Acosta v. Healthcare Services Group, Inc.
Filing
35
STIPULATED PROTECTIVE ORDER. By Magistrate Judge Craig B. Shaffer on 03/17/2014. (cbslc1)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:13-cv-03429-REB-CBS
MARIE ACOSTA, Individually and on Behalf of Others Similarly Situated,
Plaintiff,
v.
HEALTHCARE SERVICES GROUP, INC.
Defendant.
STIPULATED PROTECTIVE ORDER
This civil action comes before the court on the Parties’ Stipulated Motion for
Entry of Protective Order. The court having reviewed the Motion, , IT IS ORDERED:
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.
2.
As used in this Protective Order, “document” is defined as provided in
Fed. R. Civ. P. 34(a). A draft or non-identical copy is a separate document within the
meaning of this term.
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3.
Information designated “CONFIDENTIAL” shall be information that is
confidential and implicates common law and statutory privacy interests such as: (a)
personnel records of current or former employees of Defendant to the extent that such
information implicates privacy interests and/or (b) proprietary business information of
the Defendant that is not generally known to the public.
4.
Documents designated as “CONFIDENTIAL” shall be first reviewed by a
lawyer, or a party should that party not be represented by a lawyer, who will certify that
the designation is based on a good faith belief that the information is confidential or
otherwise entitled to protection under Fed. R. Civ. P. 26(c)(1). Parties and attorneys
designating documents as “Confidential” will be representing that such documents
contain information the disclosure of which would implicate an important interest to be
protected which outweighs the presumption of public access and that they will be able
to identify to the Court a clearly defined and serious injury that would result if access is
not restricted, as required by D.C.COLO.LCivR 7.2(B)(2) & (3).
5.
CONFIDENTIAL documents, materials, and/or information (collectively
“CONFIDENTIAL information”) shall be used solely for the purpose of this action, and
shall not, without the consent of the party producing it, or further Order of the Court, be
used, transferred, disclosed or communicated in any way, except that such information
may be disclosed to:
(a)
attorneys actively working on this case;
(b)
persons regularly employed or associated with 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;
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(c)
the parties, including designated representatives;
(d)
expert witnesses and consultants retained in connection with this
proceeding, to the extent such disclosure is necessary for preparation, trial or other
proceedings in this case;
(e)
the Court and its employees (“Court Personnel”);
(f)
stenographic reporters who are engaged in proceedings necessarily
incident to the conduct of this action;
(g)
deponents, witnesses, or potential witnesses; and
(h)
other persons by written agreement of the parties.
6.
Prior to disclosing any CONFIDENTIAL information to any person listed
above (other than counsel, persons employed by counsel, Court Personnel and
stenographic reporters), counsel shall provide such person with a copy of this Protective
Order and obtain from such person an executed “Written Assurance” in the form
attached hereto as Exhibit A. All such written assurances shall be retained by counsel
and shall be subject to in camera review by the Court if good cause for review is
demonstrated by opposing counsel.
7.
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.”
8.
In the event Electronically Stored Information (“ESI”) is disclosed or
discovered in the course of this litigation, including, but not limited to, ESI provided in a
native format on hard disks or other magnetic data storage disks, removable disks
and/or drives, portions thereof, or digital images of data storage disks or drives, such
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information may be designated as CONFIDENTIAL in a written communication or in an
electronic mail message to the non-producing party.
9.
Any party who inadvertently fails to identify documents or information as
CONFIDENTIAL shall, promptly upon discovery of its oversight, provide written notice of
the error and substitute appropriately-designated documents. Any party receiving such
improperly-designated documents shall promptly retrieve such documents from persons
not entitled to receive those documents and, upon receipt of the substitute documents,
shall return or destroy the improperly-designated documents.
10.
Any party who inadvertently discloses documents that are privileged or
otherwise immune from discovery shall, promptly upon discovery of such inadvertent
disclosure, so advise the receiving party and request that the documents be returned.
The receiving party shall return such inadvertently produced documents, including all
copies and copies the receiving party provided to any other individual or entity, within 14
days of receiving such a written request.
11.
Any request to restrict access must comply with the requirements of
D.C.COLO.LCivR 7.2.
Prior to disclosure at trial or a hearing regarding
CONFIDENTIAL information, the parties may seek further protections against public
disclosure from the Court.
12.
Whenever a deposition involves the disclosure of CONFIDENTIAL
information, the portions thereof that involve the disclosure of CONFIDENTIAL
information 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
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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. Transcript pages containing
CONFIDENTIAL information must be separately bound by the court reporter, who must
affix to the top of each such page the legend “CONFIDENTIAL,” as instructed by the
party or non-party offering or sponsoring the witness or presenting the testimony.
13.
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 comply with the Court’s procedures, which may include filing an
appropriate motion requesting that the Court determine whether the disputed
information should be subject to the terms of this Protective Order.
The disputed
information shall be treated as CONFIDENTIAL under the terms of this Protective Order
until the Court rules on the dispute.
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.
14.
At the conclusion of this case, unless other arrangements are agreed
upon, each document and all copies 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
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destroy CONFIDENTIAL documents, the destroying party shall provide all parties with
an affidavit confirming the destruction.
15.
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 at Denver, Colorado this 17th day of March, 2014.
BY THE COURT:
s/ Craig B. Shaffer
United States Magistrate Judge
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EXHIBIT A
WRITTEN ASSURANCE
_________________________________________ declares that:
I reside at _______________________________________ in the City of
__________________, County of
, State of
_____________. My telephone number is __________________________________.
I am currently employed by ___________________________________, located
at _____________________________________________________, and my current
job title is ____________________________________________________.
I have read and I understand the terms of the Protective Order dated
___________________, filed in Civil Action No. 1:13-cv-03429-REB-CBS, Marie
Acosta, Individually and on Behalf of Others Similarly Situated v. Healthcare Services
Group, Inc., pending in the United States District Court for the District of Colorado. I
agree to comply with and be bound by the provisions of the Protective Order. I
understand that any violation of the Protective Order may subject me to sanctions by
the Court.
I shall not divulge any documents, or copies of documents, designated
“CONFIDENTIAL” obtained pursuant to such Protective Order, or the contents of such
documents, to any person other than those specifically authorized by the Protective
Order. I shall not copy or use such documents except for the purposes of this action
and pursuant to the terms of the Protective Order.
As soon as practical, but no later than 30 days after final termination of this
action, I shall return to the attorney from whom I have received them, any documents in
my possession designated “CONFIDENTIAL,” and all copies, excerpts, summaries,
notes, digests, abstracts, and indices relating to such documents.
I submit myself to the jurisdiction of the United States District Court for the
District of Colorado for the purpose of enforcing or otherwise providing relief relating to
the Protective Order.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on ______________________
(Date)
___________________________
(Signature)
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