Elwell et al v. Air Line Pilots Association, International
STIPULATED PROTECTIVE ORDER approved by Magistrate Judge Craig B. Shaffer on 04/24/2014. (cbslc1)
IN THE UNITED STATES DISTRICT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:13-cv-02343-REB-CBS
JP BORDEWICK, and
RICHARD WARNER, individually, and on behalf of all similarly situated persons,
AIR LINE PILOTS ASSOCIATION, INTERNATIONAL,
STIPULATED PROTECTIVE ORDER
It is hereby ordered by the Court that the following shall apply to documents,
depositions, and other discovery, whether formal or informal, as well as testimony
adduced at trial in this action:
Counsel for any party may designate portions or all of any of the following
material as confidential: depositions, documents produced, answers to interrogatories,
responses to requests for admission, any other discovery taken or information disclosed
pursuant to the Federal Rules of Civil Procedure, and testimony adduced at trial.
Material designated as confidential will be labeled “CONFIDENTIAL” and is referred to
herein as “Confidential Information.” The inadvertent failure to designate material as
Confidential may be remedied by a supplemental designation that will apply from that
point forward and such Confidential Information shall be labeled as “CONFIDENTIAL”
and all counsel shall make reasonable efforts to ensure that every individual or entity
that has been provided the information also affixes the appropriate “CONFIDENTIAL”
label to each copy of the newly designated Confidential Information in its possession.
In the case of depositions, designation of such portions of those
transcripts, including exhibits, which contain Confidential Information shall be made
either (a) by a statement to such effect on the record during the course of the deposition
by counsel or (b) by counsel of either party, in writing, within twenty-one (21) days of
receipt of the transcript of the deposition, stating what portions of the transcript are
The entire transcript shall be considered as Confidential
Information during such twenty-one (21) day period.
As used in this Order, “Confidential Information” means information
designated as confidential by the producing party that falls within one or more of the
following categories: (a) information prohibited from disclosure by law; (b) information
that reflects collective bargaining tactics or internal union strategies or that otherwise
reveals trade secrets; (c) research, technical, commercial or financial information, that
the party has maintained as confidential; (d) insurance agreements between Defendant
Air Line Pilots Association, International (“ALPA”) and any of its liability insurers,
reinsurance agreements between ALPA and any reinsurance carrier or between any
liability insurer of ALPA and any reinsurance carrier (collectively, the “Reinsurers”), as
well as any related insurance or reinsurance information; (e) medical information
concerning any individual; (f) personal identity information; (g) income tax returns
(including attached schedules and forms), W-2 forms and 1099 forms; or (h) personnel
or employment records of a person who is not a party to the case. Information or
documents that are available to the public may not be designated as Confidential
Unless otherwise ordered by the Court, Confidential Information will be
held and used by the person receiving such information solely for use in the prosecution
or defense of this litigation.
In the event a party challenges another party’s confidential designation,
such challenge shall be made by giving written notice to the party making the
confidential designation. The written notice shall specify the information to which the
challenge pertains. Counsel shall make a good faith effort to resolve the dispute, and in
the absence of a resolution, the party asserting the confidential designation shall have
21 days from the date of the challenge to seek resolution by the Court. The confidential
designation involved shall be treated as valid until the Court rules otherwise.
Nothing in this Protective Order operates to create an admission by any
party that Confidential Information disclosed in this case is relevant or admissible. Each
party specifically reserves the right to object to the use or admissibility of all Confidential
Information disclosed in accordance with applicable law and court rules.
Confidential Information shall not be disclosed by the receiving party
(named plaintiffs or defendant) or his, her or its counsel to any person, except:
The parties (named plaintiffs or defendant) and counsel for either
party, and class members to the extent necessary to assist in the
Employees of such counsel necessary to assist in the litigation;
Consultants or experts to the extent deemed necessary by counsel;
Any person from whom testimony is taken or is to be taken in this
action, except that such a person may only be shown Confidential
Information during and in preparation for his/her testimony and may
not retain the Confidential Information;
Stenographic reporters engaged in proceedings pertinent to the
The Court and its employees or the jury at trial or as exhibits to
Prior to disclosing or displaying the Confidential Information to any person
in 6.a.-6.e., counsel shall:
inform the person of the confidential nature of the information or
inform the person that this Court has enjoined the use of the
Confidential Information by him/her for any purpose other than this
litigation and has enjoined the disclosure of that Confidential
Information to any other person.
The Confidential Information may be displayed to and discussed with the
persons identified in Paragraphs 6.c., 6.d., 6.e., and class members referred to in
Paragraph 6.a. only on the condition that, prior to any such display or discussion, each
such person shall be asked to sign an agreement to be bound by this Order in the form
and substance attached hereto as Exhibit A. In the event such person refuses to sign
an agreement in the form and substance attached as Exhibit A, the party desiring to
disclose the Confidential Information may seek appropriate relief from the Court.
Before any documents containing Confidential Information are submitted
as part of an official judicial proceeding or filed with the Court, the submitting party must
file a motion to place such documents under seal in accordance with applicable law and
rules of procedure. Confidential Information, including sections of briefs containing such
information, are to be filed under seal with the Court, if permitted by the Court.
A party who is granted leave to file a document under seal must file a
redacted copy of the document (excluding the Confidential Information) for the public
file. A copy of the redacted version must be submitted along with the motion for leave
If one of the parties in possession of Confidential Information receives a
subpoena from a non-party seeking production or other disclosure of such information,
he or she shall immediately give written notice to counsel for the party or non-party who
designated the material as Confidential, identifying the material sought and enclosing a
copy of the subpoena.
Where possible, at least seven (7) days’ notice before
production or other disclosure shall be given. In no event shall production or disclosure
be made before notice is given and received.
Plaintiffs, class members and/or their agents, including but not limited to
plaintiffs’ counsel (plaintiffs, class members and/or their agents are referred to as
“Plaintiffs” for purposes of this paragraph 12), will not for any reason contact a
Reinsurer (as defined in paragraph 3, above) unless (1) Plaintiffs provide advance
notice to ALPA counsel that they plan to contact a Reinsurer and ALPA agrees that
Plaintiffs may contact the Reinsurer, or (2) if ALPA does not agree within seven (7)
calendar days of receiving Plaintiffs’ advance notice that Plaintiffs may contact the
Reinsurer, the Court rules that Plaintiffs may contact the Reinsurer.
Within sixty (60) days after dismissal or entry of final judgment not subject
to further appeal, all Confidential Information and all copies of such Confidential
Information shall be returned to the producing party or, if the producing party agrees,
Counsel shall certify to the producing party the destruction of such
information within sixty (60) days of such destruction.
The foregoing is entirely without prejudice to the right of any party to apply
to the Court for any further Protective Order relating to Confidential Information, or for
modification of this Order, or to seek any other relief from the Court.
counsel are advised that a perceived need by them for a more restrictive protective
order is not an excuse for failure to comply with discovery requests in a timely fashion.
It is counsel’s responsibility to timely move for further protection based on
confidentiality, if needed. If the Court has not ruled on any such motion when discovery
is due, then the documents should be produced by the deadline as Confidential
Information, pending decision by the Court, and counsel must notify the Court of the
DATED at Denver, Colorado this 24th day of April, 2014.
s/Craig B. Shaffer
United States Magistrate Judge
___________________, swears or affirms and states under penalty of perjury:
I have read the Protective Order dated _______________, which has been
issued by the United States District Court for the District of Colorado in Gerald Elwell, et al. v.
Air Line Pilots Association, International, Civil Action No. 13-cv-2343-REB-CBS.
I have been informed by _________________, Esq., counsel for
________________, that the information and materials described in the attachment to this
Affidavit are CONFIDENTIAL as defined in the Protective Order.
I promise that I will not divulge, or undertake to divulge, to any person or
recording device any CONFIDENTIAL information shown, provided or told to me except as
authorized in the Protective Order. I will not use the CONFIDENTIAL information for any
purpose other than this litigation, and I will return all CONFIDENTIAL information to the counsel
named above or his or her designee when requested, but not later than the conclusion of this
I will abide by the terms of the Protective Order and for the purposes of enforcing
the terms of the Protective Order, I hereby submit myself to the jurisdiction of the court in the
civil action referenced above.
(Print or Type Name)
Telephone No.: (___)__________________
STATE OF ____________
COUNTY OF __________
SUBSCRIBED AND SWORN to before me this ____ day of ___________, 2013, by
WITNESS my hand and official seal.
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