Abdulina v. Eberl's Temporary Services, Inc.

Filing 31

STIPULATED PROTECTIVE ORDER by Magistrate Judge Boyd N. Boland on 8/5/14. (bsimm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:14-cv-00314-RM-BNB
DINA ABDULINA, on behalf of herself and all similarly situated persons,
Plaintiff,
v.
EBERL’S TEMPORARY SERVICES, INC., a Colorado corporation,
Defendant
STIPULATED PROTECTIVE ORDER

Upon the stipulation of the parties, a showing of good cause in support for entry of a
Protective Order pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, and 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:
1.

Application of Protective Order. 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, other than public records.
2.

Definition of Document. 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.
3.

Confidential Information. A party may designate as “Confidential Information” any

information that it in good faith reasonably believes contains or reflects trade secrets or other
confidential research, development, or commercial information. Documents stamped “Confidential
Information” or with an equivalent statement shall not be disclosed or used for any purpose except
the preparation and trial of this case. 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:
(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;
(c)

the parties;

(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)
(h)
4.

deponents, witnesses, or potential witnesses; and
other persons by written agreement of the parties.

Access to and Use of Attorneys' Eyes Only Information. A party may designate as

“Attorneys’ Eyes Only” any information that it in good faith reasonably believes contains
“Confidential Information” of a particularly sensitive nature, such that disclosure to anyone but the
below persons would create a substantial risk of injury that cannot be avoided by less restrictive

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means. It is the intent of the parties that the “Attorneys’ Eyes Only” designation will be minimally
used and an effort will be made to limit its use. Documents containing “Attorneys’ Eyes Only”
information will be stamped “ATTORNEYS’ EYES ONLY” or with a similar legend. Except as
required in the conduct of proceedings in this action, “Attorneys’ Eyes Only” information will not
be disclosed to any person other than those referenced above in Paragraph 3(a), (b), (d), (e), (f) &
(h). Documents and information so designated will be used only for the purpose of preparing and
conducting this litigation and will not be used by or on behalf of any party or person to whom it is
disclosed for any other purpose.
Each party's counsel shall maintain a log of all copies of Attorneys' Eyes Only Information
Documents which are delivered to any one or more qualified person set forth in Paragraph 3(a), (b),
(d), (e), (f) & (h) above. Counsel shall retain all original executed Acknowledgments for their
respective party. Non-testifying experts or consultants do not need to be disclosed to the other party
under this section provided that they meet the qualifications set forth in this section.

5.

Prior to disclosing any Confidential or Attorneys’ Only 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 a written acknowledgment stating that he or she has read this Protective Order and
agrees to be bound by its provisions. All such acknowledgments 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.
6.

Use of Confidential Information in Deposition. Whenever a deposition involves the

disclosure of Confidential or Attorneys’ Eyes Only Information, the deposition or portions thereof
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shall be designated as such 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 or Attorneys’ Eyes Only 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.
7.

Filing Confidential Information with the Court. Any request to restrict access

must comply with the requirements of D.C.COLO.LCivR 7.2. If a party wishes to file with
the Court a pleading, motion, memorandum, brief, deposition transcript, discovery request or
response, exhibit or other document that produces, paraphrases, summarizes, or otherwise
contains any Confidential or Attorneys’ Eyes Only Information, the party filing the materials
shall comply with the requirements of D.C.Colo.LCivR 5.6 Electronic Case Filing as well as any
other requirements outlined in the "Electronic Case Filing Procedures for the District of
Colorado (Civil Cases)" for filing materials under seal. If a party wishes to file any document
under seal, such party shall additionally comply with the requirements of D.C.Colo.LCivR 7.2
and 7.3.
8.

Objection to Designation of Information as Confidential. A party may object to

the designation of particular Confidential or Attorneys’ Eyes Only 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 or Attorneys’ Eyes
Only Information to file an appropriate motion requesting that the court determine

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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 or
Attorneys’ Eyes Only Information 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 or
Attorneys’ Eyes Only Information and shall not thereafter be treated as Confidential or
Attorneys’ Eyes Only Information in accordance with this Protective Order. In connection
with a motion filed under this provision, the party designating the information as
Confidential or Attorneys’ Eyes Only Information shall bear the burden of establishing
that good cause exists for the disputed information to be treated as Confidential or
Attorneys’ Eyes Only Information. A party may object to the designation of particular
Confidential or Attorneys’ Eyes Only 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 or Attorneys’ Eyes Only 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 or Attorneys’ Eyes Only 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 or Attorneys’ Eyes Only
and shall not thereafter be treated as Confidential or Attorneys’ Eyes Only in accordance with

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this Protective Order. In connection with a motion filed under this provision, the party
designating the information as Confidential or Attorneys’ Eyes Only shall bear the burden of
establishing that good cause exists for the disputed information to be treated as Confidential.
9.

Inadvertent Disclosure of Confidential Information. In the event that a party

discovers it has inadvertently disclosed Confidential or Attorneys’ Eyes Only Information to
anyone who is not authorized to receive such information pursuant to paragraph 4, the disclosing
party will:
(a)

Immediately notify the other party, identify the person to whom the

disclosure was made, and describe the specific information that was disclosed by production
number or otherwise; and
(b)

Immediately attempt to recover the Confidential or Attorneys’ Eyes Only

Information from the person to whom the disclosure was made, including all copies of any
documents or things containing or disclosing such information.
10.

Inadvertent Disclosure of Otherwise Privileged or Protected Information.

Inadvertent production of discovery material will not itself be deemed to waive any claim of
confidentiality and/or attorney-client or attorney work-product privilege that might exist with
respect to such discovery material, or other documents or communications, written or oral.
(a)

In the event that a party discovers that it has inadvertently produced

Confidential or Attorneys’ Eyes Only Information that lacks the proper designation:
(1)

The disclosing party will immediately notify in writing the

receiving party and describe the specific information that was disclosed by
production number or otherwise;

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(2)

The receiving party will within five business days return the identified

information to the disclosing party; and
(3)

The disclosing party will return the properly designated information

to the receiving party within five business days.
(b)

In the event that a party discovers that it has inadvertently produced privileged

information of any kind:
(1)

The disclosing party will immediately notify in writing the receiving

party and describe the specific information that was disclosed by production number
or otherwise: and
(2)

The receiving party will within five business days return the identified

information and not use the information for any purpose.
Nothing in this protective order will limit the right of a party to challenge a claim of confidentiality
or privilege as to any inadvertently produced information.
11.

Use of Any Information is Limited to this Lawsuit. The parties agree that any

information, including information without a Confidential or Attorneys’ Eyes Only designation,
produced in this lawsuit pursuant to disclosure or discovery rules of the Federal Rules of Civil
Procedure Documents shall not be disclosed or used for any purpose except the preparation and trial
of this case.
12.

Application to Third Parties. By agreement of the parties, the terms of this Stipulated

Protective Order shall apply not only to the parties themselves, but also to any non-party or third
party from which any depositions or discovery are obtained.
13.

Conclusion of Case. No later than thirty days after the conclusion of this case, and
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on written request from the disclosing party, counsel for each party shall return all documents that
have been marked “Confidential Information” or “Attorneys’ Eyes Only” to the person from whom
they were obtained, or arrange for their destruction. Where the parties agree to destroy Confidential
or Attorneys’ Eyes Only Information, the destroying party shall provide all parties with a
Declaration confirming the destruction.
Dated August 5, 2014.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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The undersigned hereby stipulate to the above Order to be entered by the Court.
Dated: July 30, 2014
/s/ Charles L. Scalise_______________
Charles L. Scalise
ROSS LAW GROUP
1104 San Antonio Street
Austin, Texas 78701
[e-mail]

/s/ John D. Martin___________
John D. Martin
MARTIN & HYMAN, LLC
1125 17th Street
Suite 2100
Denver, CO 80202
[e-mail]

Brian D. Gonzales
THE LAW OFFICES OF BRIAN D.
GONZALES, PLLC
123 North College Ave., Ste 200
Fort Collins, Colorado 80524
[e-mail]

Jennifer L. Anderson
JONES WALKER LLP
8555 United Plaza Blvd
Baton Rouge, LA 70809
[e-mail]

ATTORNEYS FOR PLAINTIFF

ATTORNEYS FOR DEFENDANT

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ATTACHMENT A
AGREEMENT TO BE BOUND BY PROTECTIVE ORDER
I, ________________________________________, state: I reside at
_____________________________________________________.
__ I am an employee of ____________________________________________.
__ I am engaged as ______________________________________ on behalf of
____________________________________.
I have read the Protective Order in the litigation between Dina Abdulina, et al., and Eberl’s
Temporary Services, Inc., in the United States District Court for the District of Colorado, Civil
Action No. 1:14-cv-00314-RM-BNB.
I am fully familiar with the Protective Order and agree to comply with and be bound by the
provisions of said order. I understand that I am to retain all copies of any information designated
Confidential or Attorneys’ Eyes Only Information in a secure manner, and that all copies are to
remain in my personal custody until I have completed my assigned duties, whereupon the copies and
any writings prepared by me containing any Confidential or Attorneys’ Eyes Only Information are
to be returned to counsel who provided me with such material.
I will not divulge to persons other than those specifically authorized by said order, and will
not copy or use except solely for the purposes of this litigation, any information obtained pursuant
to said order, except as provided in said order. I also agree to notify any stenographic or clerical
personnel who are required to assist me of the terms of said order.

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I state under penalty or perjury under the laws of the United States of America that the
foregoing is true and correct.
Executed on ______________________, 2014.

______________________________________

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