Boyle v. Property & Casualty Insurance Company of Hartford

Filing 34

STIPULATED PROTECTIVE ORDER. By Magistrate Judge Craig B. Shaffer on 03/13/2014. (cbslc1)

THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:13-cv-1223-WJM-CBS
BARBARA BOYLE,
Plaintiff,
v.
PROPERTY & CASUALTY INSURANCE COMPANY OF HARTFORD, an Indiana
Corporation,
Defendant.

STIPULATED PROTECTIVE ORDER

PURSUANT TO F.R.C.P. 26(c), IT IS HEREBY AGREED BETWEEN THE
PARTIES AND ORDERED BY THE COURT that the following provisions concerning
confidential treatment of documents, answers to interrogatories or requests for
admission produced by the Plaintiff or Defendant, or answers to deposition questions, or
other responses to discovery requests, including inspections of tangible items, shall
apply in the above-captioned matter.
1.

This Order shall apply to and govern all documents, things, and

information produced in response to requests for production of documents, answers to
interrogatories, responses to requests for admissions, and all other discovery taken or
exchanged pursuant to the Federal Rules of Civil Procedure, as well as testimony
adduced at deposition or trial, matters in evidence, and other information or copies
thereof which the disclosing Party designates as “CONFIDENTIAL.”

Confidential

information shall include trade secrets; confidential research, development, financial
and commercial information not publicly available, confidential internal claims handling
communications and documents; reserve information, confidential health information,
and confidential business, personal or financial information. Confidential information
may or may not also include management plans, business plans and strategies,
financial information, tax returns, contracts with employees or customers, marketing and
sales information, diaries, journals, day-timers and personal calendars. The Parties
expressly acknowledge that discovery may entail the production of materials
constituting “protected health information” under 45 CFR § 160.103 and they agree that
such information shall be designated “CONFIDENTIAL.” The Parties intend that this
Order serve as a qualified protective order, under 45 CFR § 164.512(e)(1)(v).
2.

As used in this Order, “document” is defined as provided in Federal Rule

of Civil Procedure 34(a). A draft or non-identical copy is a separate document within the
meaning of this term.
3.

Counsel for the producing party will review the information to be disclosed

and designate the information it believes, in good faith, is confidential or otherwise
entitled to protection. The designated information is thereafter entitled to the protections
afforded by the blanket protective order unless the designation is objected to by an
opposing party. Judicial review of a party’s designation as confidential occurs only
when there is such an objection which the parties cannot resolve by agreement.
4.

Documents and information designated “CONFIDENTIAL” in accordance

with this Order, and the information contained therein, shall be used solely for the

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purposes of this case and may not be used as a basis for any other action, claim, or
protest without first obtaining permission of this Court or the producing party. Such
information shall not be used by, or disclosed to any person except as provided herein,
provided that the disclosing party may use its or her own confidential or restricted
information for any lawful purpose. Confidential Information may be disclosed to the
following classes of persons (collectively “Recipients”):
(A)

The parties and counsel of record for the parties, and members or

associates of the firms who are working on this litigation;
(B)

The non-technical, clerical, or paralegal staff employed by counsel

referred to in the preceding subparagraph who are working on this litigation;
(C)

Independent experts retained by counsel to assist in this litigation;

(D)

Any person or entity designated as author, addressee, or recipient of

such document;
(E)

Any person or entity to whom the document itself indicates that the

information therein was previously communicated;
(F)

The Court and its employees (“Court Personnel”); and

(G)

Stenographic reporters who are engaged in proceedings necessarily

incident to the conduct of this action.
5.

Prior to disclosing any CONFIDENTIAL information to any Recipients

listed above (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 a written acknowledgment stating that he or she has

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read this Protective Order and agrees to be bound by its provisions. All such
acknowledgments 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.

No Recipient shall photocopy, duplicate, copy or otherwise retain any

copy, facsimile, summary, or synopsis of any confidential documents or information
other than for use solely for the purposes of this litigation. Within sixty (60) days from
the date of entry of a final judgment or order of dismissal in this litigation, each Recipient
shall return to counsel for the producing party any and all copies of the confidential
documents and information and any notes, memoranda, reports, transcripts, exhibits, or
other documents referring to or relating to such confidential documents or information,
excluding attorney work product.
7.

During any deposition, confidential information may be disclosed to any

deponent or witness who is a Recipient as defined herein. Deponents may likewise be
asked to disclose confidential information which is within their knowledge. In the event
confidential documents or information are used, disclosed or elicited during any
deposition, counsel shall designate during the deposition the documents and
information, and all portions of the deposition transcripts which refer to such documents
and information, as “CONFIDENTIAL” pursuant to the provisions of this Order. Portions
of depositions shall be designated as “CONFIDENTIAL” by a statement on the record at
the deposition by counsel that the testimony is confidential and subject to the provisions
of this Order. In the event that such a designation is made, the portion of the deposition

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subject to the confidential designation may be attended by the deponent, any Recipients
otherwise entitled to attend, and the appropriate court or deposition reporters. The
deponent or court or deposition reporter in attendance at such deposition shall be
subject to all restrictions and obligations applicable to Recipients.
8.

In addition to the procedure described in the preceding paragraph, a party

may designate a portion of a deposition as confidential within fourteen (14) days after
receipt of the deposition transcript. This designation shall be made by delivery to trial
counsel in this case of a written notice of the designation, identifying the deposition and
specifying by page and line the portions designated as confidential.

Portions of

depositions designated in accordance with this paragraph shall be subject to the same
restrictions as portions contemporaneously designated in accordance with the
preceding paragraph. The failure of a party to contemporaneously designate a portion
of a deposition as confidential in accordance with the preceding paragraph shall not
constitute a waiver of any claim that the information constitutes a trade secret or other
confidential research, development, personal, financial or commercial information,
provided that the portion of the deposition is timely designated in accordance with this
paragraph. However, no person or party shall be subject to any sanction under this
Order arising from the use or disclosure, prior to receipt of the written designation, of
deposition testimony not previously designated under the terms of paragraph 6.
9.

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

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parties cannot resolve the objection within fifteen (15) business days after the time the
notice is received, it shall be the obligation of the party designating the information to file
an appropriate motion requesting that the Court determine whether the disputed
information should be subject to the terms of this Order. If such a motion is timely filed,
the disputed information shall be treated as “Confidential” under the terms of this 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 of
“Confidential” and shall not thereafter be treated as “Confidential” in accordance with
this 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.”.
10.

In the event that counsel for a party deems it necessary to disclose any

information that a producing party has designated “CONFIDENTIAL” to any person not
specified in paragraph 4 above, said counsel shall notify counsel for the producing party
in writing of (a) the information or documents to be disclosed, and (b) the person(s) to
whom such disclosure is to be made, and shall attempt to reach agreement regarding
such disclosure. If agreement cannot be reached, the party wishing such disclosure
shall file an appropriate motion with the Court.
11.

Unless otherwise agreed to in writing by the parties or ordered by the

Court, all proceedings involving or relating to documents or any other information shall
be subject to the provisions of this Protective Order.

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12.

Any party may use confidential documents or information in any affidavit,

brief, memorandum of law, or other document filed in this litigation. Any documents
utilizing these materials or information shall be marked “CONFIDENTIAL”, shall be filed
and served in accordance with D.C.COLO.L.Civ.R 7.2, with Level 1 Restricted Access,
and shall be maintained under seal by the Court.
13.

Nothing herein shall prevent disclosure beyond the terms of this Order if

(a) the producing party of confidential information consents in writing to such disclosure,
or (b) such disclosure is otherwise required by a lawful subpoena or order issued by a
court of competent jurisdiction, or (c) this Court, after notice to all affected parties,
orders such disclosure.
14.

Nothing contained in this Order shall affect the right of any party to make

objections or other responses permitted by the Federal Rules of Civil Procedure to any
request for production of documents, interrogatory, request for admission, or question at
a deposition, except matters of confidentiality which this Order has addressed. Nothing
in this Order shall constitute a ruling on any such claim.
15.

This Order is entered pursuant to F.R.C.P. 26(c).

The protections

afforded pursuant to this Order are continuing. No confidential information shall be
disclosed in violation of this Order either during or after this litigation.
16.

The Parties acknowledge that the terms hereof are intended to apply to all

documents disclosed in the above captioned matter whether such documents were
disclosed before or after the date of this Order.

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17.

Disclosure or release of any Confidential Information, whether done so

voluntarily, through discovery, or by order of this Court, does not constitute a waiver of
any releasing or disclosing party’s right to object to the admission or use of such
Confidential Information at a hearing or trial of this matter.
18.

This Order may be modified by the Court at any time for good cause

shown following notice to all parties and an opportunity to be heard.
Dated at Denver, Colorado this 13th day of March, 2014.

s/Craig B. Shaffer
United States Magistrate Judge

Agreed and stipulated this 13 day of March, 2014.
Respectfully submitted
//s// Rob Loree
__________________________
Robert W. Loree
The Terrace at Concord Park
777 East Sonterra Blvd.,
Suite 320
San Antonio, Texas 78258
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

//s// Mike Brooks
_____________________________
WELLS, ANDERSON & RACE, LLC
L. Michael Brooks, Jr.
Stephen E. Baumann II
1700 Broadway, Suite 1020
Denver, CO 80290
Telephone: [phone]
E-Mail: [e-mail]
ATTORNEYS
FOR
DEFENDANT

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