Northglenn LLC v. Travelers Property & Casualty Company of America
STIPULATED PROTECTIVE ORDER filed by Plaintiff Northglenn, LLC and Defendant Travelers Property and Casualty Company of America, by Judge Richard P. Matsch on 7/23/15. (ktera)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-01904-RPM
TRAVELERS PROPERTY AND CASUALTY COMPANY OF AMERICA
STIPULATED PROTECTIVE ORDER
The Court finds:
WHEREAS, certain information that is or may be produced and/or sought by discovery
requests in this action may constitute confidential or proprietary information, trade secrets or
other confidential research development or commercial information within the meaning of Fed.
R. Civ. P. 26(c)(1)(G); and that Discovery will be facilitated if the parties are allowed to produce
such information under a protective order pursuant to Fed. R. Civ. P. 26(c).
WHEREAS, pursuant to F.R.C.P. 26(c) and D.C.COLO.LCivR 30.2 and as stipulated by
the parties, the Court deems it appropriate to limit disclosure of certain confidential information,
as set forth below,
IT IS HEREBY ORDERED THAT:
This Order applies to all products of discovery and all information derived
therefrom, including, but not limited to, all documents and deposition testimony and any copies,
excerpts or summaries thereof, and all written, recorded, or graphic material produced, obtained
or created by any party or other person pursuant to the requirements of any court order, requests
for production of documents, requests for admissions, interrogatories, subpoenas, agreements or
any other materials stamped confidential in accordance with this order.
To be treated as confidential under this order, confidential documents must be
designated as “Confidential—Subject to Protective Order.” “Confidential Information” means
information or documents of any kind that are designated as ““Confidential—Subject to
Protective Order” based on the designating party’s good faith belief that the information or
Contain trade secret information, as defined by the Colorado Uniform
Trade Secrets Act, C.R.S. §§ 7-74-101 et seq. and case law interpreting the statute, or other
Contain confidential, technical, commercial, financial or business
information that does not meet the statutory definition of a “trade secret” but that, like a trade
secret, will lose a substantial portion or all of its value if disclosed to the general public; or
Contain individuals’ personal financial information or social security
Confidential discovery material will be used only for the litigation of this
action (“Litigation”), including any appeals of this litigation. Confidential discovery material
will not be disclosed except in accordance with paragraphs 4, 6 and 8.
Prior to being given access to stamped confidential documents, any person
falling within subparagraphs 6(a)(iv), 6(a)(v) or 6(a)(vii) shall be provided with a copy of this
Order and shall execute a copy of the Endorsement of Stipulation and Protective Order, attached
as Exhibit A. Counsel providing such access to stamped confidential documents shall retain
copies of the Endorsement(s) of Stipulation and Protective Order and shall provide them to
counsel producing stamped confidential documents as provided below. For testifying experts, a
copy of the Endorsement of Stipulation and Protective Order executed by the testifying expert
shall be furnished to counsel for the party who produced the stamped confidential documents to
which the expert has access, either at the time the confidential material is provided to the
testifying expert, or at the time the expert’s designation is served, whichever is later.
Stamped confidential documents shall have the following language stamped on
each page that contains confidential information, or shall otherwise have such language clearly
CONFIDENTIAL—SUBJECT TO PROTECTIVE ORDER
Such stamping or marking will take place prior to production by the producing party, or
subsequent to selection by the receiving party for copying but prior to the actual copying if done
expeditiously. The stamp or marking shall be affixed or placed in such a manner as to not
obliterate or obscure any written matter. In the case of deposition testimony, confidentiality
designations shall be made within 30 days after the date this order is entered or within 30 days
after the taking of such deposition, whichever shall occur later, and shall specify the testimony
designated confidential by page and line number(s). Until the expiration of such 30 day period,
the entire text of the deposition, excluding documents previously produced and not marked
confidential, shall be treated as confidential under this Order. Should no designation be made
during the 30 day period, then the entirety of the deposition shall not be considered confidential.
Stamped confidential documents shall be used solely for the purposes of this
litigation and for no other purpose without prior written approval from the Court or the prior
written consent of the producing party or person. All persons receiving or given access to
stamped confidential documents in accordance with the terms of this Order consent to the
continuing jurisdiction of the Court for the purposes of enforcing this Order and remedying any
Stamped confidential documents shall not be disclosed to anyone other
than the following categories of persons:
The Court (and any appellate court), including court personnel,
jurors, and alternate jurors only in the manner provided in paragraph 8 below;
If produced by Plaintiff, the named Defendant to this litigation,
including Defendant’s officers, directors, agents, employees, insurers, reinsurers, lawyers, and
auditors to whom knowledge of such material is necessary for the preparation and trial of this
case or as required in the normal course of business, and Defendant’s attorneys in this litigation,
including the paralegal, clerical, secretarial, and other staff employed or retained by such
If produced by Defendant, Plaintiff’s attorneys in this litigation,
including the paralegal, clerical, secretarial, and other staff employed or retained by such counsel
and employees and the named Plaintiff to this action, including its employees and agents
provided that such employees and agents sign Ex. A.;
Court reporters (including persons operating video recording
equipment at depositions) and persons preparing transcripts of testimony to the extent necessary
to prepare such transcripts;
Retained experts, advisors and consultants, including persons
directly employed by such experts, advisors and consultants, (collectively “Experts”) but only to
the extent reasonably considered necessary to perform their work in connection with this
The persons who authored the stamped confidential documents or
who received such stamped confidential documents in the ordinary course of business;
Any Special Masters and/or mediators appointed by the Court and
their respective staff and/or an private mediators utilized in this case; and
Such persons as the parties’ counsel shall consent to in writing
before the proposed disclosure.
All parties and their respective counsel, paralegals, employees and
assistants receiving stamped confidential documents or material shall take all steps reasonably
necessary to prevent the disclosure of stamped confidential documents other than in accordance
with the terms of this Order.
Disclosure of stamped confidential documents other than in accordance
with the terms of this Order may subject the disclosing person to such sanctions and remedies as
the Court may deem appropriate, including, without limitation, contempt, injunctive relief, and
If at any time a party wishes for any reason to dispute a designation of
stamped confidential documents as confidential hereunder, such party shall notify the
designating party of such dispute in writing, specifying the exact document numbers of the
stamped confidential documents in dispute and the precise nature of the dispute with regard to
each such stamped confidential document. If the parties are unable to resolve the dispute, the
proponent of confidentiality shall apply by motion to the Court for a ruling as to whether or not
the stamped confidential documents are entitled to confidential status or protection, provided
such motion is made within 30 days from the date on which the parties, after a good faith
attempt, cannot resolve the dispute or such other time period as the parties may agree. The Court
will deny the motion unless the proponent of confidentiality shows that there is good cause for
the document to have such protection, or in the event that the Court determines that the
document should not have been labeled confidential.
All stamped confidential documents, whether or not such designation is in
dispute pursuant to subparagraph 7(a) above, shall retain that designation and be treated as
confidential in accordance with the terms hereof unless and until:
the time period for filing a Motion for Protective Order set forth in
paragraph 7(a) has expired without the filing of any such motion;
the producing party agrees in writing that the material is no longer
confidential and subject to the terms of this Order; or
ten days after the expiration of the appeal period (or such longer
time as ordered by this Court) of an Order of this court that the matter shall not be entitled to
confidential status if the Order on appeal is not subject to a stay.
The parties shall comply with D.C.COLO.LCivR 7.1 and negotiate in
good faith before filing any motion relating to this Order.
Except as provided for herein, nothing in this Order shall prevent or
restrict counsel for any party in any way from retaining control over disclosure of its own
confidential materials, including that party’s right to inspect, review or use materials produced
by that party, including discovery material designated as confidential;
Nothing shall prevent disclosure beyond that required under this Order if
the producing party consents in writing to such disclosure, or if the Court, after notice to all
affected parties, orders such disclosure and that Order is not subject to any appellate stay within
20 days after it is issued.
Prior to filing any pleading, motion, or other paper with the Court that contains or
discloses any documents or information designated as confidential by the non-filing party, the
party seeking to make such filing will meet and confer with the designating party concerning the
treatment of confidential documents and information in the filing. Absent written agreement by
the parties to the contrary, any stamped confidential document that is filed with the Court, and
any pleading, motion, or other paper filed with the Court containing or disclosing any stamped
confidential documents or information therefrom shall be accompanied by a motion to restrict
setting forth the matters required by D.C.COLO.LCivR 7.2(c), with a cover page stating:
THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION
COVERED BY A PROTECTIVE ORDER OF THE COURT AND IS
SUBMITTED UNDER SEAL PURSUANT TO THAT PROTECTIVE
ORDER. THE CONFIDENTIAL CONTENTS OF THIS DOCUMENT
MAY NOT BE DISCLOSED WITHOUT THE EXPRESS ORDER OF THE
The parties will collaborate on the content of the motion to restrict such that the
designating party is provided an opportunity to set forth all grounds supporting restriction under
D.C.COLO.LCivR 7.2(c). Provided sufficient basis is shown to restrict public access to the
document pursuant to D.C.COLO.LCivR 7.2(c), said stamped confidential documents and/or
papers containing information therefrom shall be kept under seal until further order of the Court;
however, said stamped confidential documents and/or papers containing information therefrom
filed under seal shall be available to the Court and counsel of record, and to all other persons
entitled to receive the confidential information contained therein under the terms of this Order.
This Order shall not enlarge or affect the proper scope of discovery in this or any
other litigation, nor shall this Order imply that stamped confidential documents are properly
discoverable, relevant or admissible in this or any other litigation. Each party reserves the right
to object to any disclosure of stamped confidential documents and/or information therefrom that
the producing party designates as stamped confidential documents on any other ground it may
The entry of this Order shall be without prejudice as to the rights of the parties, or
any one of them, or of any non-party to assert or apply for additional or different protection.
All parties and counsel for such parties in this litigation shall make a good faith
effort to ensure that their experts, employees, and agents comply fully with this Order. In the
event of a change in counsel, retiring counsel shall fully instruct new counsel of their
responsibilities under this Order.
The terms of this Order shall survive and remain in effect after the termination of
this litigation. The parties shall take such measures as necessary and appropriate to prevent the
public disclosure of stamped confidential documents and/or information therefrom, through
inadvertence or otherwise, after the conclusion of this litigation.
Within 60 days after notice by producing party and the termination of this
litigation (including any appeals) or such other time as the producing party may agree in writing,
the parties shall return all stamped confidential documents (and all copies thereof) to counsel for
the producing party, with the exception of any materials that would be protected by the work
If a receiving party or its counsel or expert is served with a subpoena or other
process by any court, administrative or legislative body, or any other person or organization
which calls for production of any stamped confidential documents produced by another party, the
party to whom the subpoena or other process is directed shall not, to the extent permitted by
applicable law, provide or otherwise disclose such documents until 10 business days after
notifying counsel for the producing party in writing of the existence of the subpoena and
providing counsel for the producing party with a copy of the subpoena. If the producing party
files a motion to quash or other proceeding to prevent the production of stamped confidential
documents, the party or person to whom the subpoena or other process is directed will not
oppose such motion or proceeding.
Inadvertent production of documents that would otherwise be subject to
designation as “Confidential—Subject to Protective Order” pursuant to the terms of this order,
made by a party after signing this stipulation and in connection with this lawsuit only, shall not
constitute a waiver of the right of the producing party to mark the document as “Confidential—
Subject to Protective Order,” provided that the producing party promptly notifies the receiving
party in writing of such inadvertently produced documents and all copies thereof. Provided the
party has a good faith belief that the item falls within Fed.R.Civ.P. 26(c)(1)(G), the producing
party may, subsequent to such inadvertent production, notify the receiving party that the
inadvertently produced document should be designated as “Confidential—Subject to Protective
Order.” Following notification by the producing party, the receiving party shall treat the
inadvertently produced document as if it had been designated as “Confidential—Subject to
Protective Order” prior to production and the terms of this Order shall apply to such document.
To the extent that there is a good faith dispute, the parties agree to treat the materials as
Confidential Information until the dispute can be addressed by the Court.
This order does not restrict or limit the use of stamped confidential documents at
any hearing or trial, which proceedings are expected to be the subject of a further protective
order and/or appropriate court orders. Prior to any hearing or trial at which the use of stamped
confidential documents is anticipated, the parties shall meet and confer regarding the use of
stamped confidential documents. If the parties cannot agree, the parties shall request that the
Court rule on such procedures.
This Order only applies to Confidential Information disclosed or produced in this
case. This Order shall not prevent any persons bound hereby from making use of information or
documents without the restrictions of this Order if the information or documents are lawfully in
their possession and/or lawfully obtained through discovery in this litigation or there has been a
final judgment (including any appeal therefrom) declaring that such information or documents
are not confidential in this or any other case.
This Protective Order may be amended by the written agreement of counsel for
the parties in the form of a stipulation for the Court’s consideration.
Nothing in this Order shall limit or circumscribe in any manner, any rights the
parties may have under common law or pursuant to any statute, regulation or ethical cannon.
IT IS SO ORDERED.
Dated this 23rd day of July, 2015.
BY THE COURT:
s/Richard P. Matsch
Richard P. Matsch
Senior United States District Court Judge
APPROVED AS TO FORM:
THE FRANKL LAW FIRM, P.C.
SNELL & WILMER L.L.P.
s/ Keith Frankl
7400 E. Orchard Road, Suite 225 S
Greenwood Village, Colorado 80111
s/Thomas H. Blomstrom
Amy M. Samberg
Thomas H. Blomstrom
1200 17th Street, Suite 1900
Denver, Colorado 80202
Attorneys for Plaintiff Northglenn, LLC
Attorneys for Defendant Travelers Property
and Casualty Company of America
Endorsement of Stipulation and Protective Order
I, _________________________________, have read the Protective Order filed in the case of
Northglenn LLC v. Travelers Indemnity Company, and agree to abide by the provisions set forth
in that order.
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