Roe v. Aegis Wholesale Corporation et al

Filing 45

PROTECTIVE ORDER by Magistrate Judge Kathleen M. Tafoya on 5/8/14. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Case No. 13-cv-03040- KMT
KELLY ROE,
Plaintiff,
v.
AEGIS WHOLESALE CORPORATION,
AEGIS MORTGAGE CORPORATION,
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.,
CHASE BANK USA, N.A.
JPMORGAN CHASE BANK, N.A.,
FEDERAL HOME LOAN MORTGAGE CORPORATION, and
ALL UNKNOWN PERSONS WHO CLAIM ANY INTEREST
IN THE SUBJECT MATTER OF THIS ACTION
Defendants.

STIPULATED PROTECTIVE ORDER
Plaintiff Kelly Roe (“Plaintiff”) has filed this lawsuit (the “Litigation”) against
Defendants Aegis Wholesale Corporation, Aegis Mortgage Corporation, Mortgage Electronic
Registration Systems, Inc., Chase Bank USA, N.A., JPMorgan Chase Bank, N.A., and Federal
Home Loan Mortgage Corporation (collectively, the “Defendants”). 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 may
seek discovery or testimony regarding the personal identifying information and personal

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financial information of Plaintiff (herein after collectively referred to as the “Confidential
Information”). All Confidential Information shall only be utilized by Plaintiff and Defendants
(collectively, 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 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. 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.
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

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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 a deposed
party will review the 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 via
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 the prescribed time, 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

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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
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.

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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 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.
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.
Dated this 8th day of May, 2014
BY THE COURT:

Kathleen M. Tafoya
United States Magistrate Judge

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APPROVED:

s/ Kelly Roe
Kelly Roe
PO Box 1168
Berthoud, CO 80513
[e-mail]
Pro Se Plaintiff

s/ Sean M. Ward
Paul J. Lopach, #34441
Sean M. Ward, #41786
BRYAN CAVE LLP
1700 Lincoln Street, Suite 4100
Denver, CO 80203-4541
[phone]
[e-mail]
[e-mail]
Attorneys for Mortgage Electronic Registration
Systems, Inc., Chase Bank USA, N.A., JPMorgan
Chase Bank, N.A., and Federal Home Loan
Mortgage Corporation

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EXHIBIT A
The undersigned has read and understand the terms of the Protective Order effective in
this case, Roe v. Aegis Wholesale Corporation et al., Civil Action No. 13-cv-03040-KMT,
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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