Baker v. Wal-Mart Stores, Inc.
PROTECTIVE ORDER signed by Magistrate Judge Craig B. Shaffer on 8/25/14. ORDERED that 15 Unopposed MOTION for Protective Order is GRANTED. FURTHER ORDERED that when filing documents under seal parties MUST fully comply with the requirements of D.C.ColoL.CivR. 7.2 and D.C.COLO. ECF. PROC. 5.1. (cbssec)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Case No.: 1:2014-CV-00783-LTB-CBS
TRICIA BAKER ,
WALMART STORES, INC.,
STIPULATED PROTECTIVE ORDER
The parties to this action, their counsel, and any other person who agrees in
writing to become bound by the terms of this protective order (“the Order”), are bound
by this Order.
Having shown good cause in support of the entry of this protective order to
protect against the dissemination of the confidential information set forth herein, and
recognizing the parties to this case have stipulated hereto, IT IS ORDERED:
This Protective Order shall apply to all documents, materials, and
interrogatories, responses to requests for admission, deposition testimony and other
information disclosed pursuant to the disclosures 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). A draft or non-identical copy is a separate document within the
meaning of this term.
Information designated “CONFIDENTIAL” shall be any information that is
designated as sensitive by the disclosing party including, but not limited to, printed
documents, computer disks or other electronic media, information contained in
documents or electronic media, information revealed during depositions, and
information revealed in interrogatory answers.
Prior to designation, the designating
party or designating party’s counsel will review the information, and the designation as
confidential will be based on a good faith belief that the information is confidential or
otherwise entitled to protection under Fed. R. Civ. P. 26(c)(7). In general,
CONFIDENTIAL INFORMATION includes and may be claimed with respect to
information which is confidential or proprietary in nature, such as, but not limited to,
trade secrets, research and development, customer lists or other commercial
information that has been kept confidential by the producing party, personnel
information or documents, medical information pertaining to Plaintiff or employees, and
internal corporate EEO investigation files, as well as any information that implicates a
common law or statutory privacy interest such as personal identifying information or any
other information that is otherwise entitled to protection under Fed. R. Civ. P. 26(c)(7).
This CONFIDENTIAL INFORMATION shall not be disclosed or used for
any purpose except the preparation and trial of this case.
The 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;
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, or at trial, or at other proceedings in this case;
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;
the Court and its employees (“Court Personnel”);
necessarily incident to the conduct of this action;
deponents or witnesses; and
other persons by written agreement of the parties.
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 acknowledgement 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.
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”.
Whenever a deposition involves the disclosure of said CONFIDENTIAL
information, the deposition or portions thereof shall, at the election of counsel, 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
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.
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 as 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 destruction.
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.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
DATED this _____ day of _____________, 2014.
Craig B. Shaffer
United States Magistrate Judge
Stipulated and agreed to:
S/ Donna Dell-Olio
Cornish & Dell’Olio, P.C.
431 N. Cascade Ave., Ste. 1
Colorado Springs, CO 80903
S/ J. Mark Baird
J. Mark Baird
Baird Quinn LLC
2036 East 17th Avenue
Denver CO 80206
Attorneys for Plaintiff Tricia Baker
Attorneys for Wal-Mart Stores, Inc.
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