Brading v. Ken Caryl Ranch Metropolitan District

Filing 22

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Craig B. Shaffer on 5/13/13. (cbssec)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 13-cv-00349-MSK-CBS
CAREY BRADING,
Plaintiff,
v.
KEN CARYL RANCH METROPOLITAN DISTRICT,
Defendant.

STIPULATED PROTECTIVE ORDER

The Court, having reviewed the parties Stipulated Motion for Protective Order and being
sufficiently advised, GRANTS the Motion and ORDERS:
1.

In this action, at least one of the parties has sought and/or may seek to discover

Confidential Information, including Protected Financial. "Confidential Information" and
"Protected Financial Information" are defined in part, in paragraphs 6, 7, and 8, below.
2.

The purpose of this Protective Order is to preclude disclosure of Confidential

Information to any person or entity not subject to this litigation as defined in this Protective
Order. It is anticipated that some of the Confidential Information may, but not necessarily
would, lead to questioning concerning Confidential Information and Protected Financial
Information in the course of depositions. The parties assert the disclosure of Confidential
Information and Protected Financial Information could result in significant injury to one or more

of the parties' business or privacy interests and the privacy interests of persons not parties to this
litigation.
3.

The parties request the Court enter the within Protective Order for the purpose of

preventing the disclosure and use of Confidential Information and Protected Financial
Information except as set forth herein, and prohibiting the parties from using or disclosing the
Confidential Information and Protected Financial Information for any purpose other than this
litigation.
4.

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 mechanism by which
confidential information that is disclosed is prevented from being used for any purpose outside
this litigation by any party.
5.

This Protective Order shall apply to all documents, files or portions of files,

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.
6.

"Confidential Information," includes, but is not limited to, "Protected Financial

Information," any documents, records, files or portions of files, materials, electronically stored
information, transcribed testimony, or responses to discovery requests, including any extract,
abstract, chart, summary, note, or copy made therefrom - not made available to the public - and
designated by one of the parties in the manner provided in paragraphs 10, 11, and/or 12 below as
containing Confidential Information or Protected Financial Information.
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7.

"Confidential Information" includes, but is not limited to, information that is

confidential and implicates common law and statutory privacy interests of the Defendant or
Plaintiff in this matter, including current and former employees of the Defendant, and other
individuals not parties to this litigation identified in documents, records, files or portions of files,
and materials, whether or not electronically stored, of the Defendant. "Confidential Information"
also includes proprietary or confidential commercial information of Defendant.
8.

“Protected Financial Information" includes, but is not limited to, Plaintiff’s

employment or personnel records, tax returns, salary information, and any other information
related to Plaintiff’s employment or financial records.
9.

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.
10.

Documents containing "Confidential Information," including, but not limited to,

"Protected Financial Information," are designated as CONFIDENTIAL by an attorney for the
party determining that the document contains CONFIDENTIAL information and directing that
the following or other appropriate notice: "CONFIDENTIAL" be placed or affixed on the
document (in a manner that will not interfere with their legibility). Designation or identification,
or assertion of a document as confidential or privileged does not necessarily indicate it is
discoverable.
11.

Responses to discovery requests are designated as CONFIDENTIAL by

imprinting the word "CONFIDENTIAL" next to or above the response.

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12.

Whenever a deposition involves the disclosure of CONFIDENTIAL Information,

the deposition or potions 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. It shall not be a violation of this agreement if information is
disclosed prior to such notification. Admissibility of the designated confidential information will
be reserved for and addressed at trial.
13.

Individuals authorized to review CONFIDENTIAL Information pursuant to this

Protective Order including, but not limited to, the parties to this action and their undersigned
counsel, shall hold CONFIDENTIAL Information in confidence and shall not divulge the
CONFIDENTIAL Information, either verbally or in writing, to the media or any other person,
entity or government agency unless authorized to do so by court order. CONFIDENTIAL
Information shall not be disclosed, revealed, leaked to the media (inadvertently or otherwise), or
used for any purpose except the preparation and trial of this case. CONFIDENTIAL Information
shall not be communicated by any party's counsel or a party in any manner, either directly or
indirectly, to anyone, except for purposes of this case, and unless such person is directly
associated with prosecuting or defending this case, or is a potential witness in this case, and has
provided thereafter acknowledgement as depicted in Attachment A. These restrictions shall be
strictly construed.

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14.

CONFIDENTIAL Information may be disclosed to the following, provided that

these persons comply with the terms of this Protective Order, and are not involved with or
connected to the media:
a.

attorneys actively working on this case and their support staff;

b.

the parties and designated representatives for the Defendants, and their respective

employees, agents and representatives;
c.

expert witnesses, and consultants retained, or consultants and their staffs, in

connection with this proceeding, to the extent such disclosure is necessary for preparation, trial
or other proceedings in this case;
d.

stenographic reporters who are engaged in proceedings necessarily incident to the

conduct of this action;
e.

deponents;

f.

potential fact witnesses; and

g.

other persons by written agreement of the parties.

The parties, their attorneys and support staff, experts and stenographic reporters shall not be
required to complete an affidavit as set forth in paragraph 13.
15.

The party's counsel who discloses CONFIDENTIAL Information shall send to the

recipient of the information a copy of the Protective Order and obtain a written acknowledgment
from the recipient that they have reviewed and will abide by the Protective Order. The subject
party's counsel shall maintain a list of all persons to whom any CONFIDENTIAL Information is
disclosed and retain the written acknowledgments.

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16.

During the pendency of this action, opposing counsel may upon Court order or

agreement of the parties inspect the list maintained by counsel pursuant to paragraph 15 above
upon showing of substantial need in order to establish the source of an unauthorized disclosure
of CONFIDENTIAL Information and that opposing counsel are unable to otherwise identify the
source of the disclosure. If counsel disagrees with opposing counsel's showing of substantial
need, then counsel may seek a court order requiring inspection under terms conditions deemed
appropriate by the Court. To the extent such a challenge arises prior to the parties' expert
disclosures, the names of the experts to whom the documents were sent will not need to be
disclosed, unless the Court Orders such disclosure, and then, the name will be disclosed to the
Court only, in camera.
17.

Any copies of CONFIDENTIAL Information shall be made and used solely for

purposes of this litigation.
18.

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 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 with the prescribed time,
the disputed information shall lose its designation CONFIDENTIAL and shall not thereafter be
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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.
19.

In the event it is necessary for the parties to file CONFIDENTIAL Information

with the Court in connection with any proceeding or motion, the CONFIDENTIAL Information
shall be filed in accordance with the requirements of D.C.COLO.LCiv.R 7.2.
20.

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.
21.

The parties adopt no position as to the authenticity or admissibility of any

document produced subject to this Protective Order.

Neither the taking of any action in

accordance with the provisions of this Protective Order, nor the failure to object thereto, shall be
construed as a waiver of any claim or defense in this action.
22.

Upon termination of this litigation, including any appeals, each party's counsel

shall immediately return to the producing party or destroy all CONFIDENTIAL Information
provided subject to this Protective Order.
23.

Nothing in this Protective Order shall preclude any party from filing a motion

seeking further or different protection from the Court under Rule 26(c) of the Federal Rules of
Civil Procedure, or from filing a motion with respect to the manner in which CONFIDENTIAL
Information shall be treated at trial.

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24.

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.

DATED at Denver, Colorado, on May 13, 2013.
BY THE COURT:

s/Craig B. Shaffer____________
Craig B. Shaffer
United States Magistrate Judge

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EXHIBIT A
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-00349-MSK-CBS
CAREY BRADING,
Plaintiff,
v.
KEN CARYL RANCH METROPOLITAN DISTRICT,
Defendant.
______________________________________________________________________________
ACKNOWLEDGEMENT OF PROTECTIVE ORDER
______________________________________________________________________________
I, _______________________________, understand that information may be discussed
in my presence and/or documents provided to me that involves confidential information. I
understand that a Protective Order has been entered by the Court declaring that certain
information is confidential and that such information shall not be disclosed to any person or
entity other than those provided for in the Protective Order. I understand that I am subject to this
Court’s Protective Order and acknowledge that a copy of the Protective Order has been provided
to me. I hereby agree that I will keep confidential and not divulge to any person any confidential
information that has been revealed to me.
Dated this _____ day of ________________________, 2013.
_________________________
(Signature)
_________________________
(Printed Name)
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