Blair v. Resort Management Group, L.L.C.
STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Craig B. Shaffer on 10/8/13. (cbssec)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-01298-WJM-CBS
RESORT MANAGEMENT GROUP, L.L.C.;
STIPULATED PROTECTIVE ORDER
Plaintiff Denise Blair and Defendant Resort Management Group, L.L.C.
(collectively referred to as the “Parties” or each individually as a “Party”) have stipulated
to the terms of this Protective Order.
This Protective Order is designed to preserve the confidentiality of certain
testimony given by witnesses in this case and certain information contained in
documents produced pursuant to the terms of this Protective Order. Documents
deemed to be “confidential” shall be so designated in accordance with this Protective
Order. Similarly, all corresponding testimony given by witnesses will be so designated.
To expedite the flow of discovery material, facilitate the prompt resolution of
disputes over confidentiality, and adequately protect material entitled to be kept
confidential, it is, by agreement of the Parties and pursuant to the Court’s authority
under the Federal Rules of Civil Procedure, STIPULATED AND ORDERED that:
This Protective Order shall apply to all documents, materials, and
information, including, without limitation, documents produced, answers to
interrogatories, responses to requests for admission, deposition testimony, and other
information disclosed or produced pursuant to the disclosure or discovery duties created
by Federal Rules of Civil Procedure.
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.
Information designated “CONFIDENTIAL” shall be information that is
confidential and implicates the privacy interests of Plaintiff or Defendant or third parties
and/or information contained in confidential business records, personnel records,
documents, materials, and communications. Counsel certify that they will review the
documents and other information prior to designating them as CONFIDENTIAL and any
designation shall be made pursuant to the requirements of Fed. R. Civ. P. 26(g).
CONFIDENTIAL information shall not be disclosed or used for any purpose except the
preparation and trial of this case.
CONFIDENTIAL documents, materials, and/or information (collectively
“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
attorneys who are actively working on this case;
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;
the Parties, including human resources and management
employees employed by Defendant;
expert witnesses and consultants retained in connection with this
proceeding, to the extent such disclosure is necessary for
preparation, trial or other proceedings;
the Court in this case and its employees (“Court Personnel”);
stenographic reporters who are engaged in proceedings
necessarily incident to the conduct of this case;
other persons by written agreement of the Parties.
Prior to disclosing any CONFIDENTIAL information to any person listed
above (other than counsel, persons employed by counsel, Court Personnel, and
stenographic reporters), the disclosing Party 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 read this Protective Order and agrees to be bound by its provisions.
Such written acknowledgment shall be in the form as provided in Exhibit A to this
Stipulated Protective Order, attached hereto and incorporated herein. 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.
Documents are designated as CONFIDENTIAL by placing or affixing on
them (in a manner that will not interfere with their legibility) the term “CONFIDENTIAL”
or by designating them as “CONFIDENTIAL” in correspondence between the Parties.
Any Party may designate documents produced by the other Party as CONFIDENTIAL.
In the event Electronically Stored Information (“ESI”) is disclosed or
discovered in the course of this litigation, including, but not limited to, ESI provided in a
native format on hard disks or other magnetic data storage disks, removable disks
and/or drives, portions thereof, or digital images of data storage disks or drives, such
information may be designated as “CONFIDENTIAL” in a written communication or in
an electronic mail message to the non-producing party as set forth in Paragraph 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 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.
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 and the
specific basis for such objection. The Parties must meet and confer within five business
days following the objection to attempt to resolve the dispute. If the Parties cannot
resolve the dispute, the Parties will be required to have a telephone conference with the
Court. The disputed information shall maintain its designation as CONFIDENTIAL and
shall thereafter continue to be treated as CONFIDENTIAL in accordance with this
Protective Order until the Court rules on the matter. 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.
In the event CONFIDENTIAL Information is used in any court filing or
proceeding in this action, including but not limited to its use at trial, it shall not lose its
confidential status as between the parties through such use. In order to keep
CONFIDENTIAL Information contained in documents filed with the court out of the
public record, the party seeking to restrict public access to CONFIDENTIAL Information
shall file a Motion to Restrict Access and shall comply with the requirements of
At the conclusion of this case, unless other arrangements are agreed
upon, each document and all copies thereof that have been designated as
CONFIDENTIAL shall be returned to the Party that designated it CONFIDENTIAL within
forty-five (45) days of conclusion of the action, or the Parties may elect to destroy
CONFIDENTIAL documents; provided, however, that counsel for each Party may retain
one copy of the CONFIDENTIAL documents for the sole purpose of maintaining a
complete file, and all such retained documents will not be released, disclosed, or utilized
except upon express permission of this Court after written notice to counsel for the
Party that produced the documents. Where the Parties agree to destroy
CONFIDENTIAL documents, the destroying Party shall provide all Parties with an
affidavit confirming the destruction within forty-five (45) days after conclusion of the
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.
Stipulated and approved:
Respectfully submitted this 7th day of October, 2013
Original signature on file at Law Offices
of RATHOD | MOHAMEDBHAI, LLC
Original signature on file at Law
Offices of Davis Graham & Stubbs, LLP
s/ Qusair Mohamedbhai
Siddhartha H. Rathod
RATHOD | MOHAMEDBHAI, LLC
1518 Blake Street
Denver, CO 80202
Telephone: (303) 578-4400
Facsimile: (303) 578-4401
s/ Janet A. Savage
Janet A. Savage, Esq.
Davis Graham & Stubbs LLP
1550 Seventeenth Street, Suite 500
Denver, Colorado 80202
Telephone: (303) 892-9400
Facsimile: (303) 892-1379
Counsel for Defendant
Counsel for Plaintiff
DATED at Denver, Colorado, on October 8, 2013.
BY THE COURT:
s/Craig B. Shaffer
Craig B. Shaffer
United States Magistrate Judge
WRITTEN ACKNOWLEDGEMENT TO STIPULATED PROTECTIVE ORDER
The undersigned hereby acknowledges that he/she has carefully and completely
read the Stipulated Protective Order in the pending litigation between Denise Blair and
Resort Management Group, L.L.C.; that he/she is one of the persons contemplated in
Paragraph 4 of the Stipulated Protective Order; and that he/she fully understands and
agrees to abide by the obligations and confidences set forth in the Stipulated Protective
Order. The undersigned consents to the jurisdiction of the United States District Court
for the District of Colorado for purposes of enforcing this Stipulated Protective Order.
Title or Position
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