EEOC v. Jetstream Ground Services, Inc.

Filing 31

PROTECTIVE ORDER by Magistrate Judge Kathleen M. Tafoya on 2/7/14. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-02340-CMA-KMT
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
and
SAFIA ABDULLE ALI, et al.,
Plaintiff/Intervenors,
v.
JETSTREAM GROUND SERVICES, INC.
Defendant.

STIPULATED PROTECTIVE ORDER

This matter comes before the Court on the parties’ Joint Motion for Entry of Protective
Order. The Court has reviewed that Motion. The parties have shown good cause in support of
the entry of a protective order to protect the discovery and dissemination of confidential
information. Therefore, IT IS ORDERED:
1.

This Protective Order shall apply to all documents, materials, and information,

produced, given, or exchanged by and among the parties and non-parties to this action including,
without limitation, documents produced, answers to interrogatories, responses to requests for
admission, deposition testimony, deposition exhibits, and any other information disclosed
pursuant to the disclosure or discovery duties created by the Federal Rules of Civil Procedure.

2

2.

As used in this Protective Order, “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.
3.

As used in this Protective Order, “Charging Parties” is defined as Safia Abdulle

Ali, Sahra Bashi Abdirahman, Hana L. Bokku, Sadiyo Hassan Jama, and Amino Warsame.
4.

As used in this Protective Order, “aggrieved individuals” is defined to mean

anyone the EEOC formally discloses to Defendant as an individual on whose behalf it
seeks relief in this suit. The Charging Parties, Amina Oba, and Milko Haji are the aggrieved
individuals EEOC has disclosed as of February 6, 2014.
5.

As used in this Protective Order, “producing party” is defined as any party or non-

party to this action producing documents, materials, and/or information.
6.

As used in this Protective Order, “designating party” is defined as any producing

party who has designated documents, materials, and/or information as “CONFIDENTIAL.”
7.

Information designated “CONFIDENTIAL” shall be information that implicates

common law privacy interests, statutory privacy interests, and/or confidentiality interests such
as: (a) personnel records of Defendant’s current or former employees and/or applicants for
employment; (b) Defendant’s trade secrets; (c) privileged or confidential commercial
information; (d) privileged or confidential financial information; (e) medical records, financial
records, and tax records pertaining to the Charging Parties, Defendant’s current and former
employees or applicants for employment, other allegedly aggrieved individuals in this action,
and any other witness in this case. CONFIDENTIAL information shall not be disclosed or used
for any purpose except for the preparation and trial of this case and as prescribed by law by 5
U.S.C. § 552, Freedom of Information Act (FOIA), as amended.

8.

CONFIDENTIAL documents, materials, and/or information (collectively

“CONFIDENTIAL information”) shall not, without the consent of the producing party or further
Order of the Court, be disclosed except that such information may be disclosed to:
(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 for trial, at trial, or at other proceedings in this case;

(c)

the parties, including Charging Parties and the designated representatives
for the parties, and aggrieved individuals, except with regards to thirdparty medical information pertaining to others, prior to which disclosure
requires written agreement;

(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 and its employees (“Court Personnel”);

(f)

stenographic reporters who are engaged in proceedings necessarily
incident to the conduct of this action;

(g)

deponents, witnesses, or potential witnesses likely to have knowledge or
information related to the subject matter of confidential documents, and
their translators, if any; and

(h)
9.

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, deponents, and stenographic

reporters), counsel shall provide such person with a copy of this Protective Order, explain the
person’s obligations under the Protective Order, and obtain the person’s agreement to comply
with the Protective Order.
10.

The producing party may designate a document as CONFIDENTIAL by placing

or affixing on it (in a manner that will not interfere with their legibility) the following notice, or
other appropriate notice: “CONFIDENTIAL.”
11.

Before any information is designated “CONFIDENTIAL,” counsel of record for

the designating party must first review the information and make a determination, in good faith,
that it is confidential or otherwise entitled to protection under Fed.R.Civ.P. 26(c).
12.

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 forty-five (45) days after notice by the court reporter of the
completion of the transcript. The designating party shall direct the court reporter to affix the
appropriate confidentiality stamp to any portion of the original transcript, and to that portion of
all copies of the transcript.
13.

A party may object to the designation of particular CONFIDENTIAL information

by giving written notice to the designating party. 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
designating party to file an appropriate motion, within thirty (30) days after the time the notice is

received, 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 party 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 designating party shall bear the burden
of establishing that good cause exists for the disputed information to be treated as
CONFIDENTIAL.
14.

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.
ORDERED this 7th day of February, 2014.

BY THE COURT:

Kathleen M. Tafoya
United States Magistrate Judge