DiPaola v. Hologic, Inc.

Filing 13

PROTECTIVE ORDER re 12 , by Judge Richard P. Matsch on 3/24/2014. (jsmit)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-03433-RPM
MARISSA DIPAOLA, an individual,
Plaintiff,
v.
HOLOGIC, INC., a Delaware Corporation,
Defendant.
______________________________________________________________________
PROTECTIVE ORDER
______________________________________________________________________
THIS MATTER comes before the Court on the STIPULATED MOTION FOR
PROTECTIVE

ORDER

REGARDING

DISCLOSURE

OF

“CONFIDENTIAL

INFORMATION”. The Court, being fully advised, HEREBY ORDERS that the Stipulated
Motion is GRANTED.

Confidential Information (as defined below) produced in the

course of this litigation will be subject to the following terms:
1.

Scope of Order: Documents Covered. "Confidential Information" will

include any document, testimony, or response to a discovery request, including any
extract, abstract, chart, summary, recording, transcription, note, or copy made
therefrom, designated as such by Plaintiff or Defendant. Any party may designate such
information as “Confidential Information” that the party in good faith believes meets the
standards for protection set forth in Fed. R. Civ. P. 26(c).

2.

Designation Of “Confidential Information”. Information may be

designated as “Confidential Information” in the following manner:
a.

By imprinting or affixing a label with the word "Confidential" or
“CONFID” on the first page or cover of any document; or

b.

By typing the word "Confidential" or “CONFID” or imprinting or
affixing a label with the word "Confidential" or “CONFID” next to or
above any response to an Interrogatory or Request for Admission;
or

c.

With respect to information which has previously been disclosed, by
giving written notice to opposing counsel designating the specific
information as confidential within fifteen days of the date the
information was disclosed or within fifteen days after the Court
approves this Protective Order, whichever is later; or

d.

With respect to testimony that is not transcribed, by giving written
notice to opposing counsel designating such portions as
confidential no later than thirty days after the testimony is given; or

e.

With respect to transcribed testimony, by designating such portions
as confidential on the record at the time such testimony is given or
by designating such portions as confidential no later than thirty
days following receipt of the transcribed testimony.

3.

Objections to Designations. If a party objects to the opposing party's

designation of certain information as "Confidential Information," the objecting party will
inform the designating party of such objection on the record during a deposition or in
writing within fifteen days of its receipt of the designated information. The parties will
attempt first to resolve such dispute in good faith and on an informal basis. If the parties
are unable to resolve their dispute, the designating party will raise the issue with the
Court within twenty days after the notice of the objection is given by the objecting party.
In any such dispute, the designating party will at all times bear the burden of proving the
information designated as “Confidential Information” meets the standards for protection
set forth in Fed. R. Civ. P. 26(c). The information at issue will continue to have
"Confidential Information" status during the pendency of any such dispute and/or
motion. If the designating party fails to raise the issue with the Court within the
prescribed time, the disputed information shall lose its designation as “Confidential
Information” and shall not thereafter be treated as “Confidential Information” under the
terms of this Protective Order.
4.

Limitations on Disclosure of “Confidential Information”. All

information disclosed by Plaintiff or Defendant designated as “Confidential Information”
will be subject to the following restrictions:
a.

The information will not be communicated or disclosed in any
manner, either directly or indirectly, to persons not directly related
to this litigation; and,

b.

Individuals reviewing “Confidential Information” pursuant to this
Protective Order will be informed by respective counsel to hold
such information in the strictest confidence and not to divulge the
information, either verbally or in writing, to any other person, entity
(including the media), or local, state, or federal government agency,
unless ordered to do so by a court of law. Individuals advised as to
the confidential nature of such information must agree to be bound
by this provision before the information will be disclosed to them.

c.

Nothing to the contrary withstanding, this Protective Order shall in no
manner interfere with the parties’ obligations under D.C.COLO.LCivR
7.2,and any party filing material containing “Confidential Information” shall
file the material under Level 1 restriction pending the resolution of any
dispute regarding the confidentiality of the material. .

5.

Parties' Own Documents. The fact that some documents are designated

as “Confidential Information” under this Order will not affect any party's right to permit
material that it designated as “Confidential Information,” and not so designated by the
opposing side, to be revealed to, discussed with, viewed by, or disclosed to anyone that
it wishes. This Stipulation and Protective Order will not affect any party's freedom to
deal with its own documents in the manner of its choosing.
6.

Submission of “Confidential Information” to the Court. With regard to

any pleading, brief, or other document filed with the Court that specifically discusses the

contents of, quotes from, or incorporates specific information from any “Confidential
Information”, the parties shall comply with D.C.COLO.LCivR 7.2, and seek Level 1
restriction pending the resolution of any disputes.
7.

Copies of “Confidential Information”. Counsel for the parties and the

parties themselves understand the confidential nature of “Confidential Information”, and
agree to limit their copying of “Confidential Information” to that which they believe is
reasonably necessary for the prosecution/defense of this litigation. Copies of
“Confidential Information”, and documents prepared by an expert that incorporate or
reveal “Confidential Information”, will be subject to the same treatment under this Order
as the original “Confidential Information”.
8.

No Position as to Admissibility. By agreeing to the entry of this

Protective Order, the parties adopt no position as to the admissibility of information
disclosed pursuant to the Protective Order. Furthermore, nothing in this Protective
Order will preclude any party from filing a motion seeking further or different protection
from the Court under Fed. R. Civ. P. 26(c), or from filing a motion with respect to the
manner in which “Confidential Information” will be treated at trial.
9.

Resolution of Action. At the conclusion of this case, unless other

arrangements are agreed upon, all confidential information shall be destroyed and/or
archived according to the normal business practices of the respective recipient party’s
legal counsel.

10.

Continuing Jurisdiction. The termination of this action will not relieve

the parties and persons obligated hereunder from their responsibility to maintain the
confidentiality of “Confidential Information” pursuant to this Order, and the Court will
retain continuing jurisdiction to enforce the terms of this Protective Order.
11.

Modification. 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.
This Protective Order is approved by and entered as an order of the Court.

DATED this 24th day of March, 2014.

BY THE COURT:

s/Richard P. Matsch

__________________________________
Richard P. Matsch, Senior District Judge