LuxeYard, Inc. v. Bell et al
Filing
60
PROTECTIVE ORDER by Magistrate Judge Kathleen M. Tafoya on 6/6/14. (sgrim)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Honorable Marcia S. Krieger
Case No. 1:13-cv-02990-MSK-KMT
KHALED ALATTAR,
Plaintiff,
v.
AARON BELL, CHRISTOPHER BELL,
RACHEL BELL, and WILLIAM BELL,
Defendants.
PROTECTIVE ORDER
Defendants have moved for entry of an Order pursuant to Fed. R. Civ. P. 26(c)(1),
that confidential information be disclosed only in a designated way (the “Motion”). Doc. #_.
This Court, having considered the Defendants’ Motion and all responses and replies thereto, if
any, and for good cause shown, hereby GRANTS Defendant’s Motion in all respects.
IT IS HEREBY ORDERED:
1.
Confidential Information - Defined: Information that implicates common law and statutory
privacy interests. Any matter designated by a party as “confidential” may only be disclosed
to the following persons:
A.
The parties to this action, attorneys of record for the parties in this action, and the
staff of their respective law firms;
B.
Experts or consultants hired by or consulted by such attorneys in connection with
this case, but only so long as the expert or consultant agrees to the restrictions set
forth herein by signing an Acknowledgment of Protective Order in the form
attached hereto;
C.
Persons noticed for deposition or designated as trial witnesses, to the extent
necessary for the preparation of the person's testimony in this case provided that
documents will not be shown to witnesses who are not employees of the
PROTECTIVE ORDER
PAGE 2
producing party (or otherwise within the categories of persons to whom disclosure
may be made) except during depositions with prior notice and consent during the
deposition by counsel for the producing party;
D.
The Court and Court personnel; and
E.
Stenographic reporters engaged for depositions or other proceedings necessary for
the conduct of this case.
2.
Any party from time to time may designate as “confidential” any discovery
materials they produce which contain confidential information (hereinafter “Confidential
Discovery Materials”), the disclosure of which by the receiving party would, in good faith
judgment of the party producing such material, result in disclosure of confidential information or
undue invasion of privacy.
3.
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 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
PROTECTIVE ORDER
PAGE 3
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.
4.
To the extent feasible, all confidential information shall be stamped
“CONFIDENTIAL” prior to its production. Information produced by a non-party may not be
designated confidential by the parties if not so designated by the producing non-party. In the
event that a party inadvertently fails to designate any confidential information, the party
producing that information may within thirty (30) days of production make such a designation by
notifying the receiving person in writing. Each side shall treat information designated as
confidential until further order of the court.
5.
In the case of deposition testimony, counsel for the person being deposed shall,
within thirty (30) days after the transcript has been received by such counsel, designate those
portions of the transcript which contain testimony concerning Confidential Discovery Materials
(hereinafter “Confidential Deposition Testimony”). During this 30 day period, the entire
transcript shall be treated as though it was designated “CONFIDENTIAL” and shall be disclosed
only to those persons listed above.
6.
Confidential Discovery Materials or Confidential Deposition Testimony shall not
be used for any purpose other than the prosecution or defense of this action.
PROTECTIVE ORDER
PAGE 4
7.
Before disclosing Confidential Discovery Materials or Confidential Deposition
Testimony to experts or other non- parties, the attorney or party disclosing the materials shall
advise such persons of the restrictions of this Protective Order and obtain written assurance in
the form attached that such person will be bound by its provision. That written assurance will
not be available for inspection by the attorneys for the party whose confidential material is
produced, provided that the party producing the confidential information may request the Court
to review such forms in camera to assure that such forms are duly executed.
8.
All Confidential Discovery Materials or Confidential Deposition Testimony
submitted to or filed with the Court in this action shall be submitted or filed under separate cover
and shall be placed under seal. Such materials shall only be available to the Court and persons
authorized by this Protective Order.
9.
This Protective Order shall not prevent any Confidential Discovery Materials or
Confidential Deposition Testimony from being used by the Court or counsel of record at any
hearing in this action, or from being offered and received into evidence at trial, subject to such
confidentiality measures as the Court may then prescribe.
10.
No person who obtains access to Confidential Discovery Materials or
Confidential Deposition Testimony pursuant to this Protective Order may disclose that
information to any persons other than those permitted access under this Protective Order, unless
it first secures the written consent of the producing party, or obtains permission from the Court,
upon motion and with notice to all parties.
11.
Within thirty (30) days after the conclusion of trial and all appeals or any other
termination of this action, all Confidential Discovery Materials or Confidential Deposition
PROTECTIVE ORDER
PAGE 5
Transcripts (including all copies) shall be returned to the producing party or destroyed in a
mutually agreeable manner, and all excerpts and summaries thereof shall be destroyed. The
prohibitions of this Protective Order which restrict the disclosure and use of Confidential
Discovery Materials or Confidential Deposition Testimony shall continue to be binding after the
conclusion of this action.
12.
Any party may apply to the Court for an order modifying this Protective Order,
removing the confidential designation from any discovery materials, or extracts or portions
thereof, reclassifying Confidential Discovery Materials or further protecting Confidential
Discovery Materials. The burden of persuasion regarding any party’s confidentiality designation
shall be governed by Rule 26 of the Federal Rules of Civil Procedure and the applicable case
law. This Protective Order is without prejudice to the rights of any party to object to the
production of documents or information which it considers to be privileged or otherwise beyond
the scope of Fed. R. Civ. P. 26.
Dated: June 6, 2014.
BY THE COURT:
Kathleen M. Tafoya
United States Magistrate Judge
PROTECTIVE ORDER
PAGE 6
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Honorable Marcia S. Krieger
Case No. 1:13-cv-02990-MSK-KMT
KHALED ALATTAR,
Plaintiff,
v.
AARON BELL, CHRISTOPHER BELL,
RACHEL BELL, and WILLIAM BELL,
Defendants.
ACKNOWLEDGEMENT OF PROTECTIVE ORDER
I,
, hereby acknowledge that I have read the Protective
Order issued in the above-captioned action and I agree to be bound by its provisions.
Dated:
PROTECTIVE ORDER
PAGE 7
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