Dawson, et al v. Goldman Sachs & Co.
PROTECTIVE ORDER by Magistrate Judge Kathleen M. Tafoya on 9/19/14. (sgrim)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:13-cv-02030-CMA-KMT
CLINTON J. DAWSON, and
GOLDMAN, SACHS & CO.,
Upon a showing of good cause in support of the entry of a protective order to
protect the discovery and dissemination of confidential and proprietary information or
information which will improperly annoy, embarrass, oppress, or unduly burden any
party, witness, or person providing discovery or to whom discovery pertains in this case,
IT IS ORDERED:
This Protective Order shall apply to all documents, materials, and
interrogatories, responses to requests for admission, deposition testimony, and other
information disclosed pursuant to the disclosure or discovery duties created by the
Federal Rules of Civil Procedure.
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.
Information designated “CONFIDENTIAL” shall be information that is
confidential, proprietary, personal financial information, or implicates common law and
statutory privacy interests of the parties to this litigation or any other person entitled to
protection under Fed. R. Civ. P. 26(c), including, without limitation, personal financial
information, account information, private social security numbers, and other private
identifying information. CONFIDENTIAL information also includes (1) any information
copied or extracted from information designated CONFIDENTIAL; (2) all copies,
excerpts, summaries, or compilations of CONFIDENTIAL information; (3) any testimony,
conversations, or presentations by the parties or their counsel that might reveal
CONFIDENTIAL information. Any party, intervening party, or third party from whom
discovery is sought may designate information produced in this lawsuit as
CONFIDENTIAL. Information may only be designated as CONFIDENTIAL within the
terms of this Order after review by an attorney for the designating party or person who
will certify that said designation is based on a good faith belief that the information is
confidential or otherwise entitled to protection, as required by Gillard v. Boulder Valley
School District, 196 F.R.D. 382, 386 (D. Colo. 2000).
CONFIDENTIAL information shall not be disclosed or used for any
purpose except the preparation and trial of this case.
CONFIDENTIAL documents, materials, and information (collectively,
“CONFIDENTIAL information”) shall not, without the consent of the party producing or
designating it, or further Order of the Court, be disclosed, except that such information
may be disclosed to:
attorneys actively working on this civil action;
persons regularly employed or associated with the attorneys
actively working on this civil action whose assistance is required by said
attorneys in the preparation for trial, at trial, or at other proceedings in this
the parties (including designated representatives for each party);
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;
the Court and its employees (“Court Personnel”);
necessarily incident to the conduct of this civil action;
deponents, witnesses, or potential witnesses; and
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), counsel shall provide such person with a copy of this Protective
Order and shall make an appropriate record of such delivery.
Documents are designated as CONFIDENTIAL by placing or affixing on
them (in a manner that will not interfere with their legibility) the following or other
appropriate notice: “CONFIDENTIAL”.
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.
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 the material is treated in
accordance with the provisions of this Protective Order.
The terms of this order are applicable to information produced by a non-
party in this action and designated as CONFIDENTIAL. Such information produced by
non-parties in connection with this litigation is protected by the remedies and relief
provided by this Protective Order. Nothing in these provisions should be construed as
prohibiting a non-party from seeking additional protections.
A party may object to the designation of particular CONFIDENTIAL
information by giving written notice to the person designating the disputed information.
The written notice shall identify the information to which the objection is made. If the
parties and relevant non-parties cannot resolve the objection within fourteen (14) days
after the time the notice is received, it shall be the obligation of the party or other person
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 person 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 connection with a motion filed under this provision, the party or
other person designating the information as CONFIDENTIAL shall bear the burden of
establishing that good cause exists for the disputed information to be treated as
Documents, materials, information, interrogatory answers, and depositions
designated as CONFIDENTIAL, when filed with pleadings or offered as evidence at any
hearing or trial, shall be delivered sealed to the Clerk of the Court, and shall not be
available for public inspection.
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 or person that designated it
CONFIDENTIAL, or the parties may elect to destroy CONFIDENTIAL documents.
Where the parties agree to destroy CONFIDENTIAL documents, the destroying party
shall provide all parties and any other designating person with an affidavit confirming
The termination of proceedings in this action shall not thereafter relieve
the parties from the obligation of maintaining the confidentiality of the documents,
materials, and information designated as “CONFIDENTIAL” that are received pursuant
to this Protective Order.
If a receiving party learns that, by inadvertence or otherwise, it has
disclosed CONFIDENTIAL information to any person or in any circumstance not
authorized under the order, the receiving party must immediately (a) notify in writing the
designating party or person of the unauthorized disclosures, (b) use its best efforts to
retrieve all unauthorized copies of the CONFIDENTIAL material, and (c) inform the
person or persons to whom unauthorized disclosures were made of all the terms of this
When a producing party or person 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 Fed. R. Civ. P.
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
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.
SO ORDERED this 19th day of September, 2014.
BY THE COURT:
Kathleen M. Tafoya
United States Magistrate Judge
APPROVED AS TO FORM:
By: s/ Bruce A. Featherstone
Bruce A. Featherstone
FEATHERSTONE DESISTO LLC
1430 Wynkoop Street, Suite 201
Denver, CO 80202
Telephone: (303) 626-7100
By: s/ Blair K. Drazic
Blair K. Drazic
1005 N. 12th Street, Suite 201
Grand Junction, CO 81501
Telephone: (970) 812-3537
Attorneys for plaintiffs
Attorneys for defendant Goldman, Sachs &
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