Shaw v. Interthinx, Inc. et al

Filing 89

Stipulated PROTECTIVE ORDER Concerning Confidential Information. By Magistrate Judge Boyd N. Boland on 9/17/2013. (klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-01229-REB-BNB
CELESTE SHAW, on behalf of herself and all others similarly situated,
Plaintiff,
v.
INTERTHINX, INC., a California corporation;
VERISK ANALYTICS, INC., a Delaware corporation;
and, JEFFRY MOYER, an individual,
Defendants.

STIPULATED PROTECTIVE ORDER
CONCERNING CONFIDENTIAL INFORMATION

The parties, by and through their respective counsel, stipulate to the entry of this
Protective Order Concerning Confidential Information, as follows:
1.

Purpose: The parties anticipate that during the course of this litigation, they will

disclose or produce documents, testimony, and other information that contains proprietary,
confidential, or personal information not publicly available or and that implicates a privilege or
legitimate privacy interest. The court enters this order to allow the parties to produce such
confidential information while preserving it from unauthorized or unnecessary disclosure.
2.

Scope: This protective order applies to all documents, materials, information, and

deposition testimony marked “CONFIDENTIAL” by a party that a party provides or discloses to
an opposing party during this litigation.
3.

Documents: Fed.R.Civ.P. 34 (a) (1) (A) provides the definition of “document” in

this order. A draft or non-identical copy is a separate document within the meaning of this term.

4.

"CONFIDENTIAL INFORMATION:” means documents, materials,

information, and testimony a party provides or discloses during this litigation that is marked or
designated “CONFIDENTIAL” and is proprietary, confidential, and not publicly available, or
that implicates a privilege or legitimate privacy interest.
5.

Lawyer Review: Documents a party intends to mark “CONFIDENTIAL” must

first be reviewed by a lawyer for the party who will certify the “CONFIDENTIAL” designation
is based on a good faith belief the information in the documents is confidential or otherwise
entitled to protection.
6.

Restrictions: CONFIDENTIAL INFORMATION must not be disclosed or used

for any purpose except the preparation and trial of this case.
7.

Exceptions: CONFIDENTIAL INFORMATION must not be disclosed without

the consent of the party producing it or further order of the court, except such information may
be disclosed to:
(a) attorneys working on this case;
(b) persons regularly employed or associated with the attorneys working on the
case whose assistance is required by said attorneys to prepare for trial, at trial, or at other
proceedings in this case;
(c) the parties and designated representatives for the corporate defendants;
(d) expert witnesses and consultants retained in connection with this case, to the
extent such disclosure is necessary for preparation, trial, or other proceedings in this case;
(e) the court and its employees;
(f) stenographic reporters engaged in proceedings necessarily incident to the
conduct of this action;

(g) deponents, witnesses, or potential witnesses; and,
(h) other persons by written agreement of the parties.
8.

Parties' Own Documents: This order will not affect any party's right to permit

material that it designated as “CONFIDENTIAL” to be revealed to, discussed with, viewed by,
or disclosed to anyone that it wishes.
9.

“Confidential” Designation: Documents are designated confidential by clearly

and conspicuously placing or affixing on them the word “CONFIDENTIAL,” or other
appropriate notice, in a manner that will not interfere with their legibility.
8.

Testimony: Whenever a deposition involves the disclosure of information a

party regards as confidential, such party shall designate the information CONFIDENTIAL 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.
9.

Objections: 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 business days after the time the notice is
received, then within 30 days of the date on the notice, 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 INFORMATION 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.
10.

Any request to restrict access must comply with the requirements of

D.C.COLO.LCivR 7.2. Confer: As with all court filings, the parties shall comply with
D.C.COLO.LCivR 7.2 as to any request to restrict access based on this protective order.
11.

Conclusion of Action: Within 30 days of the final conclusion of this case, unless

other arrangements are agreed upon, all CONFIDENTIAL INFORMATION shall be destroyed
or returned to the party who produced it. In the event a party elects to return confidential
information to the opposing party, the returning party may request in writing that the returned
documents be maintained and not destroyed for up to three years from the final disposition of the
case, and the opposing party shall maintain the documents accordingly. A party who destroys
the CONFIDENTIAL INFORMATION produced to it, must notify the producing party in
writing of the manner and date of destruction.
11.

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

STIPULATED TO AND APPROVED AS TO FORM this 10th day of September 2013.
ATTORNEYS FOR PLAINTIFFS
BY:

ATTORNEYS FOR DEFENDANTS
BY:

s/ Michael D. Kuhn
Michael D. Kuhn, Esq.
Paul F. Lewis, Esq.
Andrew E. Swan, Esq.
SCHMITZ LEWIS PC
620 North Tejon Street, Suite 101
Colorado Springs, CO 80903
Phone: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
[e-mail]

s/ Peter F. Munger
Peter F. Munger
Nicholas A. Murray
950 17th Street, Suite 2600
Denver, Colorado 80202
[phone] – Telephone
[phone] – Facsimile
[e-mail]
[e-mail]

Rowdy B. Meeks
ROWDY MEEKS LEGAL GROUP LLC
10601 Mission Rd., Suite 100
Leawood, Kansas 66206
Tel: [phone]
Fax: [phone]
Email: [e-mail]

Nicky Jatana
Leila Nourani
Angela Quiles Nevarez
JACKSON LEWIS LLP
725 South Figueroa Street, Suite 2500
Los Angeles, CA 90017
Telephone: [phone]
Facsimile:
[phone]
[e-mail]
[e-mail]
[e-mail]