Gratton v. United Air Lines

Filing 19

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Craig B. Shaffer on 8/30/13. (cbssec)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 1:13-cv-01614-WJM-CBS
KARLA GRATTON,
Plaintiff,
vs.
UNITED AIR LINES,
Defendant.
STIPULATED PROTECTIVE ORDER
Under Rules 26(c) and 26(c)(7), Fed. R. Civ. P., upon a showing of good cause in support
of the entry of a protective order to protect the dissemination of confidential and proprietary
information or information which will improperly annoy, embarrass, or oppress any party,
witness, or person providing discovery in this case, IT IS ORDERED:
1.

The Parties to this action anticipate that Confidential Information (as defined in

paragraph 2 below) will be exchanged during discovery in this case. Because disclosure of such
information outside the scope of this litigation could result in significant injury to one or more of
the Parties business or privacy interests, the Court enters this Protective Order to prevent the
disclosure and use of Confidential Information except as set forth in this Order.
2.

“Confidential Information” means any documents, files, portions of files,

transcribed testimony, or response to a discovery request, including any extract, abstract, chart,
summary, note or copy – not made available to the public – and as designated by a party
pursuant to the terms of this Order.

3.

As used in this Protective Order, the term “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.
4.

Information designated “CONFIDENTIAL” shall be information that is

confidential, including but not limited to confidential business information about Defendant
United Air Lines, Inc. (“Defendant”), Defendant’s affiliates or subsidiaries; personnel
information regarding employees of a party to this litigation; proprietary financial or trade secret
information; the Plaintiff’s employment, tax, income, medical and personal information; and/or
other information which is entitled to protection under Fed.R.Civ.P. 26(c). As a condition of
designating information as CONFIDENTIAL, the information must be reviewed by a lawyer and
a good faith determination must be made that the information is (a) a nonpublic trade secret,
(b) proprietary or confidential research, personal (e.g., financial, medical), personnel, or
commercial information, or (c) information that a party is under a duty to maintain in confidence.
5.

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.
6.

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 to:
a.

attorneys actively working on this civil action;

b.

persons regularly employed or associated with the attorneys actively
working on this civil action whose assistance is required by said attorneys

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in the preparation for trial, at trial, or at other proceedings in this action;
c.

the parties (including Plaintiff and Defendant and Defendant’s Board of
Directors, officers, management, and any advisory witnesses who are
directly assisting said attorneys in the preparation of this civil action);

d.

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

e.

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

f.

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

g.
h.

jurors and copying services; and

i.
7.

deponents, witnesses, or potential witnesses;

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,
and those individuals listed in Paragraph 6(c) above), 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 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. Exceptions to the
requirement of written acknowledgment should include experts, deponents and others by written
agreement of the parties.

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8.

Documents are designated as CONFIDENTIAL by marking them (in a manner

that will not interfere with their legibility) “CONFIDENTIAL.”
9.

Any party that wishes to file CONFIDENTIAL information with the Court must

move the Court to file such information under seal pursuant to D.C.COLO.LCivR 7.2.
10.

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.
11.

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 (10) business days after the time the notice is received, 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 in accordance with this Protective Order. In

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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.
12.

Within 30 days of the conclusion of this case, including any appeal, each party

shall return (and not retain) any documents designated by the other party as CONFIDENTIAL to
the designating party; in the alternative, such documents may be destroyed, with the consent of
the designating party.
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.
August 30
Dated: _____________ __, 2013.

By the Court:
___
U.S. District Judge
Craig B. Shaffer 
United States Magistrate Judge 

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So Stipulated:

s/John R. Olsen
John R. Olsen
Olsen & Brown, LLC
8362 Greenwood Drive
Niwot, Colorado 80503
Telephone: [phone]
E-mail: [e-mail]

s/Judith A. Biggs
Judith A. Biggs
HOLLAND & HART LLP
One Boulder Plaza
1800 Broadway, Suite 300
Boulder, Colorado 80302
Telephone: [phone]
E-mail: [e-mail]

ATTORNEYS FOR PLAINTIFF
Joseph Neguse
Holland & Hart LLP
555 Seventeenth St., Suite 3200
Post Office Box 8749
Denver, CO 80201-8749
Telephone: [phone]
Email: [e-mail]
ATTORNEYS FOR DEFENDANT

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