OCD Telluride LLC v. Blaney McMurtry LLP
Filing
59
PROTECTIVE ORDER by Magistrate Judge Kathleen M. Tafoya on 9/16/15. (sgrim)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-02584-KMT
OCD TELLURIDE LLC, a Colorado limited liability company,
Plaintiff,
v.
BLANEY McMURTRY LLP, an Ontario limited liability partnership,
Defendant.
PROTECTIVE ORDER
1. WHEREAS, the Court finds good cause for entry of an order to protect the
discovery and dissemination of confidential information and information that would
annoy, embarrass, or oppress parties, witnesses, and persons providing discovery in
this civil action,
IT IS ACCORDINGLY ORDERED THAT:
1. This Protective Order shall apply to all documents materials, and
information, including without limitation, documents produced, answers to
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.
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2. As used in this Protective Order, “document” is defined as provided in
Fed. R. Civ. P. 34(a)(1)(A). A draft or non-identical copy is a separate
document within the meaning of this term.
3. Information designated “CONFIDENTIAL” shall be information that is
confidential and implicates: (a) the proprietary, confidential, competitively
sensitive and/or trade secret information of the parties and/or their related
entities; or (b) any individual’s common law or statutory privacy interests.
4. No party shall designate any document “CONFIDENTIAL” that has been
admitted into evidence at any trial or hearing, unless the Court: (a) sealed
public access to the document and/or closed the hearing/trial to the public;
or (b) any motion to do so is pending.
5. Documents, materials, and/or information designated “CONFIDENTIAL”
(collectively “CONFIDENTIAL information”) shall not be disclosed or used
for any purpose except the preparation and trial of this case.
6. CONFIDENTIAL information shall not, without the consent of the party
producing it 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;
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c) the parties, including designated representatives for the entity
defendants;
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 or witnesses during the course of any examination; and
h) other persons by written agreement of the parties.
7. 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 obtain from such person a written
acknowledgment stating that he or she has read this Protective Order and
agrees to be bound by its provisions. All such acknowledgments shall be
retained by counsel and shall be subject to in camera review by the Court
if good cause for review is demonstrated by opposing counsel.
8. 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.”
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9. 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.
10. A party may object to the designation of particular CONFIDENTIAL
information by giving written notice to the party designating the disputed
information. The written notice shall identify the information to which the
objection is made. If the parties cannot resolve the objection within ten
business days after the time the notice is received, it shall be the
obligation of the party 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 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
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CONFIDENTIAL in accordance with this Protective Order. In connection
with a motion filed under this provision, the party designating the
information as CONFIDENTIAL shall bear the burden of establishing that
good cause exists for the disputed information to be treated as
CONFIDENTIAL.
11. At the conclusion of this case, unless other arrangements are agreed
upon, each document and all copies thereof which have been designated
as CONFIDENTIAL shall be returned to the party 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 with an affidavit
confirming the destruction.
12. 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.
Dated September 16, 2015.
BY THE COURT:
_______________________________________
Kathleen M. Tafoya
United States Magistrate Judge
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