Liddick et al v. Wells Fargo Bank, N.A.
Filing
31
PROTECTIVE ORDER approved by Magistrate Judge Craig B. Shaffer on 04/25/2014. (cbslc1)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-03006-REB-CBS
GERALD LIDDICK and
SHERI LIDDICK,
Plaintiffs,
v.
WELLS FARGO BANK, N.A.,
Defendant.
PROTECTIVE ORDER
Pursuant to the Joint Motion for Entry of Protective Order filed by the parties, the
Court hereby orders as follows:
1.
information,
This Protective Order shall apply to all documents, materials, and
including
without
limitation
documents
produced,
answers
to
interrogatories, responses to requests for admission, deposition testimony, and other
information that is disclosed in this matter pursuant to (a) the disclosure or discovery
duties created by the Federal Rules of Civil Procedure; (b) agreement of the parties; or
(c) orders of the Court.
2.
As used in this Protective Order, “document” is defined as provided in
Federal Rule of Civil Procedure 34(a). A draft or nonidentical copy is a separate
document within the meaning of this term.
3.
One who provides, serves, discloses or files any nonpublic documents or
information in connection with this action, and who in good faith believes any such
document or information contains nonpublic personal, private, financial, social services,
proprietary information, trade secrets, or other competitively sensitive information, or
other confidential research, development or commercial information, or other
information implicating privacy interests or proprietary interests of either Plaintiffs or
Defendant, or any other person, may designate such documents or information as
“Confidential.” The documents or information so designated shall be deemed
“Confidential Material” subject to this Protective Order.
4.
Confidential Material shall be used only for the limited purpose of
preparing for and conducting this civil action (including any motions, hearings, trial, or
appeals), and not for any other purpose whatsoever, and shall not, without the consent
of the party producing it or further order of the Court, be disclosed in any way to anyone
except those specified in this paragraph:
a.
attorneys involved with the litigation;
b.
persons regularly employed by, or contracted with, or associated
with the attorneys involved with the litigation whose assistance is
deemed required by said attorneys in the preparation for trial or
other proceedings in this case;
c.
the parties and designated representatives of entity parties, as well
as their insurers and reinsurers;
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d.
deponents, consultants, and witnesses (both lay and expert) who
execute the attached Exhibit A;
e.
the Court and its employees;
f.
stenographic reporters and videographers who are engaged in
proceedings incident to the conduct of this action;
g.
copying or scanning services and their employees who will, or who
may be, asked to work with counsel to reproduce, organize, image,
or otherwise work with materials produced in this action;
h.
mediators; and
i.
persons agreed upon by the parties in writing, provided that such
persons execute the attached Exhibit A.
5.
Except as specified herein, no Confidential Material shall be disclosed to
anyone other than the persons set out in Paragraph 4 and then in accordance with the
conditions set out. When the disclosure of Confidential Material to a person listed in
Paragraph 4(d) or (i) is made, counsel making the disclosure of information shall
provide such person with a copy of this Protective Order and have such person execute
a copy of Exhibit A acknowledging that he or she read this Protective Order and agreed
to be bound by its provisions. All such acknowledgments shall be retained by counsel
and shall be subject to review by the Court if good cause for review is demonstrated by
opposing counsel.
6.
This Protective Order shall not prohibit or restrain any party from
performing the tasks necessary to prepare and conduct this civil action; however, any
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disclosure or communication of the information covered by this Protective Order, except
as specifically allowed by this Protective Order for the purposes of this litigation only, is
prohibited. This Protective Order is executed with the intention that none of the
information revealed in connection with such protections be used for any purpose other
than in relation to this litigation and that no one be allowed to use any information
produced pursuant to this order in connection with any other issue, dispute, litigation, or
charge against any of the parties whether currently pending or contemplated in the
future.
7.
All copies of materials designated as Confidential Material shall be
stamped to indicate the protected and confidential nature of the disclosed information.
Review of Confidential Material by counsel, experts, or consultants for the litigation will
not constitute any waiver of the confidentiality of the document or of any objections to
production. The inadvertent, unintentional, or in camera disclosure of Confidential
Material shall not, in and of itself, be deemed a waiver, in whole or in part, of any claims
of confidentiality.
8.
Counsel to the parties are required to advise, instruct and supervise all
associates, staff, contractors, and employees of counsel to keep designated
Confidential Material confidential. Counsel and the parties also agree to such treatment
of the information by themselves, and counsel will appropriately instruct their clients as
to the protected nature of the information produced pursuant to this order and the
limitations on its use and disclosure.
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9.
Documents are designated as Confidential Material by placing or affixing
the word “CONFIDENTIAL” on them in a manner that will not interfere with their
legibility.
10.
Whenever a deposition involves the disclosure of Confidential Material,
the deposition or portions thereof shall be designated as Confidential and subject to 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, upon written notice of the designation to all counsel of record within
thirty days after notice by the court reporter of the completion of the transcript. The
cover page and those portions of the original transcripts that contain Confidential
Material shall bear the legend “CONFIDENTIAL SUBJECT TO PROTECTIVE ORDER.”
Any deposition exhibits designated confidential shall also be marked accordingly.
11.
A party may object to the designation of particular Confidential Material 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 challenging the designation of the information as
Confidential Material to file an appropriate motion requesting that the Court determine
whether the disputed information should be subject to the terms of this Protective Order
within fifteen business days of making the written notice of objection. If such a motion is
timely filed, the disputed information shall be treated as Confidential Material under the
terms of this Protective Order until the Court rules on the motion. If such motion is not
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timely filed, the disputed information shall maintain its designation as Confidential
Material in accordance with this Protective Order.
12.
In the event Confidential Material is used in any court filing or proceeding
in this action, including but not limited to its use at trial, it shall not lose its confidential
status as between the parties through such use. Confidential Material and pleadings or
briefs quoting or discussing Confidential Material will not be accepted for filing under
restricted access or otherwise kept out of the public record in this action except by court
order issued upon motion of the party seeking to file the documents under seal. Any
motion requesting leave to file documents under seal shall comply with the
requirements of D.C.Colo.LCivR 7.2 and demonstrate that the Confidential Material at
issue is entitled to protection under the standards articulated in Nixon v. Warner
Commc’ns, Inc., 435 U.S. 589, 598-602 (1978) (applied in United States v. Hickey, 767
F.2d 705, 708 (10th Cir. 1985) and Crystal Grower’s Corp. v. Dobbins, 616 F.2d 458,
461 (10th Cir. 1980)).
13.
After the conclusion of this case and after the document retention period
of the attorneys of record or their clients, unless other arrangements are agreed upon,
each document and all copies thereof designated as Confidential shall be destroyed,
any electronic copies deleted, and all media back-ups destroyed.
14.
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.
15.
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
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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.
Nothing in this Order shall require
production of any documents or information to the extent that the production is
prohibited by law.
16.
The inadvertent disclosure or production of any information or document
that is subject to an objection on the basis of attorney-client privilege or work product
protection, or deemed Confidential under this Protective Order, will not be deemed a
waiver of a party’s claim to its privileged or protected nature or estop that party from
designating the information or document as Confidential. Any party receiving any such
information or document shall return it upon request from the producing party within five
business days of the request, regardless of whether the receiving party agrees with the
claim of confidentiality or privilege.
Dated this 25th day of April, 2014.
BY THE COURT:
s/Craig B. Shaffer
United States Magistrate Judge
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-03006-REB-CBS
GERALD LIDDICK and
SHERI LIDDICK,
Plaintiffs,
v.
WELLS FARGO BANK, N.A.,
Defendant.
EXHIBIT A TO PROTECTIVE ORDER
I, ______________________________ (please print), the undersigned, hereby
acknowledge that I have read the Protective Order entered by the Court on
_________________, 2014, in the above-captioned civil action and I understand the
terms and conditions of such Protective Order governing the restricted use of
information and materials obtained from the parties and provided to me for the sole
purposes of this action, and hereby agree to keep all such information and materials
strictly and absolutely confidential, and in all other respects to be bound by the terms of
the Protective Order.
____________________
Date
________________________________
Signature
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