Tang v. Hospital Shared Services, Inc
PROTECTIVE ORDER by Magistrate Judge Boyd N. Boland on 3/13/14. (BWS)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-02636-PAB-BNB
EDDIE C. TANG,
HOSPITAL SHARED SERVICES, INC.
Upon a showing of good cause in support of the entry of a protective order to protect the
discovery and dissemination of confidential information or information which will improperly
annoy, embarrass, or oppress any party, witness, or person providing discovery in this case, IT IS
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.
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. Information designated “CONFIDENTIAL” shall be information that is confidential
and implicates common law and statutory privacy interests of (a) current or former employees of
Defendant. CONFIDENTIAL information shall not be disclosed or used for any purpose except
the preparation and trial of this case.
“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;
(c) the parties, including the plaintiff and designated representatives for the defendant;
(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; and
(h) other persons by written agreement of the parties.
5. 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.
6. 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:
7. 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.
8. 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 (10) 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
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.
9. 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.
10. 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 March 13, 2014.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?