Kessler v. Target Corporation

Filing 32

STIPULATED PROTECTIVE ORDER entered by Magistrate Judge Boyd N. Boland on 7/8/14. (bsimm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 14-CV-00733-BNB
MONICA KESSLER,
Plaintiff,
v.
TARGET CORPORATION,
Defendant.

STIPULATED PROTECTIVE ORDER

Upon a showing of good cause in support of the entry of a protective order, under Fed. R.
Civ. P. 26(c), 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.

This Protective Order shall apply to all documents, medical records, materials,

and information labeled as CONFIDENTIAL by the disclosing or producing party, 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.

3.

Information designated “CONFIDENTIAL” shall include any documents,

medical records, information or testimony, believed in good faith by a party, its counsel, or third
parties producing information in connection with this litigation to contain trade secrets or other
proprietary and confidential commercial and/or personal information as described or referenced
in Fed. R. Civ. P. 26(c), or which are already subject to confidentiality agreements or orders
separate and apart from this litigation. No CONFIDENTIAL information produced in this
litigation shall be disclosed or used for any purpose except the prosecution and/or defense of this
litigation.
4.

CONFIDENTIAL documents, medical records, 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:
(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, and the officers, directors and/or employees of the parties who

have direct responsibility for assisting in the preparation and trial of the lawsuit;
(d)

experts, investigators, 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”), provided, however, that

all court filings that attach, incorporate or disclose CONFIDENTIAL information shall be

subject to the requirements of D.C.COLO.LCivR 7.2 governing Public Access to Documents and
Proceedings.
5.

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 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.

Documents shall be designated CONFIDENTIAL by placing or affixing on them,

in a manner that will not interfere with their legibility, the following or other appropriate notice:
“CONFIDENTIAL.” All documents pertaining to the medical care of Plaintiff which have
already been provided to counsel for Defendant and which were provided without the words
“CONFIDENTIAL” shall be considered CONFIDENTIAL.
7.

Whenever a deposition involves the use of CONFIDENTIAL information, the

deposition transcript, or portions thereof, may be designated as CONFIDENTIAL and, if so
designated, 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.
8.

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. Such motion shall be filed pursuant to D.C.COLO.LCivR
7.2 governing Public Access to Documents and Proceedings and resolved by the court in the
manner outlined therein. 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.
9.

Any person who receives CONFIDENTIAL information under this Order from

another person or party, and who is served with a subpoena for any such information, shall give
counsel for the parties seven (7) days’ notice (or reasonable notice if the time for compliance
with the Subpoena is less than seven (7) days) before producing any such material.
10.

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. Alternatively, the parties may agree
that CONFIDENTIAL documents can be destroyed. Where the parties agree to destroy
CONFIDENTIAL documents, the destroying party shall provide all parties with an affidavit
confirming the destruction if requested.
11.

After the termination of this case, the provisions of this Order shall continue to be

binding and this Court shall retain jurisdiction over the parties until termination of this case.
12.

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 July 8, 2014.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

AGREED AND STIPULATED:
SCHMITZ, LEWIS, KUHN, SWAN, PC

By: s/ Michael D. Kuhn, Esq.
Michael D. Kuhn, Esq.
Andrew E. Swan, Esq.
Schmitz Lewis Kuhn Swan PC
620 North Tejon Street, Suite 101
Colorado Springs, Colorado 80903
[e-mail]
[e-mail]

Date: July 2nd, 2014

Attorneys for Plaintiffs

MONTGOMERY, KOLODNY,
AMATUZIO & DUSBABEK, LLP

By: s/ John R. Chase
John R. Chase, Esq.
Stacey D. Titus, Esq.
1775 Sherman Street, 21st Floor
Denver, CO 80203
[e-mail]
[e-mail]
Attorneys for Defendant

Date: July 2nd, 2014