Cope v. Packaging Corp of America
Filing
16
STIPULATED PROTECTIVE ORDER by Judge R. Brooke Jackson on 3/24/14. (jdyne, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-01918-RBJ
ANGELA COPE,
Plaintiff,
vs.
PACKAGING CORP. OF AMERICA,
Defendant.
STIPULATED PROTECTIVE ORDER
Under Rules 26(c) and 26(c)(7), FED. R. CIV. P., 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 concerns
private financial or medical information of Plaintiff Angela Cope (“Plaintiff”); or
confidential business information about Packaging Corp. of America (“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 a lawyer 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 Stipulated 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 given to all counsel of record within thirty (30)
days after notice by the court reporter of the completion of the transcript.
7.
The parties recognize 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
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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. All Confidential Information designated
“Confidential” may be reviewed only by the following persons (subject to Paragraph
11 of this Order):
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, management, and any advisory
witnesses who are directly assisting said attorneys in the
preparation of this case;
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.
deponents, witnesses or potential witnesses; and
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h.
8.
other persons by written agreement of the parties.
Subject to Paragraph 11 of this Order, 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, 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.
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
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to file an appropriate motion or to contact the Judge’s chambers, as may be required
by the Judge’s Practice Standards and/or section 8 of the Scheduling Order [Doc.
14] before filing a motion, within eleven (11) days of the end of the above-described
ten-day period 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 or contact with the Judge’s chambers is timely made, 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 or contact the Judge’s chambers 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.
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. Information filed with the Court will generally be available to
the public. Restriction of public access is appropriate for such things as Social
Security numbers, residential addresses and true trade secrets and may be
appropriate for other categories such as criminal histories and medical information,
but the parties shall consider and confer about the possibility of redacting documents
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containing Confidential Information before filing such documents with the Court. If it
is critical that the Court see the information, then the parties may request a narrow
order restricting public access and show good cause to support such a request.
12.
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 returned to the party that designated it Confidential
Information, or the parties may elect to destroy Confidential Information. Where the
parties agree to destroy Confidential Information, the destroying party shall provide
all parties with an affidavit confirming the destruction.
13.
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 this 24th day of March, 2014.
BY THE COURT:
R. Brooke Jackson
United States District Judge
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So Stipulated:
s/Robert M. Liechty__________
Robert M. Liechty
Cross Liechty Lane PC
7100 E. Belleview Ave., Suite G-11
Greenwood Village, CO 80111
Telephone: 303-333-4122
E-mail: rliechty@crossliechty.com
s/Emily Hobbs-Wright
Emily Hobbs-Wright
HOLLAND & HART LLP
555 Seventeenth St., Suite 3200
Denver, CO 80201-8749
Telephone: 303-295-8584
Fax: 303-672-6505
E-mail: ehobbswright@hollandhart.com
ATTORNEYS FOR PLAINTIFF
Brian M. Mumaugh
HOLLAND & HART LLP
6380 South Fiddler’s Green Circle
Suite 500
Greenwood Village, CO 80111
Telephone: (303) 290-1600
Facsimile: (303) 290-1606
ATTORNEYS FOR DEFENDANT
6741115_1
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