Brownlee v. Lithia Motors, Inc.
Filing
32
PROTECTIVE ORDER by Magistrate Judge Kathleen M. Tafoya on 4/11/14. (sgrim)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-03242-LTB-KMT
______________________________________________________________________
EDWARD ANTHONY BROWNLEE,
Plaintiff,
v.
LITHIA MOTORS, INC.,
Defendant.
STIPULATED PROTECTIVE ORDER CONCERNING CONFIDENTIAL INFORMATION
Plaintiff, Edward Anthony Brownlee, by counsel, Ian D. Kalmanowitz of Cornish &
Dell’Olio, P.C. and Defendant Lithia Motors, Inc., by counsel, A. Peter Gregory and
Cesilie Garles of Harris, Karstaedt, Jamison & Powers, P.C., hereby enter into a
Stipulated Protective Order (“Protective Order”) concerning
the
treatment
of
Confidential Information (as hereinafter defined) 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 disclosed pursuant to the disclosure or discovery duties created by the
Federal Rules of Civil Procedure and designated as “CONFIDENTIAL” pursuant to
the terms of this Protective Order.
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2.
As used in this Protective Order, the term “document” shall include,
without limitation, any electronic or hard copy emails, writings, drawings, graphs, charts,
photographs, phone records, and other data compilations from which information can be
obtained.
See Fed. R. Civ. P. 34(a).
A draft or non-identical copy is a separate
document within the meaning of this term.
3.
Information designated "CONFIDENTIAL" shall be information that is
confidential and implicates common law or statutory privacy interests of Defendant or
Plaintiff, and/or current or former employees of Defendant. CONFIDENTIAL information
shall not be disclosed or used for any purpose except the preparation and trial
(including any appeal) of this case.
4.
CONFIDENTIAL documents, materials, and/or information shall not,
without the consent of the party producing it and the consent of the party claiming
confidentiality (if that party is different from the producing party) or further Order of the
Court, be disclosed or made available in any way to any person other than:
(a)
attorneys actively working on this case;
(b)
persons regularly employed by the attorneys actively working on
the case whose assistance is required by said attorneys in the preparation for trial, at
trial, or at other proceedings in this case;
(c)
the parties, including designated representatives for Defendant;
(d)
expert witnesses and consultants retained in connection with this
proceeding, to the extent such disclosure is necessary for depositions,
preparation, trial or other proceedings in this case;
(e)
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the Court and its employees (“Court Personnel”);
(f)
stenographic
reporters
who
are
engaged
in
proceedings
necessarily incident to the conduct of this action;
(g)
witnesses in the course of deposition or trial testimony where
counsel has a reasonable and good faith belief that examination with respect to the
document is necessary in legitimate discovery or trial purposes in this case, and any
person who is being prepared to testify where counsel has a reasonable and good faith
belief that such person will be a witness in this action and that his examination with
respect to the document is necessary in connection with such testimony; and
(h)
5.
other persons by agreement of all the parties.
Prior to disclosing any CONFIDENTIAL documents to individuals within
4(d), 4(g) and 4(h) listed above, counsel shall provide such person with a copy of this
Protective Order and obtain from such person an acknowledgment stating that he or
she has read this Protective Order and agrees to be bound by its provisions.
6.
Documents are designated as CONFIDENTIAL by placing or affixing on
them (in a manner that will not interfere with their legibility) the following or other
appropriate notice: “CONFIDENTIAL.”
Any information designated by a party as
CONFIDENTIAL must first be reviewed by his or its attorney who will certify that the
designation as CONFIDENTIAL is based on a good faith belief that the information is
CONFIDENTIAL or otherwise implicates common law or statutory privacy interests.
7.
Whenever a deposition involves the disclosure of CONFIDENTIAL
information, the deposition or portions thereof shall be designated as CONFIDENTIAL
and shall be subject to the provisions of this Protective Order. Such designation shall
be made on the record during the deposition whenever possible, but a party may
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designate portions of depositions as CONFIDENTIAL after transcription, provided
written notice of the designation is promptly given to all counsel of record within thirty
(30) days after notice by the court reporter of the completion of the transcript.
8.
Production of any document or materials without a designation of
confidentiality, or an incorrect designation, will not be deemed to waive a later claim as
to its proper designation nor will it prevent the producing party from designating said
documents or material "CONFIDENTIAL" at a later date.
9.
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 within thirty (30) days after the conclusion
of the ten (10) business days requesting that the Court determine whether the disputed
information should be subject to the terms of this Protective Order. If such a motion is
not timely filed, the disputed information shall not be treated as CONFIDENTIAL under
the terms of this Protective Order. If 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. 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.
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10.
In the event it is necessary for the parties to file CONFIDENTIAL
information with the Court, the CONFIDENTIAL information shall be filed in accordance
with the requirements of D.C.COLO.L.CivR 7.2, with an accompanying Motion to
Restrict Access and a designation of the level of restriction sought.
11.
By agreeing to the entry of this Protective Order, the Parties adopt no
position as to the authenticity or admissibility of any document produced subject to it.
Neither the taking of any action in accordance with the provisions of this Protective
Order, nor the failure to object thereto, shall be construed as a waiver of any claim or
defense in this action.
12.
Nothing in this Protective Order shall preclude any Party from filing a
motion seeking further or different protection from the Court under Rule 26(c) of the
Federal Rules of Civil Procedure, or from filing a motion with respect to the manner in
which CONFIDENTIAL information shall be treated at trial.
13.
The terms of this Protective Order shall survive the termination of this
action, and all protections of this Protective Order shall remain in full effect in perpetuity.
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.
Dated this 11th day of April, 2014.
BY THE COURT:
___________________________
Kathleen M. Tafoya
United States Magistrate Judge
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STIPULATED TO AND APPROVED AS TO FORM this 10th day of April, 2014.
s/ Ian D. Kalmanowitz
Ian D. Kalmanowitz
Cornish & Dell’Olio, P.C.
431 N. Cascade Ave., Ste. 1
Colorado Springs, CO 80903
Tel: 719-475-1204
Email:
ikalmanowitz@cornishandddellolio.com
s/ Cesilie J. Garles
Cesilie J. Garles
A. Peter Gregory
Harris, Karstaedt, Jamison & Powers, P.C.
10333 East Dry Creek Road, Suite 300
Englewood, Colorado 80112
Telephone: (720) 875-9140
Email: cgarles@hkjp.com
pgregory@hkjp.com
Attorney for Plaintiff
Attorneys for Defendant
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