Chawla v. Lockheed Martin Corporation

Filing 20

PROTECTIVE ORDER by Magistrate Judge Kristen L. Mix on 06/10/2013. (klmcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No:

I

:

l3-cv-00333-PAB-KLM

MUNEEB CHAWLA, an individual,
Plaintiff,

LOCKHEED MARTIN CORPORATION, a Maryland corporation,
Defendant.

PROTECTIVE ORDER

This matter comes before the Court on the parties' Stipulated Motion for Entry of
Protective Order. The Court has reviewed that

Motion. The Motion is meritorious

and

acceptable. Therefore, IT IS ORDERED:

l.

This protective Order shall apply to all documents, materials, and information,

including without limitation, documents produced, answers
requests

to interrogatories,

responses to

the
for admission, deposition testimony, and other information disclosed pursuant to

Procedure'
disclosure or discovery duties created by the Federal Rules of Civil

Z.
Civ.

R'
As used in this Protective Order, "document" is defined as provided in Fed.

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

ts

that contains (a)
confidential and entitled to protection under Fed. R. Civ. P' 26(cXl), and

personnel information concerning current and former employees of Defendant Lockheed Martin

Corporation, to the extent that such information implicates privacy interests and is not generally

known to the public; (b) proprietary business information of the Defendant; (c) information
containing industry trade secrets; and (d) information relating to Plaintiff concerning personal
and confidential matters not generally known to the public, such as, but not limited to, income

information, medical information, personnel information, performance reviews, and information
regarding contacting prospective employers.

Documents designated as "CONFIDENTIAL" shall be first reviewed by a lawyer who

will certify that the designation

is based on a good faith belief that the information is confidential

or otherwise entitled to protection under Fed. R. Civ. P. 26(cXl). Parties and attorneys
designating documents as "Confidential"

will be representing that such documents

contain

information the disclosure of which would implicate an important interest to be protected which
outweighs the presumption of public access, and that they will be able to identify to the Court

clearly defined and serious injury that would result

if access is not restricted, as required

a

by

D.C.CoLo.LCivR 7.2(B)(2) & (3)'

4.

CONFIDENTIAL documents, materials, and/or information (collectively

,,CONFIDENTIAL information") shall be used solely for the purpose of this action, and shalt

not, without the consent of the party producing
transferred, disclosed

it or further Order of the Court,

be used,

or communicated in any way, except that such information may

be

(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 attomeys in the preparation for trial, at trial, or at
other proceedings in this case;

(c)

the parties, including designated representatives for Defendant;

(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");

(0

stenographic reporters who are engaged in proceedings necessarily incident to the

conduct ofthis action;

G)
(h)

deponents, witnesses, or potentialwitnesses; and

5.

Prior to disclosing any CONFIDENTIAL information to any person listed above

other persons by written agreement of the parties'

(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 an executed "Wrifien Assurance" in the form attached hereto as Exhibit

A' All such

written assurances 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.

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." All documents and information so designated and all copies thereof, shall
be treated as

CONFIDENTIAL and shall not be disclosed except as provided in paragraph 4 of

the Order; PROVIDED, however, that counsel for the party designating information

as

confidential may, in writing and without Court approval, agree to release any CONFIDENTIAL

information from the requirements of this Order.

7.

In the event Electronically Stored Information ("ESI") is disclosed or discovered

in the course of this litigation, including, but not limited to, ESI provided in a native format on
hard disks or other magnetic data storage disks, removable disks and/or drives, portions thereof,

or digital images of data storage disks or drives, such information may be designated as
CONFIDENTIAL in a written communication or in an electronic mail message to the nonproducing party.

8.

Any party who inadvertently fails to identify documents or information as

CONFIDENTIAL shall, promptly upon discovery of its oversight, provide written notice of the
error and substitute appropriately-designated documents. Any party receiving such improperlydesignated documents shall promptly retrieve such documents from persons not entitled to
receive those documents and, upon receipt of the substitute documents, shall retum or destroy the
improperly-desi gnated documents.

g.

Any party who inadvertently discloses documents that are privileged or protected

by the work product doctrine shall, promptly upon discovery of such inadvertent disclosure, so
advise the receiving party and request that the documents be returned. The receiving party shall

return such inadvertently produced documents, including all copies and copies the receiving
party provided to any other individual or entity, within 14 days of receiving such a written
request.

10.

Any pleadings, exhibits or filings which contain CONFIDENTIAL information,

or testimony designated as CONFIDENTIAL, shall be filed with the Court in accordance with
D.C.COLO.LCivR 7.2 and the Court's "Electronic Case Filing Procedures for the District of

Colorado." A party seeking to file with the Court any Confidential material that has been
designated by the other party may request that the designating party provide the information
required by D.C.COLO.LCivR 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 designating party shall, within five (5) business days, respond in writing providing the
information required by D.C.COLO.LCivR 7.2(B). If no such timely request is made, the party

to file the CONFIDENTIAL materials must in good faith provide the information

seeking

required by D.C.COLO.LCivR 7.2(B). Prior

to

disclosure at

trial or a hearing regarding

CONFIDENTIAL information, the parties may seek further protections against public disclosure
from the Court.
I

l.

Whenever a deposition involves the disclosure of CONFIDENTIAL information,

the portions thereof that involve the disclosure of CONFIDENTIAL information 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 counselof record within thirty (30) days
after notice by the court reporter of the completion of the transcript. Transcript pages containing

CONFIDENTIAL information must be separately bound by the court reporter, who must affix to
the top of each such page the legend "CONFIDENTIAL," as instructed by the party or non-party

offering or sponsoring the witness or presenting the testimony.

12.

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 ten (10) business days after the time the notice is received,

it

shall be the

obligation of the party designating the information as CONFIDENTIAL toffiappropriate
,{$r* h t^T /vt;rrt d).rr,.r'.^1 paeVa
motionfri:questing that the Court determine h/hether the disputed information should be subject
to

of this Protective Order. If such a motion is timely

th.?ms

ffi"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

,i#"na

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

?r{g

motion

ftldf

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.

13.

At the conclusion of this

document and

case, unless other arrangements are agreed upon, each

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; provided, however, that counsel for each Party may retain one
copy of the CONFIDENTIAL documents for the sole purpose of maintaining a complete file,
and all such retained documents

permission

will not be released,

disclosed, or utilized except upon express

of this Court after written notice to counsel for the Party that

produced the

documents. Where the parties agree to destroy CONFIDENTIAL documents, the destroying
party shall provide all parties with an affidavit confirming the destruction.

14.

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, admissibilit|, or discoverability

of confidential

documents or

information sought.

15.

The confidentiality provisions

of this

Order shall survive any settlement,

judgment or other disposition or conclusion of this action, and all appeals therefron; ffd+hie
"aer'

16. The designation

of any document as CONFIDENTIAL shatl not affect its

admissibility as evidence in this case.

17.

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.

ORDERED

this

/F

day of June,2013.

BY THE COURT:

KNSTENL. MD(
U.S. ftf,tCtSTRAfE ruDGB

onrrucroF coIoRADo

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No:

I : I 3-cv-00333-PAB-KLM

MLTNEEB CHAWLA, an individual.

Plaintiff,
V.

LOCKHEED MARTIN CORPORATION, a Maryland corporation,
Defendant.

EXHIBIT A TO PROTECTIVE ORDER

- CONFIDENTIALITY

AGREEMENT

the undersigned, hereby

I reside at

in

County of

the

declare

City
State

of
of

My telephone number is

I 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" and therefore I agree to keep all such information and materials strictly and
absolutely confidential, and in all other respects be bound by the provisions of the Protective
Order.
As soon as practical, but no later than 30 days after final termination of this action, I shall
return to the attorney from whom I have received them, any documents in my possession
designated "CONFIDENTIAL," and all copies, excerpts, summaries, notes, digests, abstracts,
and indices relating to such documents.

Executed on
(Date)

-

(Signature)