Cole v. Weatherford International, LLC et al

Filing 25

PROTECTIVE ORDER by Magistrate Judge Kathleen M. Tafoya on 7/31/14. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
CIVIL ACTION NUMBER: 14-cv-01115-WJM-KMT
JAMES COLE, individual,
Plaintiff,
v.
WEATHERFORD INTERNATIONAL, LLC, f/k/a WEATHERFORD INTERNATIONAL,
INC. a Delaware corporation, and WEATHERFORD U.S., L.P., a Louisiana corporation,
Defendants.

STIPULATION AND PROTECTIVE ORDER

Tafoya, J.
Each Party and each Counsel of Record stipulates and moves 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:
1.

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. The
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 and/or the privacy interests of third parties. The Parties have entered into this
Stipulation and request the Court enter the within Protective Order for the purpose of
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preventing the disclosure and use of Confidential Information except as set forth herein.
2.

“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: Personal health and healthcare related information as defined by
the Health Care Insurance Portability and Accountability Act (29 U.S.C. 1181, et. seq.),
financial or other economic information, third party personnel information, trade secrets,
and other proprietary information.
3.

Where Confidential Information is produced, provided or otherwise

disclosed by a Party in response to any discovery request, it will be designated in the
following manner:
a.

By an attorney reviewing the information and making a good faith

determination that the information is confidential or otherwise entitled to
protection;
b.

By imprinting the word “Confidential” on the first page or cover of

any document produced;
c.

By imprinting the word “Confidential” next to or above any

response to a discovery request; and
d.

With respect to transcribed testimony, by giving written notice to

opposing counsel designating such portions as “Confidential” no later than ten
calendar days after receipt of the transcribed testimony, or designating such
testimony as confidential on the record at the time such testimony is taken.
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4.

All Confidential Information provided by a Party in response to a discovery

request or transcribed testimony shall be subject to the following restrictions:
a.

It shall be used only for the purpose of this litigation and not for any

business or other purpose whatsoever;
b.

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.
5.

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.
6.

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.
7.

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
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requiring inspection under terms and conditions deemed appropriate by the Court.

8.

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 this litigation.
9.

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
Information, he or she shall promptly inform the other Party’s counsel in writing of the
specific grounds of objection to the designation. All counsel shall then, in good faith and
on an informal basis, attempt to resolve such dispute. If the Parties cannot resolve the
objection within ten (10) business days after the time notice of the objection is received,
it shall be the obligation of the Party designating the information as Confidential
Information to file, within fifteen (15) days after receipt of an objection to designation of
confidentiality, 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
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” and shall not thereafter
be treated as Confidential Information 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
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exists for the disputed information to be treated as Confidential Information.

10.

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 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)).
11.

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.
12.

By agreeing to the entry of this Protective Order, the Parties adopt no

position as to the authenticity or admissibility of documents produced subject to it.
13.

Upon termination of this litigation, including any appeals, each Party’s

counsel shall immediately return to the producing Party all Confidential Information
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provided subject to this Protective Order, and all extracts, abstracts, charts, summaries,
notes or copies made therefrom, or, with the permission of the producing Party, destroy
the same.
14.

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 31st day of July, 2014.
BY THE COURT:

KATHLEEN M. TAFOYA, MAGISTRATE
UNITED STATES DISTRICT COURT

STIPULATED AND AGREED TO:
Plaintiff

s/ Justin M. Plaskov

Party

Counsel

Defendants

s/ Sarah R. Wisor

Party

Counsel

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EXHIBIT A
AFFIDAVIT
STATE OF COLORADO

)
) ss.
COUNTY OF _________ )
________________ swears or affirms and states under penalty of perjury:
1.
I have read the Protective Order in Cole v. Weatherford, Civil Action No.
14-cv-01115-WJM-KMT, a copy of which is attached to this Affidavit.
2.
I have been informed by ___________________________, Esq., counsel
for ____________________________, that the materials described in the list attached
to this Affidavit or which are otherwise designated as “Confidential” pursuant to ¶ 3 of
the Stipulation and Protective Order are Confidential Information as defined in the
Protective Order.
3.
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.
4.
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.
5.

I will abide by the terms of the Protective Order.

(Signature)

(Print or Type Name)
Address:

Telephone No: ___________________

[NOTARY APPEARS ON FOLLOWING PAGE]

SUBSCRIBED AND SWORN to before me this ____ day of ____________, 2014,
by___________________________________.
WITNESS my hand and official seal.

Notary Public
[S E A L]

My Commission Expires: