Salemi v. Colorado Public Employees' Retirement Association et al

Filing 47

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Craig B. Shaffer on 12/2/14. ORDERED that when filing documents under seal parties MUST fully comply with the requirements of D.C.ColoL.CivR. 7.2. (cbssec)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-02826-WYD-CBS
ELHAM SALEMI,
Plaintiff,
v.
COLORADO PUBLIC EMPLOYEES’ RETIREMENT ASSOCIATION;
TIM MOORE, in his official and individual capacities; and
ANGELA SETTER, in her official and individual capacities,
Defendants.
______________________________________________________________________________
STIPULATED PROTECTIVE ORDER
______________________________________________________________________________
Upon request of the Parties for the entry of a protective order to protect the discovery and
dissemination of confidential information or information that will improperly annoy, embarrass,
or oppress any Party, witness, or person providing discovery in this case, IT IS HEREBY
ORDERED:
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 or documents 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

financial, legal or business information and/or trade secrets, and/or implicates common law
and/or statutory privacy interests, of Colorado Public Employees’ Retirement Association
(“PERA”), and PERA’s current or former employees, representatives, insurers, attorneys, clients,
vendors, or agents of PERA, including but not limited to Defendants Tim Moore and Angela
Setter, and Plaintiff Elham Salemi. Designation of information as Confidential shall not affect
its discoverability. Confidential information shall not be disclosed or used for any purpose
except the preparation and trial of this case.
4.

Documents designated as “Confidential” shall be first reviewed by a lawyer who

will confirm that the designation is based on a good faith belief that the information is
confidential or otherwise entitled to protection under Fed. R. Civ. P. 26(c)(1).
5.

Confidential documents, materials, and/or information (collectively "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 representatives for PERA;

(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/or its employees ("Court Personnel");

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(f)

stenographic reporters who are engaged in proceedings necessarily

incident to the conduct of this action;
(g)

deponents, witnesses, or potential witnesses provided all such individuals

have executed a copy of the attached Non-Disclosure Agreement; and
(h)
6.

other persons by prior written agreement of all the Parties.

Prior to disclosing any Confidential Information to any person listed in paragraph

4(d), (g) or (h), counsel shall provide such person with a copy of this Protective Order and obtain
from such person a written acknowledgment (in the form of the attached Non-Disclosure
Agreement) 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.
7.

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."
8.

In the event Electronically Stored Information (“ESI”) is disclosed or discovered

in the course of this litigation, including, but not limited to, ESI provided in a native format on
hard disks or other magnetic data storage disks, removable disks and/or drives, portions thereof,
or digital images of data storage disks or drives, such information may be designated as
Confidential in a written communication or in an electronic mail message to the non-producing
Party or Parties.
9.

Any Party who inadvertently discloses documents that are privileged or protected

by the work product doctrine shall, promptly upon discovery of such inadvertent disclosure, so

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advise the receiving Party and request that the documents be returned. The receiving Party shall
return such inadvertently produced documents, including all copies and copies the receiving
Party provided to any other individual or entity, within 14 days of receiving such a written
request.
10.

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.
11.

A Party may object to the designation of information as Confidential 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
fifteen (15) days after the time the notice is received, it shall be the obligation of the Party
designating the information as Confidential to make 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 made, the disputed information shall be treated as
Confidential Information under the terms of this Protective Order until the Court rules on the
motion. If the designating Party fails to make such a motion within the prescribed time, the
disputed information shall lose its designation as Confidential and shall not be thereafter be
treated as Confidential in accordance with this Protective Order.

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12.

After the conclusion of this matter, including any appeals, unless other

arrangements are agreed upon, each document and all copies thereof designated as Confidential
shall be returned to the Party that designated the material as Confidential, or the Parties may
elect to destroy Confidential documents. Where the Parties agree to destroy Confidential
documents, the destroying Party shall, upon written request, provide all Parties with an affidavit
within thirty (30) days of such request confirming the destruction. Counsel may retain a single
set of Confidential records according to the terms and conditions of this Protective Order for a
period of no more than seven (7) years from the conclusion of the litigation at which time the
Confidential records shall either be returned or destroyed.
13.

Any request to restrict access must comply with the requirements of

D.C.COLO.LCivR 7.2.
14.

Nothing in this Protective Order shall prevent any Party or other person from

seeking modification of this Order or from objecting to discovery that the Party or other person
believes to be improper. Nothing in this Protective Order shall prejudice the right of any Party to
contest the alleged relevancy, admissibility, or discoverability of confidential documents or
information sought.
15.

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 ____ day of ____________, 2014.
2nd
December
BY THE COURT:

____________________________________
Craig B. Shaffer 
United States Magistrate Judge 

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STIPULATED TO AND APPROVED AS TO FORM this 18th day of November, 2014.
APPROVED:

By: s/ Danielle Jefferies
Darold W. Killmer
Mari Newman
Danielle Jefferis
KILLMER, LANE & NEWMAN, LLP
1543 Champa Street
Suite 400
Denver, CO 80202
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiff

By: s/ Meghan W. Martinez
Meghan W. Martinez
Ann E. Christoff
MARTINEZ LAW GROUP, P.C.
720 South Colorado Boulevard
South Tower, Suite 1020
Denver, CO 80246
[e-mail]
[e-mail]
Attorneys for Defendants

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-02826-WYD-CBS
ELHAM SALEMI,
Plaintiff,
v.
COLORADO PUBLIC EMPLOYEES’ RETIREMENT ASSOCIATION;
TIM MOORE, in his official and individual capacities; and
ANGELA SETTER, in her official and individual capacities,
Defendants.
______________________________________________________________________________
NON-DISCLOSURE AGREEMENT
______________________________________________________________________________

STATE OF _________________________ )
)
COUNTY OF _______________________ )

ss.

1.
My name is __________________________________. My business affiliation is
___________________________________, and my title, if any, is _______________________.
2.
I reside at _________________________________________________________,
and my home telephone number is (
)
. My business address and telephone
number are ___________________________________________________, (___)____ -______.
3.
I am aware that a Protective Order has been entered in Elham Salemi v. Colorado
Public Employees’ Retirement Association, Tim Moore, and Angela Setter, Civil Action No. 13cv-02826-WYD-CBS, now pending in the United States District Court for the District of
Colorado. A copy of that Protective Order has been given to me, and I have read and understand
the terms of the Protective Order.
4.
I promise that any document marked “Confidential” or marked as containing
Confidential Information will be used by me only in connection with assisting the Parties or their
counsel in preparing for the resolution of the above-referenced litigation.

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5.
I promise that I will not disclose or discuss such Confidential documents or
Confidential Information with any person other than the Parties to this action, their respective
attorneys, members of their attorneys’ staff, or in consultation with expert witnesses retained by
any Party.
6.
I understand that any use of Confidential Information obtained by me that is
subject to the Protective Order or any portions or summaries thereof in any manner contrary to
the provisions of the Protective Order or this Non-Disclosure Agreement may subject me to the
summary sanctions of the Court for contempt.
________________________________
DATE

By:
______________________________
Title (if applicable): ___________________

SUBSCRIBED AND SWORN to before me this ____ day of _________________, 2014,
by_____________________________________.
[SEAL]
____________________________________
Notary Public
My Commission Expires: _________________

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