Zurich American Insurance Company et al v. Acadia Insurance Company

Filing 30

PROTECTIVE ORDER signed by Magistrate Judge Craig B. Shaffer on 10/30/14. ORDERED that the Stipulated 28 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 Action No. 14-cv-01273-CMA-CBS
ZURICH AMERICAN INSURANCE COMPANY, a New York corporation, and
AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY, a New York
corporation,
Plaintiffs,
v.
ACADIA INSURANCE COMPANY, a New Hampshire corporation,
Defendant.
______________________________________________________________________________
STIPULATED PROTECTIVE ORDER
______________________________________________________________________________
The Plaintiffs and the Defendant, by and through their respective undersigned counsel,
respectfully submit the following Stipulated Protective Order for the treatment of Confidential
Information as hereinafter defined. Plaintiffs and the Defendant request that this Court approve
and adopt this Stipulated Protective Order as an Order of this Court. In support hereof, the
parties 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. 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.
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 information about
any parties’ insurance premium rate formulae and/or premium calculations for determining
liability insurance coverage premiums and exposures.
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 imprinting the word "Confidential" on the first page or cover of any
document produced;
b. By imprinting the word "Confidential" next to or above any response to a
discovery request; and
c. 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.
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;

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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 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.
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9.

During the pendency of this litigation, counsel and experts shall retain custody of

Confidential Information, and copies made therefrom pursuant to paragraph 8 above.
10.

If opposing counsel objects to the designation of certain information as

Confidential Information, he or she shall promptly inform the other parties’ counsel in writing of
the specific grounds of objection to the designation. 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 90 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.
11.

In the event it is necessary for the parties to file Confidential Information with the

Court in connection with any proceeding or motion, the Confidential Information shall be filed in
a sealed envelope with the following statement typed conspicuously thereon:
CONFIDENTIAL
This document is filed pursuant to a Protective Order. Unless
Otherwise ordered by the Court, it shall not be reproduced for; or
shown to, persons other than those entitled to have access to such
documents under the Protective Order in Civil Action No. 14-cv01273-CMA-CBS on ___ date _____.
Any Pleadings or briefs filed by the parties that either quote or discuss the contents of
information designated as Confidential Information shall also be filed as referenced above.

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12.

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.
13.

By agreeing to the entry of this Protective Order, the parties adopt no position as

to the authenticity of admissibility of documents produced subject to it.
14.

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, including all extracts, abstracts, charts, summaries, notes or copies made
therefrom, or alternatively shall destroy all copies of the same. At that time, counsel shall also
verify that all third parties to whom such materials or information have been disclosed have done
the same.
15.

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.
WHEREFORE, the following stipulation is hereby Approved and made an Order of this
Court.

October
Dated at Denver, Colorado, this ____ day of ____ 2014.
30th
BY THE COURT:
_____________________
Craig B. Shaffer 
United States Magistrate Judge 

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Respectfully Submitted this 29th day of October, 2014, by and Approved as to Form:
Counsel for Plaintiffs
Zurich American Insurance Company
and American Guarantee and Liability
Insurance Company:

Counsel for Defendant Acadia Insurance
Company:

s/Todd E. Jaworsky
_______________________________
Laurence M. McHeffey
Todd E. Jaworsky
McElroy, Deutsch, Mulvaney
& Carpenter, LLP
5600 S. Quebec Street, Suite 100C
P.O. Box 4467
Greenwood Village, CO 80155-4467
Telephone:
[phone]
Facsimile:
[phone]

s/ Kevin F. Amatuzio
____________________________________
Kevin F. Amatuzio
Claire E. Munger
Montgomery, Kolodny, Amatuzio
& Dusbabek, LLP
1775 Sherman Street, 21st Floor
Denver, CO 80203
Telephone: [phone]
Facsimile: [phone]

[e-mail]
[e-mail]

[e-mail]
[e-mail]

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-01273-CMA-CBS
ZURICH AMERICAN INSURANCE COMPANY, a New York corporation, and
AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY, a New York
corporation,
Plaintiffs,
v.
ACADIA INSURANCE COMPANY, a New Hampshire corporation,
Defendant.
______________________________________________________________________________
EXHIBIT A, AFFIDAVIT RE: STIPULATED PROTECTIVE ORDER
______________________________________________________________________________
I, _______________________________________________ (name), state that I have
received and am aware of the terms of the Stipulated Protective Order in this case entered
________, 2014, and that I receive any confidential information subject to the terms thereof. I
agree to abide by and be bound by the terms of said Order to the same extent as if I were a party
to this case, and to submit to the jurisdiction of the Court in this case for purposes of
enforcement of said Order.

ss:

___________________________________
[print name]_________________________

SUBSCRIBED AND SWORN TO before me, by ______________________________,
this _____ day of ___________________________, 20__.
My Commission Expires:

___________________________________

______________________________________

Notary Public
Address: