Casias v. American Family Mutual Insurance Company

Filing 17

STIPULATED PROTECTIVE ORDER by Magistrate Judge Boyd N. Boland on 9/17/13. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-CV-1101 - CMA-BNB
KATHY CASIAS,
Plaintiff
v.
AMERICAN FAMILY MUTUAL INSURANCE COMPANY,
Defendant

STIPULATED PROTECTIVE ORDER
STIPULATED CONFIDENTIALITY AGREEMENT

Pursuant to the stipulation of the parties, IT IS ORDERED:
HEREBY STIPULATED AND AGREED, by and between the respective parties hereto
and their counsel of record, that Defendant American Family Mutual Insurance Company will
produce certain documents, stamped CONFIDENTIAL and containing bates labels beginning
with Confidential Documents_000001, which it considers privileged, confidential, proprietary,
competitively sensitive and trade secret. The production and use of such document in this case
will be conducted pursuant to the following:
1.

All such documents shall be stamped “CONFIDENTIAL” by Defendant. It is

agreed that the documents so designated are subject to this Confidentiality Agreement
(hereinafter referred to as “documents”).
2.

Documents, materials and/or information designated “CONFIDENTIAL” shall

not be disclosed or used for any purpose except the preparation and trial of this case.

3.

Plaintiff and her counsel agree that the documents and the information obtained

from the documents shall not be released to any other person or entity for any purpose, with the
exception of an individual certified by Plaintiff’s counsel as employed by or assisting counsel in
preparation for or at the trial of this action or a person who is expressly retained by Plaintiff or
her counsel for the purpose of testifying or giving opinions in this litigation, including Plaintiff’s
insurance claims expert, but only to the extent necessary for such person to perform his or her
assigned tasks in connection with this litigation.
4.

Counsel for Plaintiff shall first obtain a written agreement from each individual,

identified under paragraph 3 of this Confidentiality Agreement, who will review any or all of the
documents or receive information therefrom that they agree to hold all such documents in
confidence and agree to the terms and conditions set forth in Exhibit A, including that the
individual will not reproduce the documents, transfer the documents or divulge information
obtained therefrom to any other entity or person for any purpose. The written agreement shall be
in the form attached hereto as Exhibit A.
5.

In the event of a deposition of a non-party or a party, or one of its present or

former officers, directors, employees, agents, or an independent expert retained for purposes of
this litigation, it is agreed that any confidential documents or information obtained therefrom is
confidential and the deposition shall remain confidential and shall not be used or distributed for
any purpose other than in connection with this litigation. Any original depositions filed with the
Court or used at trial shall be sealed by the Clerk of the Court unless otherwise ordered by the
Court.

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6.

Counsel for Plaintiff shall maintain a list of all persons to whom the confidential

information covered by this agreement has been shown, to whom copies have been provided, and
who have agreed to the terms of this agreement. Counsel’s list shall also identify, by number, all
documents copied and the number of copies provided to each person.
7.

At the conclusion of the action, counsel for Plaintiff will promptly furnish to

counsel for Defendant, Sutton | Booker | P.C., a letter which identifies all persons or entities to
whom documents or information has been disclosed along with a copy of the list maintained
pursuant to paragraph 6 and a copy of the written agreement regarding confidentiality obtained
from each person or entity. Counsel for Plaintiff will return to counsel for Defendant, Sutton |
Booker | P.C., within 30 days of the conclusion of this case, the original documents plus all
copies or reproductions of any kind made from the documents, including but not limited to notes,
extracts, compilation and photocopies, and all depositions referring in any way to the
confidential documents on information contained therein.
8.

Any request to restrict access must comply with the requirements of

D.C.COLO.LCivR 7.2. No copies, duplications or reproductions of the documents may be part
of the public record of this case, whether in evidence or otherwise, although this Stipulated
Confidentiality Agreement does not prohibit the use of the documents as evidence in the trial of
this case. In the event that any such documents or the information contained therein is included
with, or the contents thereof are in any way disclosed in any discovery responses, pleading,
motion, brief, or other paper filed with the clerk of this court, or entered into evidence by way of
testimony or exhibits at trial of this matter, such confidential documents or information shall be

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kept under seal by the clerk until further order of the court, and if sealed, sealing shall continue
so as to prevent disclosure at the conclusion of the trial.
9.

The production of such documents or information by the parties shall not

constitute a waiver of any privilege, or claim or right of withholding, or confidentiality.
10.

This Stipulated Confidentiality Agreement survives this case for the purpose of

enforcement.
Dated September 17, 2013.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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COUNSEL FOR PLAINTIFF

COUNSEL FOR DEFENDANT

s/ Kurt Zaner

s/ Jacquelyn Booker

Marc Harden
Kurt Zaner
ZANER HARDEN LAW, LLP
1610 Wynkoop Street, Suite 120
Denver, CO 80202

Debra Sutton
Jacquelyn Booker
Sutton | Booker | P.C.
26 W. Dry Creek Circle, Suite 375
Littleton, CO 80120

A duly signed original is on file at Sutton | Booker| P.C.

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