of the foregoing in connection with this action.
b.

Information to be covered by this Stipulated Protective Order also shall

include privileged information, where applicable, as discussed below.
5.

Disclosure and Use of Confidential Information

Subject to Paragraph 18, information designated Confidential Information shall be disclosed
only to the following persons:
a.

Outside Counsel: Outside counsel of record in this action retained by either
party, together with other attorneys employed by those law firms that assist
outside counsel of record in this litigation matter, and those attorneys’
stenographic, clerical, paralegal, and patent agent employees, provided,
however, that such employees may have access to material designated
Confidential only to the extent reasonably necessary to perform their duties;

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b.

In-House Employees: Two in-house employees of Hydropac/Lab Products,
Inc. and Animal Care, Inc. identified below and only for purposes of
maintaining, defending, or evaluating this litigation, or otherwise assisting
counsel;
Lab Products In-House Employee 1
Lab Products In-House Employee 2
Animal Care In-House Employee 1
Animal Care In-House Employee 2

c.

Neil Campbell
John Soper
Steve Tierney
Robert Tierney

Independent Outside Experts or Consultants: Any expert or consultant
retained by outside counsel to assist in this action, provided that disclosure
is only to the extent reasonably necessary to perform such work; and
provided that: (a) such person has signed the acknowledgement form
annexed hereto as Exhibit A, agreeing to be bound by the terms of this
Stipulated Protective Order, and (b) no unresolved objections to such
disclosure exist after proper notice has been given to all parties as set forth
in paragraph 9 below;

d.

Litigation Vendors: Outside photocopy, imaging, database, graphics,
translation, and design servicers retained by the outside counsel set forth
above in 5(a), to the extent reasonably necessary to assist such outside
counsel in this litigation;

e.

Court Reporters: Stenographic and videotape court reporters engaged in
proceedings incident to preparation for deposition or trial;

f.

Court Personnel: Officers of this Court (including the jury) and their
supporting personnel, or officers of any appellate court to which any appeal
may be taken or in which review is sought and their supporting personnel;
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and
g.

Drafters or Recipients: Any person having written or previously received
such document during the course of his or her employment by or consultancy
with outside counsel, but disclosure shall be limited only to the specific
document(s) which the person in question wrote or received.

6.

Disclosure or Use of Outside Attorneys’ Eyes Only Information
a.

Subject to Paragraph 18, Outside Attorneys’ Eyes Only information shall be

disclosed to only those persons listed in paragraphs 5(a) and 5(c)-(g).
7.

Use during Examination or Cross-Examination

Nothing herein shall limit a party’s ability to use information designated as Confidential or
Outside Attorneys’ Eyes Only to examine or cross-examine deposition or trial witnesses (a) who are
present during the examination/cross-examination of other deposition or trial witnesses who wrote
or received the information (and not excluded from such examination/cross-examination at the time
the information designated as Confidential or Outside Attorneys’ Eyes Only is presented), (b) who
are current officers, employees, experts, or attorneys of a party from which the Confidential or
Outside Attorneys’ Eyes Only information originated or was received, (c) is identified as an author
or proper recipient of the Confidential or Outside Attorneys’ Eyes Only information, and/or (d)
whom the party from which the Confidential or Outside Attorneys’ Eyes Only information
originated or was received has designated to speak or testify on its behalf, if the Confidential or
Outside Attorneys’ Eyes Only information at issue is relevant to the subjects on which the designee
is to testify.

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8.

Handling of Confidential or Outside Attorneys’ Eyes Only

Any person in possession of Confidential or Outside Attorneys’ Eyes Only materials shall
exercise reasonable and appropriate care with regard to the storage, custody, or use of such materials
to ensure that their confidential nature is maintained. Such information shall only be used for the
litigation of this action, and any appeal thereof, unless otherwise agreed by the parties in writing or
ordered by a court of competent jurisdiction.

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9.

Undertaking
a.

If either party desires to disclose Confidential or Outside Attorneys’ Eyes

Only information to an independent outside expert or consultant under paragraph
5(c), it shall first have such person sign an undertaking in the form attached as
Exhibit A, a copy of which shall be provided to all parties prior to any disclosure of
Confidential information or Outside Attorneys’ Eyes Only information, as the case
may be, to such person. Counsel shall be responsible for the adherence by such third
parties to the terms and conditions of this Stipulated Protective Order. In addition
to the foregoing, if either party wishes to disclose Confidential or Outside Attorneys’
Eyes Only information to any independent outside expert or consultant under
paragraph 5(c), such party shall first give written notice to the party whose
information it desires to disclose, who shall have five (5) business days after such
notice is received to object in writing. Any objection under this paragraph shall be
made in good faith and on reasonable grounds and shall take the form of a detailed
writing sufficient to apprise the party proposing disclosure of information of the
specific bases for objection. Failure to object within five (5) business days of
receiving a written notice pursuant to this paragraph shall be deemed approval, and
such person shall thereafter be authorized to have access to the objecting party’s
Confidential and/or Outside Attorneys’ Eyes Only information pursuant to the terms
and conditions of this Stipulated Protective Order.
b.

The written notice shall contain the following information about the proposed

expert or consultant under paragraph 5(c):
i.

business address;

ii.

business title;

iii.

business or profession;

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iv.

any and all current professional relationship(s) with any of the
parties, any known competitors of the party whose material is
proposed to be disclosed, or any of their related entities; and

v.

a curriculum vitae that includes the proposed expert’s or consultant’s
area of expertise, full employment and consulting history,
publications, and each case and instance in which such proposed
expert or consultant provided any prior testimony or is currently
providing any testimony in accordance with Fed. R. Civ. P. 26(a)(2).

c.

Should the parties be unable to resolve the objection, the party proposing

disclosure of information shall raise this matter with the Court and request an Order permitting such
individual’s access to the objecting party’s Confidential and/or Outside Attorneys’ Eyes Only
information.
d.

The party proposing disclosure of information shall not disclose any

Confidential or Outside Attorneys’ Eyes Only information of the objecting party to the proposed
expert or consultant during the period for objection, nor during the pendency of any request made
to the Court. No party shall use its right to object to a proposed designee to interfere with the ability
of the other party to reasonably prepare for trial, and consent to the disclosure of information shall
not unreasonably be withheld.
e.

The administrative and clerical staff of an independent outside consultant or

expert under paragraph 5(c) shall be deemed to have signed the undertaking in the form of Exhibit
A when the independent outside expert or consultant supervising such individuals has executed the
undertaking.
f.

No independent outside consultant or expert under paragraph 5(c) shall be

subject to discovery beyond the scope of the Federal Rules of Civil Procedure (see, e.g., Rule
26(b)(4)(C)). In this regard, Rule 26(b)(4)(C) shall, without limitation, exempt from discovery draft

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expert report(s), as well as any and all draft reports, notes, outlines, and any other writings leading
up to any report made pursuant to Rule 26(a)(2) in this case. Furthermore, no conversations or
communications between counsel and any independent outside consultant or expert under paragraph
5(c) will be subject to discovery. Materials, communications, and other information exempt from
discovery under this Paragraph shall be treated as attorney-work product for the purposes of this
litigation and this Stipulated Protective Order.
10.

Marking of Confidential or Outside Attorneys’ Eyes Only

Confidential or Outside Attorneys’ Eyes Only materials shall be marked “Confidential” or
“Outside Attorneys’ Eyes Only,” or with some similar language, on each page of each document so
designated, whether document is paper or electronic images of pages. In the case of Confidential
or Outside Attorneys’ Eyes Only materials that are not paper documents or electronic images of
pages, such material shall be placed in a container marked “Confidential” or “Outside Attorneys’
Eyes Only,” or at the time such materials are produced written notice shall be provided to the
receiving party in a manner reasonably calculated to notify parties that the material produced is
“Confidential” and “Outside Attorneys’ Eyes Only.”
11.

Filing Restricted Documents

Any request to restrict access must comply with the requirements of
D.C.COLO.LCivR 7.2. In the event that a receiving party intends to file any documents with
the Court that constitute or contain Confidential or Outside Attorneys’ Eyes Only information,
the receiving party shall, consistent with D.C.COLO.LCivR 7.2, seek the Court's leave to file
such documents and/or Confidential or Outside Attorneys’ Eyes Only information as a restricted
document. Each such document filed as a restricted document shall be accompanied by the
required Motion to Restrict Access, pursuant to D.C.COLO.LCivR 7.2(B) or a Motion to
Restrict Access shall be filed within the time frame provided in D.C.COLO.LCivR 7.2(D).

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12.

Deposition, Trial, or Other Testimony
a.

If information to be treated in confidence is contained in deposition, trial,

or other testimony, the transcript may be designated as containing Confidential or Outside
Attorneys’ Eyes Only information by so notifying the other parties on the record, at the time of
the testimony, or by notifying the other parties in writing, within seven (7) calendar days of
receipt of the Court Reporter’s official transmittal of the completed transcript for review, of the
specific pages and lines of the transcript which contain such Confidential or Outside Attorneys’
Eyes Only information. Such written notification shall specify the designation, whether
Confidential or Outside Attorneys’ Eyes Only, by page and line number. All depositions,
regardless of whether a designation of confidentiality was made on the record, shall be treated as
containing Outside Attorneys’ Eyes Only information until seven (7) calendar days after receipt
of the Court Reporter’s official transmittal of the completed deposition transcript for review,
unless expressly waived. After such seven (7) day period has expired and in the absence of any
written notice concerning the specific portions of the transcript that the producing party believes
contain Confidential or Outside Attorneys’ Eyes Only information, the transcript of testimony
shall be treated as designated on the record at the time of testimony, or if no designations were
made, then the transcript of testimony shall be treated as a public document. Unless otherwise
agreed to by the parties in writing or on the record, no individual not authorized hereunder to
receive Confidential or Outside Attorneys’ Eyes Only information shall be in attendance at that
portion of a deposition during which Confidential or Outside Attorneys’ Eyes Only information
is being testified to or produced by another party.
b.

The disclosing party shall have the right to exclude from attendance at any

deposition, during such time as Confidential or Outside Attorneys’ Eyes Only information is to
be disclosed, any person other than the deponent, Counsel, court reporter, videographer (if any),
and other individuals authorized to receive such information as provided by paragraphs 5, 6 and

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7 above, whereby the failure of unauthorized persons to comply with such a request to be
excluded shall constitute substantial justification for Counsel to advise the witness that he or she
need not answer a question seeking the revelation of Confidential or Outside Attorneys’ Eyes
Only information. No persons shall be excluded from attendance at said deposition from those
portions during which information is disclosed to which such persons are authorized to receive
under this Stipulated Protective Order.
13.

Disclosure During Trial or Hearings in Open Court

Issues concerning the disclosure of Confidential or Outside Attorneys’ Eyes Only
information during trial or any hearing in open Court shall determined by the judge
presiding over the proceeding. Should need arise during the trial or any hearing in open Court
for either party to cause Confidential or Outside Attorneys’ Eyes Only information to be
disclosed, such disclosure may only be made after the designating party has had the opportunity
to request in camera review or other safeguards from the Court.
14.

Inadvertent or Unintentional Disclosure of Confidential or Outside
Attorneys’ Eyes Only Information by Producing Party

The inadvertent or unintentional disclosure by the producing party of Confidential or
Outside Attorneys’ Eyes Only information, by way of document production, deposition
testimony, or any other method of production regardless of whether the information was so
designated at the time of disclosure, shall not be deemed a waiver in whole or in part of a claim
of confidentiality, either as to the specific information disclosed or as to any other information
relating thereto on the same or related subject matter so long as such inadvertent or unintentional
disclosure was not the result of recklessness or gross negligence on the part of the disclosing
party. Any such inadvertently or unintentionally disclosed Confidential or Outside Attorneys’
Eyes Only information not designated as such pursuant to paragraph 10 shall be so designated,
by giving written notice to all parties, as soon as reasonably possible after the producing party

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becomes aware of the inadvertent or unintentional disclosure. Within ten (10) calendar days of
such notice and receipt of substitute copies having the appropriate confidentiality legend, the
receiving party shall return said documents and things and not retain copies thereof, destroy said
documents and things, or raise this matter with the Court and request an Order permitting the
receiving party to retain the originally disclosed information. Unless the receiving party is
opposing the return or destruction of such information, the receiving party also shall use good
faith efforts to arrange for the return or destruction of said documents and things from parties
and individuals to whom it may have distributed the documents or things but who were not
authorized to receive Confidential or Outside Attorneys’ Eyes Only documents under this
protective order. If the receiving party opposes the return or destruction of such information, it
shall, after receiving notice from the producing party, nonetheless use good faith efforts to avoid
any further distribution of such information to unauthorized parties or individuals, pending
resolution of the issue by the Court. The receiving party’s disclosures, prior to the receipt of
notice from the producing party of a new designation, of Confidential or Outside Attorneys’
Eyes Only to unauthorized parties or individuals shall not be deemed a violation of this
protective order. If the receiving party is unable to arrange for the return or destruction of such
documents and things from such unauthorized parties or individuals, the receiving party shall
notify the producing party of that fact, along with the identity of such unauthorized parties or
individuals and the efforts made to secure the return or destruction of such documents and
things, as soon as reasonably possible but no later than within ten calendar (10) days of notice
from the producing party. Upon the redesignation of information under this paragraph, upon
agreement of the parties, or by Court order, said information shall be treated nunc pro tunc as
Confidential or Outside Attorneys’ Eyes Only, as designated by the producing party.

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15.

Inadvertent or Unintentional Disclosure of Confidential Outside Attorneys’
Eyes Only Information by Receiving Party

Should any information already designated Confidential or Outside Attorneys’ Eyes Only
be disclosed inadvertently or unintentionally by the receiving party to any person not authorized
under this Stipulated Protective Order, the receiving party shall use reasonable efforts to bind
such person to the terms of this Stipulated Protective Order by: (a) promptly informing such
person of all the provisions of this Stipulated Protective Order; (b) immediately identifying such
person and the confidential information disclosed to the party that designated the document as
containing Confidential or Outside Attorneys’ Eyes Only information; (c) requesting such person
to sign an Undertaking in the form attached as Exhibit A; and (d) retrieving all copies of
documents containing the inadvertently disclosed information. The executed Undertaking shall
be provided promptly to the party that designated the document or information as Confidential or
Outside Attorneys’ Eyes Only.
16.

Inadvertent or Unintentional Disclosure of Privileged Information
a.

Pursuant to Federal Rule 26(b)(5), the inadvertent production by a party of

a document subject to the attorney-client privilege, work-product protection, or any other
applicable privilege or protection, despite that party’s reasonable efforts to prescreen such
documents prior to production, will not waive the applicable privilege and/or protection if a
request for return of such inadvertently produced documents is made promptly after the
producing party learns of its inadvertent production.
b.

Upon a request from any producing party who has inadvertently produced

a document that it believes is privileged and/or protected, each receiving party shall immediately
return such documents and all copies to the producing party.

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c.

Nothing herein is intended to alter any attorney’s obligation to abide by

any applicable rules of professional responsibility relating to the inadvertent disclosure of
privileged information.

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17.

Challenges to Designation
A party shall not be obligated to challenge the propriety of a confidentiality

designation at the time made, and a failure to do so shall not preclude a subsequent challenge
thereto. A party may object to the designation of particular Confidential or Outside
Attorneys’ Eyes Only 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 or Outside Attorneys’ Eyes Only information 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 or Outside Attorneys’ Eyes Only
information 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 or Outside Attorneys’ Eyes Only
information and shall not thereafter be treated as Confidential or Outside Attorneys’ Eyes
Only information in accordance with this Protective Order. In connection with a motion
filed under this provision, the party designating the information as Confidential or Outside
Attorneys’ Eyes Only information shall bear the burden of establishing that good cause
exists for the disputed information to be treated as Confidential or Outside Attorneys’ Eyes
Only information.
Either party may apply to the Court for an order that information labeled
Confidential or Outside Attorneys’ Eyes Only is not, in fact, Confidential or Outside Attorneys’
Eyes Only, as the case may be. Prior to so applying, the party seeking to reclassify Confidential
or Outside Attorneys’ Eyes Only information shall seek the producing party’s agreement. If the

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parties cannot agree on the appropriate classification of the information in question, the party
seeking reclassification may request the Court for such reclassification. In any request, the
producing party shall ultimately have the burden of establishing the need for classification as
Confidential or Outside Attorneys’ Eyes Only.
18.

Third Party Subpoenas or Demands

If a receiving party (a) is subpoenaed in another action, (b) is served with a demand in
another action to which it is a party, or (c) is served with any other legal process by one not a
party to this action, seeking information which was produced or designated as Confidential or
Outside Attorneys’ Eyes Only by someone other than the receiving party, the receiving party
shall send a copy of such subpoena, demand, or legal process, by hand and email, within five (5)
business days of receipt of such subpoena, demand or legal process, to the party or parties who
produced and designated the material Confidential or Outside Attorneys’ Eyes Only and shall
reasonably cooperate with the producing party or parties in preparing timely objections to its
production and in seeking a protective order. Should the person seeking access to the
Confidential or Outside Attorneys’ Eyes Only information take action against the receiving party
or anyone also covered by this Stipulated Protective Order to enforce such a subpoena, demand
or other legal process, the receiving party shall respond by setting forth the existence of this
Stipulated Protective Order. Nothing herein shall be construed as requiring the receiving party
or anyone else covered by this Stipulated Protective Order to challenge or appeal any court order
requiring production of Confidential or Outside Attorneys’ Eyes Only information covered by
this Stipulated Protective Order, or to subject itself to any penalties for noncompliance with any
legal process or order, or to seek any relief from this Court, provided the receiving party take all
reasonable steps to obtain a protective order and to otherwise limit production or disclosure of
any Confidential or Outside Attorneys’ Eyes Only information.

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19.

Use of Independently-Obtained, Unrestricted, Public, or Produced
Information

Except with respect to any documents, information, or materials previously produced by
the parties in any other proceeding in which they are adverse parties, this Stipulated Protective
Order shall not impose any restrictions on the use or disclosure by a party of information or
material properly obtained by such party independently of discovery in the above-captioned
action, whether or not such material is also obtained through discovery in this action, or from
disclosing its own Confidential or Outside Attorneys’ Eyes Only information as it deems
appropriate. Further, this Stipulated Protective Order shall not apply to information which (a)
was properly known to the receiving party before disclosure hereunder, (b) is or becomes part of
the public domain through no fault or breach of the provisions of this Stipulated Protective Order
by the receiving party, (c) is independently developed by the receiving party without use of the
Confidential or Outside Attorneys’ Eyes Only information disclosed hereunder or was in the
lawful and rightful possession of the receiving party prior to the time of disclosure, or (d) is
lawfully received by the receiving party from a third party without restriction as to disclosure,
provided such third party has the right to make the disclosure to the receiving party.
20.

Return or Destruction Upon Termination of Action

a.

Upon termination of this action, all copies of produced documents containing

Confidential or Outside Attorneys’ Eyes Only information shall be returned to the producing
party or destroyed, except that outside counsel may retain archival copies of all attorney work
product, correspondence, deposition transcripts and exhibits, papers filed with the Court and
exhibits, and discovery responses, but not document production, exchanged by the parties. All
parties shall certify compliance with this paragraph in writing within ninety (90) days of
termination of this action.

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21.

Injunctive Relief.

In the event anyone shall violate or threaten to violate the terms of this Stipulated
Protective Order, the parties agree that the aggrieved party may immediately apply to obtain
Rule 37 sanctions, including without limitation injunctive relief against any such person. The
parties and any other person subject to the terms of this Stipulated Protective Order agree that
this Court shall retain jurisdiction over them for the purpose of enforcing this Stipulated
Protective Order, notwithstanding any subsequent disposition of this action.
22.

Survival of Litigation.

This Stipulated Protective Order shall survive the termination of this litigation. The
Court shall retain jurisdiction, even after termination of this lawsuit, to enforce this Stipulated
Protective Order and to make such amendments and modifications to this Stipulated Protective
Order as may be appropriate.
23.

Modifications to Protective Order.

Any party may, on motion or other request to the Court and for good cause shown, seek a
modification of this Stipulated Protective Order, and, by its agreement to this Stipulated
Protective Order, no party shall be deemed to have waived the right to modifications later sought
by such party. No modification in this Stipulated Protective Order that adversely affects the
protection of any document produced or given by a nonparty to this action shall be made without
giving to that nonparty to this action appropriate notice and opportunity to be heard by the Court.
Nothing in this Stipulated Protective Order shall limit the parties’ ability to stipulate to the
receipt of Confidential or Outside Attorneys’ Eyes Only information by a particular individual,
to the manner in which an individual may receive such information, whether or not such
individuals are listed under paragraphs 5(a) - 5(g), or to modifications to deadlines required by
this Stipulated Protective Order.

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Dated October 15, 2013.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

APPROVED FOR ENTRY:
By signing this Stipulated Protective Order, all counsel of record hereto warrant that they
are authorized by their respective clients to sign on behalf of and to bind at client to the terms hereof.
Dated this 8th day of October, 2013.

s/ Craig R. Smith
Jane Michaels
HOLLAND & HART LLP
555 17th Street, Suite 3200
Denver, CO 80202
Telephone: [phone]
Facsimile: 303-295-8261
Email: [e-mail]

s/ Todd P. Blakely
Todd P. Blakely
George T. Scott
SHERIDAN ROSS P.C.
1560 Broadway, Suite 1200
Denver, CO 80202-5141
Telephone: [phone]
Facsimile: 303-863-0223
E-mail: [e-mail]
[e-mail]
[e-mail]

Craig R. Smith
Lando & Anastasi, LLP
Riverfront Office Park
One Main Street, 11th Floor
Cambridge, MA 02142
Telephone: [phone]
Email: [e-mail]

Steven B. Pokotilow
Vivian Luo
Stroock & Stroock & Lavan LLP
180 Maiden Lane
New York, NY 10038
Telephone: [phone]
Facsimile: 212-806-7663
E-mail:
[e-mail]
[e-mail]

ATTORNEYS FOR ANIMAL CARE SYSTEMS,
INC.

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ATTORNEYS FOR
HYDROPAC/LAB PRODUCTS, INC.

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Attachment A
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:13-cv-00143-MSK-BNB
ANIMAL CARE SYSTEMS, INC.,
Plaintiff,
v.
HYDROPAC/LAB PRODUCTS, INC.,
Defendant.
Civil Action No. 1:13-cv-00415-MSK-BNB
HYDROPAC/LAB PRODUCTS, INC.,
Plaintiff,
v.
ANIMAL CARE SYSTEMS, INC.,
Defendant.

AGREEMENT TO BE BOUND BY PROTECTIVE ORDER
I hereby affirm that:
1.

Information, including documents and things, designated as CONFIDENTIAL or HIGHLY

CONFIDENTIAL (collectively “Protected Information”) as defined in the Stipulated Protective
Order entered in the above-captioned action (“Protective Order”), is being provided to me pursuant
to the terms and restrictions of the Protective Order.

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2.

I have been given a copy of and have read the Protective Order.

3.

I am familiar with the terms of the Protective Order, and I agree to comply with and to be

bound by such terms.
4.

I submit to the jurisdiction of this Court for enforcement of the Protective Order.

5.

I agree not to use any Protected Information disclosed to me pursuant to the Protective

Order except for purposes of the above-captioned litigation, and not to disclose any such
information to persons other than those specifically authorized by said Protective Order without
the express written consent of the party who designated such information as CONFIDENTIAL
and/or HIGHLY CONFIDENTIAL or by order of the Court. I also agree to notify any
stenographic, clerical, or technical personnel who are required to assist me of the terms of this
Protective Order and of its binding effect on them and me.
6.

I understand that I am to retain all documents and/or materials designated as or

containing Protected Information in a secure manner, and that all such documents and materials
are to remain in my personal custody until the completion of my assigned duties in this matter,
whereupon all such documents and materials, including all copies thereof, and any writings
prepared by me containing any Protected Information are to be returned to the person who
provided me with such documents and materials.

Dated:

Signature:

Company
Name:

Name:

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Address:

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