Phoenix Insurance Company, The et al v. Cantex, Inc. et al

Filing 230

STIPULATED PROTECTIVE ORDER. By Magistrate Judge Nina Y. Wang on 4/9/2015.(alowe)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 2013-cv-00507-REB-NYW
THE PHOENIX INSURANCE COMPANY
THE TRAVELERS INDEMNITY COMPANY, and
TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA
Plaintiffs.
v.
CANTEX, INC.,
CONCRETE MANAGEMENT CORP.,
LANDMARK AMERICAN INSURANCE COMPANY,
OLD REPUBLIC INSURANCE COMPANY,
RBR CONSTRUCTION, INC.,
Defendants,
and
CANTEX, INC.
Third-Party Plaintiff,
v.
SCOTTSDALE INSURANCE COMPANY and CONTINENTAL CASUALTY COMPANY,
Third-Party Defendants.

STIPULATED PROTECTIVE ORDER

Upon a showing of good cause in support of the entry of a protective order to protect the
discovery and dissemination of confidential information or information which will improperly

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annoy, embarrass, or oppress any party, witness, or person providing discovery in this case, IT IS
ORDERED:
1.

This Protective Order shall apply to the Settlement Agreement between Travelers

Property Casualty Company of America, The Travelers Indemnity Company, and The Phoenix
Insurance Company and Cantex, Inc., executed on or about July 31, 2014 (“Settlement
Agreement”), which the disclosing parties have a good faith belief is confidential or otherwise
entitled to protection under Fed. R. Civ. P. 26(a)(7).
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.

The Settlement Agreement shall not be disclosed or used for any purpose except

the preparation and trial of this case.
4.

The Settlement Agreement shall not, without the consent of the parties producing

it or further Order of the Court, be disclosed except that such information contained therein may
be disclosed to:
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, at trial, or at other proceedings in this case;

c.

the parties (and the designated representatives for the entity parties);

d.

expert witnesses and consultants retained in connection with this
proceeding, to the extent such disclosure is necessary for preparation, trial
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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.
h.
5.

deponents, witnesses, or potential witnesses; and
other persons by written agreement of the parties.

Prior to disclosing the Settlement Agreement to any person listed above (other

than counsel, persons employed by counsel, Court Personnel and stenographic reporters or with
respect to documents presented to deponents and/or witnesses for the first time at trial or other
formal court proceedings or depositions) counsel shall provide such person with a copy of this
Protective Order and obtain from such person a written acknowledgement stating that he or she
has read this Protective Order and agrees to be bound by its provisions (Exhibit A). All such
acknowledgements 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.

The Settlement Agreement shall be designated as CONFIDENTIAL by placing or

affixing on it (in a manner that will not interfere with the legibility) the following or other
appropriate notice: “CONFIDENTIAL”
7.

Whenever a deposition involves the disclosure of the Settlement Agreement, 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
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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
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 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.

The parties do not intend to file a copy of the Settlement Agreement with the

Court. Should any party determine it is necessary to do so, such party shall file the Settlement
Agreement as a Level 1 Restricted document and contemporaneously file a Motion to Restrict
pursuant to Fed. R. Civ. P. 26(a)(7) and D.C.COLO.LCivR 7.2. Notwithstanding the foregoing,
nothing in this Protective Order should be construed as an affirmative ruling that any motion to
restrict will be granted, even if the Parties so stipulate.
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10.

At the conclusion of this case, unless other arrangements are agreed upon, each

document and all copies thereof which have been designated as CONFIDENTIAL shall
bereturned to the party that designated it CONFIDENTIAL, or the parties may elect to destroy
CONFIDENTIAL documents. Where the parties agree to destroy CONFIDENTIAL documents,
the destroying party shall provide all parties with an affidavit confirming destruction.
11.

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.

/s/ Melissa A. Wiese

/s/ Gregory A. Davis

Melissa A. Wiese, Esq.
Pearl Schneider LLC
999 Eighteenth Street, Suite 1850
Denver, CO 80202
Phone: [phone]
Fax: [phone]
[e-mail]
Attorneys for Plaintiffs

Gregory A. Davis, Esq.
Squire Patton Boggs (US) LLP
1 East Washington Street, Suite 2700
Phoenix, AZ 85004
Phone: [phone]
Fax: [phone]
[e-mail]
Attorneys for Cantex, Inc.

/s/ Jason M. Taylor

/s/ Michael Anthony Parsons

Michael S. Knippen, Esq.
Jason M. Taylor, Esq.
Traub Lieberman Straus & Shrewsberry, LLP
303 W. Madison St., Suite 1200
Chicago, IL 60603
Phone: [phone]
Fax: [phone]
[e-mail]
Attorneys for Landmark American Insurance
Company

Michael Anthony Parsons, II, Esq.
Colliau Carluccio Keener Morrow Peterson &
Parsons-Dallas
700 North Pearl Street
Suite 450
Dallas, TX 75104
214-220-1308
214-220-5902 (fax)
[e-mail]
Attorneys for Continental Insurance Company
and Continental Casualty Company

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/s/ Katherine K. Kust

/s/ Francis Maurice Cavanaugh

Jon F. Sands, Esq.
Katherine K. Kust, Esq.
Sweetbaum Sands Anderson, P.C.
1125 Seventeenth Street
Suite 2100
Denver, CO 80202
303-296-3377
303-296-7343 (fax)
[e-mail]
Attorneys for Amerisure Insurance Company

Francis Maurice Cavanaugh, Esq.
Lee & Kinder, LLC
3801 East Florida Avenue
Suite 210
Denver, CO 80210
303-539-5421
303-539-5422 (fax)
[e-mail]
Attorneys for Scottsdale Insurance Company

IT IS SO ORDERED.

DATED: April 9, 2015
s/ Nina Y. Wang
United States District Court Magistrate
Judge

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EXHIBIT A
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
I,

, declare under penalty of perjury that I have read in

its entirety and understand the Stipulated Protective Order that was issued by the United States
District Court for the District of Colorado in the case no. 2013-cv-00507-REB-NYW. I agree
to comply with and to be bound by all the terms of this Stipulated Protective Order and I
understand and acknowledge that failure to so comply could expose me to sanctions and
punishment in the nature of contempt. I promise that I will not disclose in any manner any
information or item that is subject to this Stipulated Protective Order to any person or entity
except in strict compliance with the provisions of this Order.
I further agree to submit to the jurisdiction of the United States District Court for the
District of Colorado for the purpose of enforcing the terms of this Stipulated Protective Order,
even if such enforcement proceedings occur after termination of this action.

Date:

Signature:

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