Magpul Industries, Corp. v. Brookshire Tool and Mfg. Company Inc. dba Promag Industries

Filing 40

STIPULATED PROTECTIVE ORDER by Judge R. Brooke Jackson on 4/2/14. (jdyne, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No.: 1:13-cv-01983-RBJ
MAGPUL INDUSTRIES, CORP.,
Plaintiff,
v.
BROOKSHIRE TOOL AND MFG. COMPANY, INC. dba PROMAG INDUSTRIES,
Defendants.

STIPULATED PROTECTIVE ORDER

1.

PURPOSES AND LIMITATIONS
Disclosure and discovery activity in this action are likely to involve production of confidential,

proprietary, or private information for which special protection from public disclosure and from use for
any purpose other than prosecuting this litigation may be warranted. Accordingly, the parties hereby
stipulate to and petition the Court to enter the following Stipulated Protective Order, which will govern
the parties’ and non-parties’ treatment of confidential, proprietary, and private information.
This Stipulated Protective Order is intended to comply with the Court’s Practice Standards and
the Local Rules of Practice of the United States District Court for the District of Colorado – Civil. To the
extent that anything contained herein conflicts with or is inconsistent with the Court’s Practice Standards
or the Local Rules of Practice of the United States District Court for the District of Colorado – Civil,
those standards and rules shall control.
The parties acknowledge that all documents filed with the Court and all proceedings held before
the Court are presumptively open to the public under D.C.COLO.LCivR 7.2 Accordingly, this Stipulated

Protective Order does not entitle the parties to automatically file restricted documents or hold closed
proceedings. Additionally, this Order does not confer blanket protections on all disclosures or responses
to discovery.

2.

DEFINITIONS
2.1

Challenging Party: a Party or Non-Party that challenges the designation of information or

items under this Order.
2.2

“CONFIDENTIAL” Information or Items: information (regardless of how it is generated,

stored or maintained) or tangible things that qualify for protection under Federal Rule of Civil Procedure
Rule 26(c).
2.3

Counsel (without qualifier): Outside Counsel of Record (as well as their support staff).

2.4

Designating Party: a Party or Non-Party that designates information or items that it

produces in disclosures or in responses to discovery as “CONFIDENTIAL” or “HIGHLY
CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
2.5

Disclosure or Discovery Material: all items or information, regardless of the medium or

manner in which it is generated, stored, or maintained (including, among other things, testimony,
transcripts, and tangible things), that are produced or generated in disclosures or responses to discovery in
this matter.
2.6

Expert: a person with specialized knowledge or experience in a matter pertinent to the

litigation who (1) has been retained by a Party or its counsel to serve as an expert witness or as a
consultant in this action, (2) is not a past or current employee of a Party or of a Party’s competitor, and (3)
at the time of retention, is not anticipated to become an employee of a Party or of a Party’s competitor.
2.7

“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or Items:

extremely sensitive “Confidential Information or Items,” disclosure of which to another Party or NonParty would create a substantial risk of serious harm that could not be avoided by less restrictive means.
2.8

Non-Party: any natural person, partnership, corporation, association, or other legal entity

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not named as a Party to this action.
2.9

Outside Counsel of Record: attorneys who are not employees of a party to this action but

are retained to represent or advise a party to this action and have appeared in this action on behalf of that
party or are affiliated with a law firm which has appeared on behalf of that party.
2.10

Party: any party to this action, including all of its officers, directors, employees,

consultants, retained experts, and Outside Counsel of Record (and their support staffs).
2.11

Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in

this action.
2.12

Professional Vendors: persons or entities that provide litigation support services (e.g.,

photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, storing, or
retrieving data in any form or medium) and their employees and subcontractors.
2.13

Protected Material: any Disclosure or Discovery Material that is designated as

“CONFIDENTIAL,” or as “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”
2.14

Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing

Party.

3.

SCOPE
The protections conferred by this Stipulation and Order cover not only Protected Material (as

defined above), but also (1) any information copied or extracted from Protected Material; (2) all copies,
excerpts, summaries, or compilations of Protected Material; and (3) any testimony, conversations, or
presentations by Parties or their Counsel that might reveal Protected Material. However, the protections
conferred by this Stipulation and Order do not cover the following information: (a) any information that is
in the public domain at the time of disclosure to a Receiving Party or becomes part of the public domain
after its disclosure to a Receiving Party as a result of publication not involving a violation of this Order,
as evidenced by a written document, including becoming part of the public record through trial or
otherwise; and (b) any information known to the Receiving Party prior to the disclosure or obtained by

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the Receiving Party after the disclosure from a source who obtained the information lawfully and under
no obligation of confidentiality to the Designating Party, as evidenced by a written document. Any use of
Protected Material at trial shall be governed by a separate agreement or order.

4.

DURATION
Even after final disposition of this litigation, the confidentiality obligations imposed by this Order

shall remain in effect until a Designating Party agrees otherwise in writing or a court order otherwise
directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and defenses in this
action, with or without prejudice; and (2) final judgment herein after the completion and exhaustion of all
appeals, rehearings, remands, trials, or reviews of this action, including the time limits for filing any
motions or applications for extension of time pursuant to applicable law.

5.

DESIGNATING PROTECTED MATERIAL
5.1

Exercise of Restraint and Care in Designating Material for Protection. Each Party or Non-

Party that designates information or items for protection under this Order must take care to limit any such
designation to specific material that qualifies under the appropriate standards. To the extent it is practical
to do so, the Designating Party must designate for protection only those parts of material, documents,
items, or oral or written communications that qualify – so that other portions of the material, documents,
items, or communications for which protection is not warranted are not swept unjustifiably within the
ambit of this Order.
Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown to be
clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily encumber or
retard the case development process or to impose unnecessary expenses and burdens on other parties)
expose the Designating Party to sanctions.
If it comes to a Designating Party’s attention that information or items that it designated for
protection do not qualify for protection at all or do not qualify for the level of protection initially asserted,
that Designating Party must promptly notify all other parties that it is withdrawing the mistaken

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designation.
5.2

Manner and Timing of Designations. Except as otherwise provided in this Order (see,

e.g., section 5.4 below), or as otherwise stipulated or ordered, Disclosure or Discovery Material that
qualifies for protection under this Order must be clearly so designated before the material is disclosed or
produced. Designation in conformity with this Order requires:
(a) for information in documentary form (e.g., paper documents, or electronic documents
in PDF or TIFF format, but excluding transcripts of depositions or other pretrial or trial proceedings), that
the Producing Party affix the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
ATTORNEYS’ EYES ONLY” to each page that contains protected material. If only a portion or portions
of the material on a page qualifies for protection, the Producing Party also must clearly identify the
protected portion(s) (e.g., by making appropriate markings in the margins) and must specify, for each
portion, the level of protection being asserted.
(b) for native electronic documents, that the Producing Party affix the legend
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to the document
files, document folders, or media containing the documents.
(c) for testimony given in deposition or in other pretrial or trial proceedings, that the
Designating Party identify (i) on the record, before the close of the deposition, hearing, or other
proceeding, or (ii) notify all parties in writing not later than 30 days after the date of the deposition of the
specific pages and lines of, all protected testimony and specify the level of protection being asserted. Only
those portions of the testimony that are appropriately designated for protection shall be covered by the
provisions of this Stipulated Protective Order. Alternatively, a Designating Party may specify, at the
deposition or in writing up to 30 days after the date of the deposition, that the entire transcript shall be
treated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”
Counsel for a Party or a Non-Party witness shall have the right to exclude from
depositions any person who is not authorized to access “CONFIDENTIAL” or “HIGHLY

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CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information of Items, as applicable, pursuant to this
Order, but such right of exclusion shall be applicable only during periods of examination or testimony
during which such inaccessible Protected Material is being used or discussed. The use of a document as
an exhibit at a deposition shall not in any way affect its designation as “CONFIDENTIAL” or “HIGHLY
CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”
Transcripts containing Protected Material shall have an obvious legend on the title page
that the transcript contains Protected Material, and the title page shall be followed by a list of all pages
(including line numbers as appropriate) that have been designated as Protected Material and the level of
protection being asserted by the Designating Party. The Designating Party shall inform the court reporter
of these requirements. Any transcript that is prepared before the expiration of the 30-day period for
designation shall be treated during that period as if it had been designated “HIGHLY CONFIDENTIAL –
ATTORNEYS’ EYES ONLY” in its entirety unless otherwise agreed. After the expiration of that period,
the transcript shall be treated only as actually designated.
(d) for information produced in some form other than documentary and for any other
tangible items, that the Producing Party affix in a prominent place on the exterior of the container or
containers in which the information or item is stored the legend “CONFIDENTIAL” or “HIGHLY
CONFIDENTIAL – ATTORNEYS’ EYES ONLY”. If only a portion or portions of the information or
item warrant protection, the Producing Party, to the extent practicable, shall identify the protected
portion(s) and specify the level of protection being asserted.
5.3

Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to designate

qualified information or items does not, standing alone, waive the Designating Party’s right to secure
protection under this Order for such material. Upon timely correction of a designation, the Receiving
Party must make reasonable efforts to assure that the material is treated in accordance with the provisions
of this Order.
5.4

Providing Documents for Inspection. A Party or Non-Party that makes documents or

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materials available for inspection need not designate them for protection until after the inspecting Party
has indicated which material it would like copied and produced. During the inspection and before the
designation, all of the material made available for inspection shall be deemed “HIGHLY
CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” After the inspecting Party has identified the
documents it wants copied and produced, the Producing Party must determine which documents, or
portions thereof, qualify for protection under this Order. Then, before producing the specified documents,
the Producing Party must designate any Protected Material in accordance with this Stipulated Protective
Order.

6.

CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1

Timing of Challenges. Any Party or Non-Party may challenge a designation of

confidentiality at any time. A Party does not waive its right to challenge a confidentiality designation by
electing not to mount a challenge promptly after the original designation is disclosed.
6.2

Meet and Confer. The Challenging Party shall initiate the dispute resolution process by

providing written notice of each designation it is challenging and describing the basis for each challenge.
To avoid ambiguity as to whether a challenge has been made, the written notice must recite that the
challenge to confidentiality is being made in accordance with this specific paragraph of the Protective
Order. The parties shall attempt to resolve each challenge in good faith and must begin the process by
conferring directly (in voice to voice dialogue; other forms of communication are not sufficient) within 14
days of the date of service of notice. In conferring, the Challenging Party must explain the basis for its
belief that the confidentiality designation was not proper and must give the Designating Party an
opportunity to review the designated material, to reconsider the circumstances, and, if no change in
designation is offered, to explain the basis for the chosen designation. In conferring, the parties shall
consider and discuss, but are under no obligation to agree to, preparing non-designated, redacted copies of
the challenged documents, with all or part of the designated material redacted. A Challenging Party may
proceed to the next stage of the challenge process only if it has engaged in this meet and confer process

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first or establishes that the Designating Party is unwilling to participate in the meet and confer process in
a timely manner.
6.3

Judicial Intervention. If the Parties cannot resolve a challenge without court intervention,

the Designating Party shall file and serve a motion to retain confidentiality within 21 days of the initial
notice of challenge or within 14 days of the parties agreeing that the meet and confer process will not
resolve their dispute, whichever is earlier. Each such motion must be accompanied by a competent
declaration affirming that the movant has complied with the meet and confer requirements imposed in the
preceding paragraph. Failure by the Designating Party to make such a motion including the required
declaration within 21 days (or 14 days, if applicable) shall automatically waive the confidentiality
designation for each challenged designation. In addition, the Challenging Party may file a motion
challenging a confidentiality designation at any time if there is good cause for doing so, including a
challenge to the designation of a deposition transcript or any portions thereof. Any motion brought
pursuant to this provision must be accompanied by a competent declaration affirming that the movant has
complied with the meet and confer requirements imposed by the preceding paragraph.
The burden of persuasion in any such challenge proceeding shall be on the Designating Party.
Frivolous challenges and those made for an improper purpose (e.g., to harass or impose unnecessary
expenses and burdens on other parties) may expose the Challenging Party to sanctions. Unless the
Designating Party has waived the confidentiality designation by failing to file a motion to retain
confidentiality as described above, all parties shall continue to afford the material in question the level of
protection to which it is entitled under the Producing Party’s designation until the court rules on the
challenge.

7.

ACCESS TO AND USE OF PROTECTED MATERIAL
7.1

Basic Principles. A Receiving Party may use Protected Material that is disclosed or

produced by another Party or by a Non-Party in connection with this case only for prosecuting, defending,
or attempting to settle this litigation. Such Protected Material may be disclosed only to the categories of

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persons and under the conditions described in this Order. When the litigation has been terminated, a
Receiving Party must comply with the provisions of section 14 below (FINAL DISPOSITION).
Protected Material must be stored and maintained by a Receiving Party at a location and in a
secure manner that ensures that access is limited to the persons authorized under this Order.
7.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by the

court or permitted in writing by the Designating Party, a Receiving Party may disclose any information or
item designated “CONFIDENTIAL” only to:
(a) the Receiving Party’s Outside Counsel of Record in this action, as well as employees
of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information for this
litigation and who have signed the “Acknowledgment and Agreement to Be Bound” that is attached
hereto as Exhibit A;
(b) the officers, directors, and employees of the Receiving Party to whom disclosure is
reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement to Be
Bound” (Exhibit A);
(c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is
reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement to Be
Bound” (Exhibit A);
(d) the court and its personnel;
(e) court reporters and their staff, professional jury or trial consultants, and Professional
Vendors to whom disclosure is reasonably necessary for this litigation and who have signed the
“Acknowledgment and Agreement to Be Bound” (Exhibit A);
(f) the author or recipient of a document containing the information or a custodian or
other person who otherwise possessed or knew the information.
7.3

Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information

or Items. Unless otherwise ordered by the court or permitted in writing by the Designating Party, a

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Receiving Party may disclose any information or item designated “HIGHLY CONFIDENTIAL –
ATTORNEYS’ EYES ONLY” only to:
(a) the Receiving Party’s Outside Counsel of Record in this action, as well as employees
of said Outside Counsel of Record to whom it is reasonably necessary to disclose the information for this
litigation and who have signed the “Acknowledgment and Agreement to Be Bound” that is attached
hereto as Exhibit A;
(b) Experts of the Receiving Party (1) to whom disclosure is reasonably necessary for
this litigation, (2) who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), and
(3) as to whom the procedures set forth in paragraph 7.4, below, have been followed;
(c) the court and its personnel;
(d) court reporters and their staff, professional jury or trial consultants, and Professional
Vendors to whom disclosure is reasonably necessary for this litigation and who have signed the
“Acknowledgment and Agreement to Be Bound” (Exhibit A); and
(e) the author or recipient of a document containing the information or a custodian or
other person who otherwise possessed or knew the information.
7.4

Procedures for Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

ONLY” Information or Items to Designated Experts. Before disclosing “HIGHLY CONFIDENTIAL –
ATTORNEYS’ EYES ONLY” Information or Items to an Expert (as defined in this Order), a Party shall
provide to all parties written notice of the Expert’s designation consisting of: (1) the full name of the
Expert and the city and state of his or her primary residence and (2) a copy of the Expert’s current resume
or CV. If a Party in good faith disagrees with the disclosure of Protected Material to the Expert, the
parties shall first confer to resolve the dispute in good faith. If the dispute cannot be resolved, the
objecting Party shall have 14 days from the date of the notice file a motion for protective order to limit
disclosure of Protected Material to the Expert. The objecting Party shall have the burden of demonstrating
a sufficient justification for limiting disclosure to the Expert. Upon the timely filing of such a motion, no

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disclosure of Protected Material shall be made to the Expert pending the court’s ruling on the motion.

8.

PROSECUTION BAR
Absent written consent from the Producing Party, any individual who receives access to

“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” information shall not be involved in the
prosecution of patents or patent applications relating to ammunition magazines, including without
limitation the patents asserted in this action and any patent or application claiming priority to or otherwise
related to the patents asserted in this action, before any foreign or domestic agency, including the United
States Patent and Trademark Office (“the Patent Office”). For purposes of this paragraph, “prosecution”
includes directly or indirectly drafting, amending, advising, or otherwise affecting the scope or
maintenance of patent claims. To avoid any doubt, “prosecution” as used in this paragraph does not
include representing a party challenging or defending a patent before a domestic or foreign agency
(including, but not limited to, a reissue protest, ex parte reexamination, inter partes reexamination, or
interference). This Prosecution Bar shall begin when access to “HIGHLY CONFIDENTIAL –
ATTORNEYS’ EYES ONLY” information is first received by the affected individual and shall end two
(2) years after final termination of this action.

9.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER

LITIGATION
If a Party is served with a subpoena or a court order issued in other litigation that compels
disclosure of any information or items designated in this action as “CONFIDENTIAL” or “HIGHLY
CONFIDENTIAL – ATTORNEYS’ EYES ONLY” that Party must:
(a) promptly notify in writing the Designating Party. Such notification shall include a
copy of the subpoena or court order;
(b) promptly notify in writing the party who caused the subpoena or order to issue in the
other litigation that some or all of the material covered by the subpoena or order is subject to this
Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and

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(c) cooperate with respect to all reasonable procedures sought to be pursued by the
Designating Party whose Protected Material may be affected.

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If the Designating Party timely seeks a protective order, the Party served with the
subpoena or court order shall not produce any information designated in this action as
“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” before a
determination by the court from which the subpoena or order issued, unless the Party has obtained the
Designating Party’s permission. The Designating Party shall bear the burden and expense of seeking
protection in that court of its confidential material – and nothing in these provisions should be construed
as authorizing or encouraging a Receiving Party in this action to disobey a lawful directive from another
court.

10.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS

LITIGATION
(a)

The terms of this Order are applicable to information produced by a Non-Party in

this action and designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
EYES ONLY”. Such information produced by Non-Parties in connection with this litigation is protected
by the remedies and relief provided by this Order. Nothing in these provisions should be construed as
prohibiting a Non-Party from seeking additional protections.
(b)

In the event that a Party is required, by a valid discovery request, to produce a

Non-Party’s confidential information in its possession, and the Party is subject to an agreement with the
Non-Party not to disclose the Non-Party’s confidential information, such agreement does not operate to
relieve the Party from its discovery obligations.
(c)

If a Party receives a valid discovery request to produce a Non-Party’s

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The purpose of imposing these duties is to alert the interested parties to the existence of this
Protective Order and to afford the Designating Party in this case an opportunity to try to protect
its confidentiality interests in the court from which the subpoena or order issued.

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confidential information in its possession, and the Party believes it cannot disclose the Non-Party’s
confidential information under a confidentiality agreement with the Non-Party, and the agreement
contains no procedures or conditions relating to notifying the Non-Party about such discovery request, the
Party shall:
1.

promptly notify in writing the Non-Party that some or all of the information

requested is subject to the confidentiality agreement with the Non-Party;
2.

promptly provide the Non-Party with a copy of the Stipulated Protective Order in

this litigation, the relevant discovery request(s), and a reasonably specific description of the information
requested; and
3.

make the information requested available for inspection by the Non-Party.

(d)

The Receiving Party or the Non-Party may object or seek a protective order from

this court relating to the Non-Party’s confidential information within the timelines set by the Federal
Rules of Civil Procedure. If the Receiving Party or the Non-Party objects or seeks a protective order, the
Receiving Party shall not produce any information in its possession or control that is subject to the
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confidentiality agreement with the Non-Party before a determination by the court. If neither the

Receiving Party nor the Non-Party objects or seeks a protective order, the Receiving Party may produce
the Non-Party’s confidential information responsive to the discovery request. Absent a provision
allocating expenses in the confidentiality agreement or a court order to the contrary, the Non-Party shall
bear the burden and expense of seeking protection in this court of its Protected Material.

11.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected

Material to any person or in any circumstance not authorized under this Stipulated Protective Order, the
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The purpose of this provision is to alert the interested parties to the existence of confidentiality
rights of a Non-Party and to afford the Non-Party an opportunity to protect its confidentiality
interests in this court.

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Receiving Party must immediately (a) notify in writing the Designating Party of the unauthorized
disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected Material, (c) inform
the person or persons to whom unauthorized disclosures were made of all the terms of this Order, and (d)
request such person or persons to execute the “Acknowledgment and Agreement to Be Bound” that is
attached hereto as Exhibit A.

12.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED

MATERIAL
When a Producing Party gives notice to Receiving Parties that certain inadvertently
produced material is subject to a claim of privilege or other protection, the obligations of the Receiving
Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision is not intended
to modify whatever procedure may be established in an e-discovery order that provides for production
without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the parties
reach an agreement on the effect of disclosure of a communication or information covered by the
attorney-client privilege or work product protection, the parties may incorporate their agreement in the
stipulated protective order submitted to the court.

13.

MISCELLANEOUS
13.1

Right to Further Relief. Nothing in this Order abridges the right of any person to seek its

modification by the court in the future.
13.2

Right to Assert Other Objections. By stipulating to the entry of this Protective Order no

Party waives any right it otherwise would have to object to disclosing or producing any information or
item on any ground not addressed in this Stipulated Protective Order. Similarly, no Party waives any right
to object on any ground to use in evidence of any of the material covered by this Protective Order.
13.3

Export Control. Disclosure of Protected Material shall be subject to all applicable laws

and regulations relating to the export of technical data contained in such Protected Material, including the
release of such technical data to foreign persons or nationals in the United States or elsewhere. The

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Producing Party shall be responsible for identifying any such controlled technical data, and the Receiving
Party shall take measures necessary to ensure compliance.
13.4

Filing Protected Material. The Parties may freely file (i) documents that do not contain or

constitute Protected Material and (ii) if agreed upon by both Parties, redacted copies of documents that
contain or constitute Protected Material. Before filing any document that contains or constitutes
Protected Material, the filing Party shall inform the Designating Party that it intends to file the Protected
Material and initiate the procedures outlined in Section 6 to remove the confidentiality designation or
obtain a narrow court order restricting public access pursuant to D.C. COLO.LCivR 7.2. If the filing
Party initiates the procedures in Section 6, then it remains the Designating Party’s responsibility to file a
motion to retain confidentiality. However, nothing in this section restricts or prevents the filing Party
from challenging the designation as outlined in Section 6 or obtaining the narrow court order restricting
public access to the Protected Material.

14.

FINAL DISPOSITION
Within 120 days after the final disposition of this action, as defined in paragraph 4, each

Receiving Party must return all Protected Material to the Producing Party or destroy such material. As
used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations, summaries,
and any other format reproducing or capturing any of the Protected Material. Whether the Protected
Material is returned or destroyed, the Receiving Party must submit a written certification to the Producing
Party (and, if not the same person or entity, to the Designating Party) by the 60-day deadline that (1)
identifies (by category, where appropriate) all the Protected Material that was returned or destroyed and
(2) affirms that the Receiving Party has not retained any copies, abstracts, compilations, summaries or any
other format reproducing or capturing any of the Protected Material. Notwithstanding this provision,
Counsel are entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, and
hearing transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert reports,
attorney work product, and consultant and expert work product, even if such materials contain Protected

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Material. Any such archival copies that contain or constitute Protected Material remain subject to this
Protective Order as set forth in Section 4 (DURATION).
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

DATED: March 12, 2014__________ /s/ Marcel F. De Armas_________________________
Attorneys for Plaintiff

DATED: March 12, 2014__________ /s/ Jason Whitney______________________________
Attorneys for Defendant
PURSUANT TO STIPULATION, IT IS SO ORDERED.

DATED: April 2, 2014
Judge R. Brooke Jackson
United States District Judge

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EXHIBIT A
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
I, _____________________________ [print or type full name], of _________________
[print or type full address], declare under penalty of perjury that I have read in its entirety and understand
the Stipulated Protective Order that was issued by the United States District Court for the District of
Colorado on [date] in the case of ___________ [insert formal name of the case and the number and
initials assigned to it by the court]. I agree to comply with and to be bound by all the terms of this
Stipulated Protective Order and I understand and acknowledge that failure to so comply could expose me
to sanctions and punishment in the nature of contempt. I solemnly promise that I will not disclose in any
manner any information or item that is subject to this Stipulated Protective Order to any person or entity
except in strict compliance with the provisions of this Order.
I further agree to submit to the jurisdiction of the United States District Court for the
District of Colorado for the purpose of enforcing the terms of this Stipulated Protective Order, even if
such enforcement proceedings occur after termination of this action.
I hereby appoint __________________________ [print or type full name] of
_______________________________________ [print or type full address and telephone number] as my
Colorado agent for service of process in connection with this action or any proceedings related to
enforcement of this Stipulated Protective Order.

Date: _________________________________
City and State where sworn and signed: _________________________________
Printed name: ______________________________
[printed name]
Signature: __________________________________
[signature]

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