Fitzpatrick v. Newmont Mining Corporation
STIPULATED PROTECTIVE ORDER approved by Magistrate Judge Craig B. Shaffer on 04/14/2014. (cbslc1)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Case No.: 13-3409 PAB-CBS
NEWMONT MINING CORPORATION, a Delaware corporation
STIPULATED PROTECTIVE ORDER
Upon a showing of good cause in support of the entry of a protective order to protect the
discovery and dissemination of confidential information or information which will improperly
annoy, embarrass, or oppress any party, witness, or person providing discovery in this case,
IT IS ORDERED:
This Protective Order shall apply to all documents, materials, and information,
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.
As used in this Protective Order, “document” is defined as provided in
Fed.R.Civ.P. 34. A draft or non-identical copy is a separate document within the meaning of this
Information designated “CONFIDENTIAL” shall be information that is
confidential and implicates common law and statutory privacy interests involving personnel,
medical, business, financial or proprietary information of the parties. Documents may only be
designated CONFIDENTIAL by a party who is directing the confidentiality designation in good
faith after review of the document in the sincere belief that such documents meet the definition
CONFIDENTIAL documents, materials, and/or information (collectively
“CONFIDENTIAL information”) shall not, without the consent of the party producing it or
further Order of the Court, be disclosed except that such information may be disclosed to:
Attorneys actively working on this case;
The parties, including designated representatives of the parties; and,
Witnesses and deponents, to the extent such disclosure is necessary for
preparation, trial, or other proceedings in this case.
Prior to disclosing any CONFIDENTIAL information to any person listed in (c)
above, counsel shall provide such person with a copy of this Protective Order and obtain from
such person their agreement to abide by such Protective Order.
Documents are designated as CONFIDENTIAL by placing on them (in a manner
that will not interfere with their legibility) the following or other appropriate notice:
Whenever a deposition involves the disclosure of CONFIDENTIAL information,
the deposition or portion 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 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.
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 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.
By agreeing to the entry of this Protective Order, the Parties adopt no position as
to the authenticity or admissibility of documents produced subject to it.
Use of Confidential Information in Court Proceedings: In the event Confidential
Information 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 Information and pleadings or briefs quoting or discussing Confidential Information
will not be accepted for filing “under seal” or otherwise kept out of the public record in this
action, however, 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.
At the conclusion of this case, unless other arrangements are agreed upon, each
document and all copies of thereof which have been designated as CONFIDENTIAL shall be
returned to the party that designated it CONFIDENTIAL, or the parties may elect to destroy
CONFIDENTIAL documents. Where the parties agree to destroy CONFIDENTIAL documents,
the destroying party shall provide all parties with an affidavit confirming the destruction upon
written request of any other party.
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.
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.
So ORDERED this 14th day of April, 2014.
BY THE COURT:
s/Craig B. Shaffer
United States Magistrate Judge
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