Ruby v. Beecher Carlson Holdings, Inc.
Filing
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STIPULATED PROTECTIVE ORDER by Magistrate Judge Craig B. Shaffer on 7/18/13. (cbssec)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-00284-MSK-CBS
ANTHONY RUBY,
Plaintiff,
v.
BEECHER CARLSON HOLDINGS, INC.,
and
ONPOINT UNDERWRITING, INC.,
Defendants.
STIPULATED PROTECTIVE ORDER
The parties, by and through their respective counsel, stipulate to the entry of this
Protective Order concerning confidential information, as follows:
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 and designated as
"CONFIDENTIAL" pursuant to the terms of this Protective Order.
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.
"CONFIDENTIAL" information covered under the terms of this protective order shall
include documents, materials and/or information produced either by Anthony Ruby ("Plaintiff),
or by Beecher Carlson Holdings, Inc. or OnPoint Underwriting, Inc. ("Defendants"), when
designated as "CONFIDENTIAL" as provided herein, (a) concerning current or former
employees of either Defendant (including Plaintiff), including personnel or personnel-related
documents or internal memoranda; (b) concerning business or financial documents, information,
research, development or commercial information, which Defendants contend is proprietary,
confidential or a trade secret; (c) concerning personal information or health information relating
to any employee of either Defendant and (d) obtained through releases produced by Plaintiff,
concerning individual medical, personal identification, financial and/or tax records, when
designated
as
"CONFIDENTIAL."
As
a
condition
of
designating
documents
"CONFIDENTIAL," the documents must be reviewed by a lawyer of the designating party 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)(7).
4.
CONFIDENTIAL information shall not be disclosed or used for any purpose except the
preparation and trial of this case.
5.
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 working on this case;
(b) persons regularly employed or associated with the attorneys 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 and designated representatives for Defendants;
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(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) deponents, witnesses, or potential witnesses; and
(h) other persons by written agreement of the parties.
6.
Documents are designated as CONFIDENTIAL by placing or affixing on them (in a
manner that
will
not
interfere
with
their
legibility)
or
otherwise
designating as
CONFIDENTIAL in clear and inconspicuous manner the following or other appropriate notice:
"CONFIDENTIAL."
7.
All depositions shall be treated as CONFIDENTIAL until expiration of thirty (30) days
after the deposition. 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
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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 within thirty (30) days of the aforementioned notice. 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.
9.
As with all court filings, the parties shall comply with D.C.COLO.LCivR 7.2 as to any
information to be submitted under seal based on this Protective Order.
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.
DONE AND ORDERED this 18th day of July, 2013.
_s/ Craig B. Shaffer
__________
United States Magistrate Judge
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