JAH IP Holdings, LLC et al v. Mascio et al

Filing 43

STIPULATED PROTECTIVE ORDER by Magistrate Judge Kristen L. Mix on 2/25/14. (lag)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

JAH IP HOLDINGS, LLC and
JH INVESTMENTS, LLC,

)

Case No. 1:13-cv-0219S-MSK-KLM

)
)

Plaintiffs,

)

v.

DAVID MASCIO,
NARDI CAPITALE, LLC,
DELLA PAROLA CAPITAL
RESEARCH, LLC, and
DELLA PAROLA HOLDLING
COMPANY, LLC,
Defendants.

STIPULATED PROTECTIVE ORDER

Upon stipulation of the parties for an order pursuant to Fed. R. Civ.

P.

26(c) that trade secret or other confidential information be disclosed onlv in
designated ways:

1.

As used in this Stipulated Protective Order, these terms have the

following meanings:

(a)

"Attorneys" means counsel of record;

(b)

"Confidential" documents are documents designated pursuant to

paragraph 2;

(c)

"Confidential

-

Attorneys' Eyes Only'' documents are the subset of

Confidential documents designated pursuant to paragraph 5;

(d) "Outside Vendors" means messenger, copy, coding, and

other

clerical-services vendors not employed by a party or its Attorneys; and

(e) "Written

Assurance" means

an executed document in the

form

attached as Exhibit A.

2.

If a party has a good faith belief that certain documents or other

materials or information subject to disclosure pursuant to a discovery or other
request are confidential and should not be disclosed other than in connection

with this action pursuant to Fed. R. Civ. P.26(cl, the party shall designate the
document or other materials as "Confidential."

3.

All Confidential documents, along with the information contained

in the documents, shall be used

solely for the purpose of this action, and no

person receiving such documents shall, directly or indirectly, use, transfer,
disclose, or communicate

in any way the documents or their contents to any

person other than those specified in paragraph

4. Any other

use is prohibited.

4.

Access to anv Confidential document shall be limited to:

(a)

the Court and its staff;

(b)

Attorneys, their law firms, and their Outside Vendors;

(c)

persons or entities shown on the face of the document to have
created, authored or received it;

(d)

court reporters retained to transcribe testimony and

persons

operating video recording equipment at depositions;
(e)

the parties, including their officers, directors, and employees;

(f)

outside independent persons (i.e., persons not currently or
formerly employed by, consulting with, or otherwise associated

with any party) who are retained by a party or its Attorneys to
provide assistance as mock jurors or focus group members or the

like, or to furnish technical or expert services, and/or to

give

testimony in this action; and
(e)

mediators jointly retained by the parties to attempt to resolve this

litigation.

5.

The parties shall have the right to further designate Confidential

documents or materials, or portions thereof, as "Confidential

- Attorneys'

Eyes

Only," where they have a good faith belief that the documents or materials
contain highly sensitive information. Disclosure of such information shall be
limited to the persons designated in paragraphs 4(a), (b), (c), (d), (f), and

6.

(g).

Third parties producing documents in the course of this action may

also designate documents as "Confidential," or "Confidential

-

Attorneys' Eyes

Only," subject to the same protections and constraints as the parties to the

action. A copy of the Stipulated Protective Order shall be served along with any

subpoena served

in connection with this action. All documents produced

by

such third parties shall be treated as "Confidential - Attorneys' Eyes Only" for a
period of 14 days from the date of their production, and during that period any

party may designate such documents as "Confidential" or "Confidential Attorneys' Eyes Only'' pursuant to the terms of the Stipulated Protective Order.

7.

Each person appropriately designated pursuant to paragraphs 4(f)

to receive Confidential information shall execute a "Written Assurance" in the
form attached as Exhibit

A. Opposing counsel shall be notified at least

14 days

prior to disclosure to any such person who is known to be an employee or
agent of, or consultant to, any competitor of the party whose designated
documents are sought to be disclosed. Such notice shall provide a reasonable

description of the outside independent person to whom disclosure is sought
sufficient to permit objection to be made. If a party objects in writing to such
disclosure within 14 days after receipt of notice, no disclosure shall be made

until the party seeking disclosure obtains the prior approval of the Court or the
objecting party.

8.

All depositions or portions of depositions taken in this action that

contain confidential information may be designated "Confidential"

or

- Attorneys' Eyes Only'' and thereby obtain the protections
accorded other "Confidential" or "Confidential Attorneys' Eyes Only''

"Confidential

documents. Confidentiality designations for depositions shall be made either
on the record or by written notice to the other party within 14 days of receipt of

the transcript. Unless otherwise agreed, depositions shall be treated
"Confidential

as

- Attorneys'Eyes Only" during the 14-day period following receipt

of the transcript. The deposition of any witness (or any portion of

such

deposition) that encompasses Confidential information shall be taken only in
the presence of persons who are qualifred to have access to such information.

9.

Any pafty who inadvertently fails to identify documents

"Confidential" or "Confidential
discovery of

-

as

Attorneys' Eyes Only'' shall, promptly upon

its oversight, provide written notice of the error and substitute

appropriately-designated documents. Any party receiving such improperlydesignated documents shall retrieve such documents from persons not entitled

to receive those documents and, upon receipt of the substitute

documents,

shall return or destroy the improperly-designated documents.

10.

If a party hles a document containing Confidential information with

the Court, it shall do so in compliance with the Electronic Case Filing
Procedures

for the District of Colorado for hling restricted documents

D.C.COLO.LCivR

and

7.2. Prior to disclosure at trial or a hearing of materials or

information designated "Confidential" or "Confidential

-

Attorneys' Eyes Only,"

the parties may seek further protections against public disclosure from the
Court.

I 1.

Any party may request a change in the designation of

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Lt,k Lian'q '(tt*
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any

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'

completed. If the requested change in designation is not agreed to, the party
seeking the change may move tl:e Court for appropriate relief, providing notice

to any third party whose designation of produced documents as "Confidential"

or "Confidential - Attorneys' Eyes Only'' in the action may be affected. The
party asserting that the material is Confidential shall have the burden of
proving that the information

in

question

is within the scope of protection

afforded by Fed. R. Civ. P. 26(c).

12. Within 60 days of the termination of this action, including
appeals, each party shall either destroy

any

or return to the opposing party all

documents designated by the opposing party as "Confidential" or "Confidential

- Attorneys'Eyes Only," and all copies of such documents, and shall destroy all
extracts andf or data taken from such documents. Each party shall provide a

certification as

to such return or destruction within the 60-day

period.

However, Attorneys shall be entitled to retain a set of all documents filed with

the Court, all documents offered in evidence in Court and at depositions, all
transcripts of testimony

in Court and at depositions, all written

discovery

responses, and all correspondence generated in connection with the action. All

such documents must continue to be kept confidential pursuant to the
provisions of this Stipulated Protective Order.

13. In the event that any of the parties is subpoenaed or is served with
any other legal process by a person not a party to this litigation, and is
requested to produce or otherwise disclose Confidential documents that were

so designated by another party, the party subpoenaed or served shall object to

the production of the documents by setting forth the existence of this
Stipulated Protective Order and shall give prompt written notice to the party

who produced the documents in this litigation. Nothing in this Stipulated
Protective Order shall be construed as requiring
Confrdential documents a-re requested

to

the party from whom

challenge

or appeal any order

requiring production of documents or information covered by this Stipulated
Protective Order, to subject itself to any penalties for noncompliance with any
legal process or order, or to seek any relief from this Court.

14. Any party may apply to the Court for a modification of

the

A

shall be construed to prevent a party from seeking such further provisions
enhancing or limiting confidentiality as may be appropriate.

15.

No action taken in accordance with the Stipulated Protective Order

shall be construed as a waiver of any claim or defense in the action or of any
position as to discoverability or admissibitity of evidence.

16.

The obligations imposed by the Stipulated Protective Order shall

survive the termination of this action.

Stipulated to:

Date: February 25,2014

By: s/ Marv

Date: February 25,2OI4

By: s/Alan F. Blaklev
Alan F. Blakley, Esq.
BLAKLEY JUSTICE, LLC
916 South Main Street, Suite 201
Longmont, Colorado 8050 1
Telephone [phone]
Fax [phone]
abfrr)b-and-ilaw.com

AnFr Novak
Tracy A. Oldemeyer - #28246
Mary Ann Novak - #2485I
CLINE WILLIMAS WRIGHT
JOHNSON & OLDFATHER, L.L.P.
330 South College Avenue, Suite 300
Fort Collins, Colorado 80524
Telephone (97O) 22L-2637
Fax (970) 22L-2638
toldemever(iclinewilliam s. com
m novak(g,\ clinewilli am s. c om

IT IS SO ORDERED with the consent of the parties, thi

P4^

,2014.
BY THE COURT:

Ho

Kristen
United States Magistrate Judge

8

day of

EXHIBIT A
WRITTEN ASSURANCE
declares that:

in the citv of

I reside at
, state of

County

I am currently employed

located at

by

and my current job title is

I have read and
Protective Order

believe

dated

I understand the terms of the

Stipulated

, filed in Case No. 1:13-cv-02195, pending in

the United States District Court for the District of Colorado. I agree to comply

with and be bound by the provisions of the Stipulated Protective Order.

I

understand that any violation of the Stipulated Protective Order may subject
me to sanctions by the Court.

I shall not divulge any documents, or copies of documents,
"Confidential" or "Confidential

-

designated

Attorneys' Eyes Only'' obtained pursuant to

such Stipulated Protective Order, or the contents of such documents, to any
person other than those specifically authorized by the Stipulated Protective

Order. I shall not copy or use such documents except for the purposes of this
action and pursuant to the terms of the Stipulated Protective Order.
As soon as practical, but no later than 30 days after linal termination of

this action, I shall return to the attorney from whom I have received them any
documents

in my

possession designated "Confidential"
9

or

"Confidential

Attorneys' Eyes Only," and all copies, excerpts, summaries, notes, digests,
abstracts, and indices relating to such documents.

I submit myself to the jurisdiction of the Unites

States District Court for

the District of Colorado for the purpose of enforcing or otherwise providing
relief relating to the Stipulated Protective Order.
I declare under penalty of perjury that the foregoing is true and correct.

Executed on
(Signature)

(Date)
4834-7390-0824.

v

I

10