Peck v. Experian Information Solutions, Inc. et al

Filing 28

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Craig B. Shaffer on 2/3/14. (cbssec)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Case No. 1:13-cv-02924-PAB-CBS
ANTHONY PECK,
Plaintiff,
v.
EQUIFAX INFORMATION SERVICES, LLC;
EXPERIAN INFORMATION SOLUTIONS, INC.,
and DTE ENERGY COMPANY.
Defendants.
_____________________________________________________________________
STIPULATED PROTECTIVE ORDER
_____________________________________________________________________
Plaintiff Anthony Peck has filed this lawsuit (the “Litigation”) against defendants
Experian Information Solutions, Inc., Equifax Information Services, LLC and DTE
Energy Company (“Defendants”), alleging that Defendants are liable to Plaintiff for
damages resulting from alleged violations of the Fair Credit Reporting Act, 15 U.S.C. §
1681 et seq. In connection with the Litigation, Plaintiff may seek discovery or testimony
regarding certain of Defendants’ confidential and proprietary trade secrets and other
business information and Defendants have sought discovery or testimony regarding the
personal identifying information of Plaintiff (herein after collectively referred to as the
“Confidential Information”). All Confidential Information shall only be utilized by the
Parties in connection with the Litigation and in accordance with the terms and conditions
of this Order.
The Parties shall have the right, in good faith, to designate as Confidential
Information any part or the whole of any answers to discovery, answers to

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interrogatories, answers to requests for admission, deposition transcripts, responses to
production requests, documents, expert reports, disclosures, exhibits, trial or deposition
testimony or other information that the Parties deem to be confidential. The Parties to
this litigation stipulate that every designation as Confidential Information shall be subject
to certification under Rule 26(g) of the Federal Rules of Civil Procedure and subject to
the sanctions for improper certification pursuant to that Rule. Any document, discovery,
testimony, or other information that the Parties have designated as Confidential
Information shall constitute Confidential Information, both in form and substance.
Counsel for a producing party will review the information to be disclosed and designate
the information it believes, in good faith, is confidential or otherwise entitled to protection.
The Confidential Information provided by any of the Parties shall be used strictly
in accordance with the terms in this Order. At no time shall the Confidential Information
be disclosed to or used by any person, corporation, or entity in competition with or
against any of the Parties, nor shall it be disclosed to unauthorized third parties.
The Parties may designate any document, discovery, or other information as
Confidential Information by an appropriate marking that prominently displays the words
“Confidential” or “Confidential Information.” Deposition or trial testimony can be
designated by the Parties as Confidential Information. Such designation will be made on
the record if possible, but the Parties can designate portions of such testimony as
Confidential Information by providing written notice of such designation to the opposing
Parties within thirty (30) days of receipt of the transcribed testimony by counsel. Until
thirty (30) days after receipt of the transcribed testimony, such testimony shall be treated
by the Parties as Confidential Information. Counsel for deposed party will review the

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information to be disclosed and designate the information it believes, in good faith, is
confidential or otherwise entitled to protection.
In the event a Party disagrees with the designation of Confidential Information, the
Parties shall first try to resolve the disagreement in good faith on an informal basis, such
as the production of redacted copies. In the event such a dispute cannot be resolved by
agreement, a Party may move the Court for modification of this Order. The Confidential
Information designation shall be maintained pending disposition of such a motion.
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 30 days, the disputed information shall lose its designation as
confidential and shall not thereafter be treated as Confidential Information 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.
The Parties, their attorneys, or anyone else acting on their behalf shall take such
precautions with the Confidential Information as are necessary to strictly maintain its

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confidentiality and comply with the terms of this Order.
Unless otherwise ordered by the Court, or agreed to in writing by the Parties,
information designated by any of the Parties as Confidential Information shall not be
revealed to any person or entity except: (a) Plaintiff and Defendants; (b) Plaintiff’s and
Defendants’ attorneys; (c) experts or consultants retained by Plaintiff, Plaintiff’s
attorneys, Defendants, and Defendants’ attorneys in preparation for and/or trial of this
action. Before any Confidential Information is disclosed to an expert or consultant, the
expert or consultant must first be provided with a copy of this Order and sign a statement
in the form attached hereto as Exhibit A agreeing to the bound by the terms of this Order.
In the event any Party intends to file Confidential Information with the Court, it
shall file the Confidential Information under seal pursuant to the requirements of Court
for filing documents under seal.
This Order shall govern pretrial proceedings only, and nothing set forth herein
prohibits the use at trial of any Confidential Information or affects the admissibility of any
evidence. The procedures to govern the use and disclosure of Confidential Information
and the redaction of any “Confidential” or “Confidential Information” designation may be
the subject of further agreement of the Parties or order of the Court.
Nothing herein shall be construed as limiting a Party’s use of its own Confidential
Information and such use shall not constitute a waiver of the terms of this Order or the
status of such information as Confidential Information. Any of the Parties can remove
their designation of Confidential Information from any information it has previously so
designated.
The Parties cannot use or disclose any Confidential Information in any pretrial

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court proceeding that is open to persons not authorized to have access to such
Confidential Information under the terms of this Order. This provision does not limit the
right of any of the Parties to submit any Confidential Information to the Court under seal
as described above.
If a producing party inadvertently fails to stamp or mark certain documents as
“Confidential” upon production, it may later designate such documents as “Confidential”
material by giving written notice to all Parties that the material is to be so designated,
describing the document(s) by Bates-number if possible. Likewise, a Producing Party
may designate any other documents that it has already produced as “Confidential”
material by giving written notice to all Parties that the material is to be designated,
describing the document(s) by Bates-number if possible. Upon such notice, all parties
who received the designated material shall then stamp or otherwise mark their copies of
the designated material as “Confidential” as referenced herein.
Within sixty (60) days after the final resolution of the Litigation, including any
appellate proceeding, the Parties agree to return to opposing counsel the original and
any copies of any Confidential Information Produced.
SO ORDERED.

February

Dated this 3rd th day of January ___ 2014
__
BY THE COURT:
________________________________
United States Magistrate Judge

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Date: January 31, 2014
By: /s/ Matthew R. Osborne
Matthew R. Osborne
Matthew R. Osborne, P.C.
2055 South Oneida Street, Suite 370
Denver, CO 80224
T: [phone]
Attorneys for Plaintiff

By: /s/ Rana Nader
Rana Nader
Jones Day
3161 Michelson Drive, Suite 800
Irvine, CA *2612
T: [phone]
Attorneys for defendant Experian
Information Solutions, Inc.

By: /s/ Brian J. Olson
Brian J. Olson
King & Spalding, LLP
1180 Peachtree Street, N.E., 38th Floor
Atlanta, GA 30309-3521
T: [phone]
Attorneys for defendant Equifax Information
Services, LLC

By: /s/ Dean Elliot Richardson
Dean Elliot Richardson
Moye White, LLP
1400 16th Street, 6th Floor
16 Market Square
Denver, CO 80202-1486
T: [phone]
Attorneys for defendant DTE Energy
Company

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EXHIBIT A
The undersigned has read and understand the terms of the Protective Order
effective in this case, Peck v. Equifax et al. Civil Case No. 1:13-cv-02924-PAB, which is
currently pending in the United States District Court for the District of Colorado. The
undersigned agrees (i) to abide by the terms of the Protective/Confidentiality Order; (ii)
not to use or divulge, under penalty of law, any documents, materials or other
information covered by the Protective/Confidentiality Order, including Confidential
Information, except as permitted by the terms of the Agreed Protective/Confidentiality
Order; and (iii) to submit to the jurisdiction of the United States District Court for the
District of Colorado for resolution of any issues arising under the
Protective/Confidentiality Order.

Dated: _______________________

Signed:__________________________
Printed: _________________________

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