Gaulden v. United Parcel Service, Inc.

Filing 20

PROTECTIVE ORDER by Magistrate Judge Kathleen M. Tafoya on 8/15/13. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-01262-RM-KMT
JARED LARAY GAULDEN,
Plaintiff,
v.
UNITED PARCEL SERVICE, INC.,
Defendant.

STIPULATED PROTECTIVE ORDER

Under Rule 26(c), FED. R. CIV. P., upon a showing of good cause in support of
the entry of a protective order to protect the discovery and dissemination of confidential
personnel, medical or commercial information and information that will improperly
annoy, embarrass, or oppress any party, witness, or person providing discovery in this
case, IT IS ORDERED:
1.

This Stipulated Protective Order shall apply to all documents, materials

and information, including without limitation, documents produced, answers to
interrogatories, responses to requests for admission, depositions and other information
disclosed pursuant to the disclosure or discovery duties created by the Federal Rules of
Civil Procedure.
2.

As used in this Stipulated Protective Order, “document” is defined as

provided in Rule 34(a), FED. R. CIV. P. A draft or non-identical copy is a separate
document within the meaning of this term.

3.

Confidential documents, materials, and information (collectively, the

“Confidential Information”) shall not be disclosed or used for any purpose except the
preparation and trial of this case. The duty to keep confidential information confidential
survives the completion of this case.
4.

Information designated “Confidential” shall be information that is

confidential and implicates common law and statutory privacy interests; concerns
private financial, employment or medical information of Plaintiff Jared Laray Gaulden
(“Plaintiff”); or confidential business information about Defendant United Parcel Service
(“UPS” or “Defendant”), Defendant’s affiliates or subsidiaries, current or former
employees and agents, trade secrets or other confidential research, or marketing,
development or commercial information of Defendant. As a condition of designating
documents for confidential treatment, the documents must be reviewed by an attorney
for UPS or an attorney for Plaintiff and a good faith determination must be made that the
documents are entitled to protection.
5.

A party designating documents as Confidential Information may do so by

marking such material with the legend "Confidential."
6.

Whenever a deposition involves the disclosure of Confidential Information,

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 is promptly

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given to all counsel of record or Plaintiff within thirty (30) days after notice by the court
reporter of the completion of the transcript.
7.

The parties recognize but do not necessarily agree that Confidential

Information may include, but is not limited to, sensitive and non-public information and
records concerning compensation, employee duties and performance, employee
discipline and promotions, personnel decisions and other documents related to the
Plaintiff’s employment with Defendant, and Defendant’s general business practices,
financial matters, information regarding client/customer relationships, and technical,
strategic or other proprietary business information. Confidential Information shall not,
without the consent of the party producing it or further Order of the Court, be disclosed
except that such information 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 of the case, at trial, or at other
proceedings in this case;

c.

the parties, including Plaintiff and Defendant and Defendant’s
Board of Directors, officers, managers, and any designated
advisory witnesses who are directly assisting said attorneys in the
preparation of this case;

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d.

expert witnesses and consultants retained in connection with this
proceeding, to the extent such disclosure is necessary for
preparation, trial or other proceedings in this case;

e.

the Court, jurors and/or court staff in any proceeding herein;

f.

stenographic reporters who are engaged in proceedings
necessarily incident to the conduct of this action;

g.
h.
8.

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

In no event shall a person or entity that is a competitor (direct or indirect)

of Defendant, or who may be involved in any charge or claim against the Defendant, be
allowed to view or receive any information designated by Defendant as Confidential,
absent Defendant’s written consent or Order of the Court.
9.

Before the parties or their counsel may disclose any Confidential

Information to any persons contemplated by paragraph 7 of this Stipulated Protective
Order (other than counsel, persons employed by counsel, Court Personnel and
stenographic reporters), such person shall be provided with a copy of the Stipulated
Protective Order and shall be advised that he or she shall be bound by its provisions.
In the event any counsel of record determines that persons other than those provided
for in Paragraph 7 above have a need to review any Confidential Information, written
authorization of the party who produced the Confidential Information must be obtained
in advance of such disclosure. Should the party who produced the Confidential
Information refuse such authorization, counsel may apply to the Court for authorization.

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10.

A party may object to the designation of particular Confidential Information

by giving written notice to the party that designated the disputed information and all
other parties to the civil action. 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 Information to file an appropriate motion
requesting that the Court determine whether the disputed information should be subject
to the terms of this Stipulated Protective Order. If such a motion is timely filed, the
disputed information shall be treated as Confidential Information under the terms of this
Stipulated Protective Order until the Court rules on the motion. If the designating party
fails to file such a motion within the prescribed period, the disputed information shall
lose its designation as Confidential Information and shall not thereafter be treated as
Confidential Information in accordance with this Stipulated Protective Order. In
connection with a motion filed under this provision, the party designating the information
as Confidential Information shall bear the burden of establishing that good cause exists
for the disputed information to be treated as Confidential Information.
11.

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

upon, each document and all copies thereof which have been designated as
Confidential Information shall be destroyed or preserved by counsel in a manner which
is fully consistent with the terms of this Protective Order. At the end of the litigation
(including any appeals), counsel will not be required to return the material.

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The parties shall have the right to seek modification of this Order from the Court
upon showing of good cause.
Dated: August 15, 2013
By the Court:

Kathleen M. Tafoya
U.S. Magistrate Judge
So Stipulated:

s/ Gwendolyn Maurice Solomon
Gwendolyn Maurice Solomon
P.O. Box 62654
Colorado Springs, CO 80962
Telephone: [phone]
Email: [e-mail]
Attorney for Plaintiff

s/ Steven M. Gutierrez
Judith A. Biggs
Holland & Hart LLP
One Boulder Plaza
1800 Broadway, Suite 300
Boulder, CO 80302
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Steven M. Gutierrez
Holland & Hart LLP
6380 S. Fiddlers Green Circle
Greenwood Village, CO 80111
Phone: [phone]
Fax: [phone]
Email: [e-mail]
William Dabney
Holland & Hart LLP
555 Seventeenth St., Suite 3200
Denver, CO 80201-8749
Phone: [phone]

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Fax: [phone]
Email: [e-mail]
Attorneys for Defendant
6254117_1

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