Crew Tile Distribution, Inc. v. Porcelanosa Los Angeles, Inc. et al

Filing 111

MINUTE ORDER granting 108 Defendants' Unopposed Motion to Amend Protective Order. The Stipulated Protective Order (Doc. No. 42 ) is amended to add the following Attorneys' Eyes Only Provision. By Magistrate Judge Kathleen M. Tafoya on 3/19/2015. (alowe)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Kathleen M. Tafoya
Civil Action No. 13–cv–03206–WJM–KMT

CREW TILE DISTRIBUTION, INC.,
Plaintiff,
v.
PORCELANOSA LOS ANGELES, INC.,
PORCELANOSA NEW YORK, INC.,
PORCELANOSA TEXAS, INC., and
PROVEN, LTD., all d/b/a PORCELANOSA USA,
Defendants.

MINUTE ORDER
ORDER ENTERED BY MAGISTRATE JUDGE KATHLEEN M. TAFOYA
“Defendants’ Unopposed Motion to Amend Protective Order” (Doc. No. 108, filed Mar. 19,
2015) is GRANTED. The Stipulated Protective Order (Doc. No. 42) is amended to add the
following Attorneys’ Eyes Only Provision:
31.
In addition to the foregoing protective measures for Confidential Information,
certain Confidential Information as the term is defined in this Protective Order, may be
designated as “Attorneys Eyes Only” material. A party may designate Confidential
Material as “Attorneys Eyes Only,” if such Confidential Material contains particularly
sensitive confidential information that the producing party believes in good faith cannot
be disclosed without threat of competitive injury, because such Confidential Material
contains proprietary or commercially sensitive information. Such Confidential Material
shall be identified on disclosure of such Confidential Material by including on each page
the legend “Attorneys Eyes Only.”
32.
The parties agree that the “Attorneys Eyes Only” designation shall be used as
sparingly as possible in the Lawsuit. Any document, material, or information designated
by a party as “Attorneys Eyes Only” must be reviewed by an attorney. The designation
of any document, material, or information as “Attorneys Eyes Only,” in the manner
described above, shall constitute a certification by the attorney reviewing the material and

making such designation that he or she in good faith believes the material deserves this
heightened level of protection under Fed. R. Civ. P. 26(c)(7), above and beyond being
merely Confidential Information.
33.
Access to and disclosure of “Attorneys Eyes Only” Confidential Information,
marked and identified in accordance with this Protective Order, shall be limited solely to
the Court, its officers and its clerical staff and to Authorized Personnel. Authorized
Personnel are: (a) Independent outside counsel of record for the parties to this Lawsuit,
which includes paralegal, secretarial, and clerical personnel reasonably necessary to assist
such counsel; (b) Experts and consultants and their staff who are retained by an attorney
to assist in this action, but (i) only to the extent reasonably necessary to perform such
work and (ii) the disclosing attorney must have a good faith belief that disclosure of such
documents to the expert or consultant is necessary for the expert’s or consultant’s review
of the issues in this Lawsuit; (c) Employees of outside vendors providing copy services
and exhibit preparation services in connection with the Lawsuit; (d) Stenographic
reporters and videographers engaged for depositions or proceedings necessary to this
Lawsuit; (e) Third-party mediators expressly selected by both the parties; (f) Any person
who has been identified in writing by the designating party as having been provided with
the document or information designated as “Attorneys Eyes Only” Confidential
Information; and (g) Such other persons as hereafter may be designated by written
stipulation of the parties, filed with the Clerk of the Court, or by further Order of the
Court.
Dated: March 19, 2015

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