Schmit v. Skywest Airlines, Inc.
Stipulation and PROTECTIVE ORDER by Judge John L. Kane on 09/19/14. (jhawk, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge John L. Kane
Civil Action No. 1:14-cv-00914-JLK
JENNIFER R. SCHMIT
SKYWEST AIRLINES, INC.,
STIPULATION AND PROTECTIVE ORDER
Each Party and each Counsel of Record stipulate and move the Court for a
Protective Order pursuant to Rule 26(c) of the Federal Rules of Civil Procedure
concerning the treatment of Confidential Information (as hereinafter defined), and, as
grounds therefor, state as follows:
In this action, at least one of the Parties has sought and/or is seeking
Confidential Information (as defined in paragraph 2 below). The Parties also anticipate
seeking additional Confidential Information during discovery and that there will be
questioning concerning Confidential Information in the course of depositions.
Parties assert the disclosure of such information outside the scope of this litigation could
result in significant injury to one or more of the Parties’ business or privacy interests.
The Parties have entered into this Stipulation and request the Court enter the within
Protective Order for the purpose of preventing the disclosure and use of Confidential
Information except as set forth herein.
“Confidential Information” means any document, file, portions of files,
transcribed testimony, or response to a discovery request, including any extract, abstract,
chart, summary, note, or copy made therefrom - not made available to the public - and
designated by one of the Parties in the manner provided in paragraph 3 below as
containing: private financial, employment or medical information of Plaintiff Jennifer R.
Schmit (“Plaintiff”); or confidential business information about Defendant SkyWest
Airlines, Inc. (“Defendant”), and Confidential Information about Defendant’s employees,
contained in medical records, employee personnel files, and/or portions of documents
that contain information generally considered to be confidential such as social security
numbers, dates of birth, and other personal identifying information.
Where Confidential Information is produced, provided, or otherwise
disclosed by a Party in response to any discovery request, it will be designated in the
By imprinting the word “Confidential” on the first page or cover of
any document produced;
By imprinting the word “Confidential” next to or above any
response to a discovery request; and
With respect to transcribed testimony, by giving written notice to
opposing counsel designating such portions as “Confidential” no
later than ten (10) calendar days after receipt of the transcribed
All Confidential Information provided by a Party in response to a discovery
request or transcribed testimony shall be subject to the following restrictions:
It shall be used only for the purpose of this litigation and not for any
business or other purpose whatsoever;
It shall not be communicated or disclosed by any Party’s counsel or
a Party in any manner, either directly or indirectly, to anyone except
for purposes of this case and unless an affidavit in the form of
Exhibit A has been signed.
Individuals authorized to review Confidential Information pursuant to this
Protective Order shall hold Confidential Information in confidence and shall not divulge
the Confidential Information, either verbally or in writing, to any other person, entity or
government agency unless authorized to do so by court order.
The Party’s counsel who discloses Confidential Information shall be
responsible for assuring compliance with the terms of this Protective Order with respect
to persons to whom such Confidential Information is disclosed and shall obtain and retain
the original affidavits signed by qualified recipients of Confidential Information, and
shall maintain a list of all persons to whom any Confidential Information is disclosed.
During the pendency of this action, opposing counsel may upon court order
or agreement of the parties inspect the list maintained by counsel pursuant to paragraph 6
above upon a showing of substantial need in order to establish the source of an
unauthorized disclosure of Confidential Information and that opposing counsel are unable
otherwise to identify the source of the disclosure. If counsel disagrees with opposing
counsel’s showing of substantial need, then counsel may seek a court order requiring
inspection under terms and conditions deemed appropriate by the Court.
No copies of Confidential Information shall be made except by or on behalf
of counsel in this litigation and such copies shall be made and used solely for purposes of
During the pendency of this litigation, counsel shall retain custody of
Confidential Information, and copies made therefrom pursuant to paragraph 8 above.
If opposing counsel objects to the designation of certain information as
Confidential grounds of objection to the designation. All counsel shall then, in good faith
and on an informal basis, attempt to resolve such dispute. If after such good faith
attempt, all counsel are unable to resolve their dispute, opposing counsel may move for a
disclosure order consistent with this order. Any motion for disclosure shall be filed
within 14 days of receipt by counsel of notice of opposing counsel's objection, and the
information shall continue to have Confidential Information status from the time it is
produced until the ruling by the Court on the motion.
Use of Confidential Information in Court Proceedings:
In the event
Confidential Information is used in any court filing or proceeding in this action, including
but not limited to its use at trial, it shall not lose its confidential status as between the
parties through such use. Confidential Information and pleadings or briefs quoting or
discussing Confidential Information will not be accepted for filing “under seal” or
otherwise kept out of the public record in this action, however, except by court order
issued upon motion of the party seeking to file the documents under seal. Any motion
requesting leave to file documents under seal shall comply with the requirements of
D.C.COLO.LCivR 7.2 and demonstrate that the Confidential Information at issue is
entitled to protection under the standards articulated in Nixon v. Warner
Communications, Inc., 435 U.S. 589, 598-602 (1978) (applied in United States v. Hickey,
767 F.2d 705, 708 (10th Cir. 1985) and Crystal Grower’s Corp. v. Dobbins, 616 F.2d
458, 461 (10th Cir. 1980)).
The termination of this action shall not relieve counsel or other persons
obligated hereunder from their responsibility to maintain the confidentiality of
Confidential Information pursuant to this Protective Order, and the Court shall retain
continuing jurisdiction to enforce the terms of this Protective Order.
By agreeing to the entry of this Protective Order, the Parties adopt no
position as to the authenticity or inadmissibility of documents subject to it.
Upon termination of this litigation, including any appeals, each Party’s
counsel shall immediately return to the producing party all Confidential Information
provided subject to this Protective Order, and all extracts, abstracts, charts, summaries,
notes or copies made therefrom. At that time, counsel shall also file under seal with this
Court the list of individuals who have received Confidential Information which counsel
shall have maintained pursuant to paragraph 6 herein, and counsel shall provide the Court
with verification that any of counsel's work product referencing Confidential Information
has been destroyed.
Nothing in this Protective Order shall preclude any Party from filing a
motion seeking further or different protection from the Court under Rule 26(c) of the
Federal Rules of Civil Procedure, or from filing a motion with respect to the manner in
which Confidential Information shall be treated at trial.
Dated at Denver, Colorado, this 19th day of September, 2014.
BY THE COURT:
s/John L. Kane
JOHN L. KANE, SENIOR JUDGE
UNITED STATES DISTRICT COURT
STIPULATED AND AGREED TO:
s/ Kimberlie K. Ryan
Kimberlie K. Ryan, Esq.
Ryan Law Firm, LLC
1640 E. 18th Avenue
Denver, CO. 80218
Attorney for Plaintiff
s/ Vance O. Knapp
Vance O. Knapp, Esq.
Tanya A. Sevy, Esq.
Sherman & Howard L.L.C.
633 17th Street, Ste. 3000
Denver, CO. 80220
Attorneys for Defendant
STATE OF COLORADO
COUNTY OF ______________ )
______________________________ swears or affirms and states under penalty of
I have read the Protective Order in Jennifer R. Schmit v. SkyWest Airlines,
Inc., U.S. District Court, District of Colorado, Civil Action No. 1:14-cv-00914-JLK, a
copy of which is attached to this Affidavit.
I have been informed by _________________, Esq., counsel for
_________________, that the materials described in the list attached to this Affidavit are
Confidential Information as defined in the Protective Order.
I promise that I have not and will not divulge, or undertake to divulge to
any person or recording device any Confidential Information shown or told to me except
as authorized in the Protective Order. I will not use the Confidential Information for any
purpose other than this litigation.
For the purposes of enforcing the terms of the Protective Order, I hereby
submit myself to the jurisdiction of the court in the civil action referenced above.
I will abide by the terms of the Protective Order.
(Print or Type Name)
Telephone No.: (_____)_______________
SUBSCRIBED AND SWORN to before me this ____ day of ___, 2014, by
WITNESS my hand and official seal.
My Commission Expires:
[S E A L]
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