Tenorio v. Synchronoss Technologies, Inc.
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-01274--WJM-BNB
Synchronoss Technologies, Inc.,
[PROPOSED] PROTECTIVE ORDER
THIS MATTER comes before the Court on the UNOPPOSED MOTION FOR
PROTECTIVE ORDER REGARDING NONDISCLOSURE OF “CONFIDENTIAL
INFORMATION” filed by Defendant. The Court, being fully advised, HEREBY ORDERS that
the Motion is GRANTED. Confidential Information (as defined below) produced in the course
of this litigation will be subject to the following terms:
Scope of Order: Documents Covered. "Confidential Information" will include
any document, testimony, or response to a discovery request, including any extract, abstract,
chart, summary, recording, transcription, note, or copy made therefrom, designated as such by
Plaintiff or Defendant. Any party may designate such information as “Confidential Information”
that the party in good faith believes meets the standards for protection set forth in Fed. R. Civ. P.
Designation Of “Confidential Information”. Information may be designated as
“Confidential Information” in the following manner:
By imprinting or affixing a label with the word "Confidential" or
“CONFID” on the first page or cover of any document; or
By typing the word "Confidential" or “CONFID” or imprinting or affixing
a label with the word "Confidential" or “CONFID” next to or above any
response to an Interrogatory or Request for Admission; or
With respect to information that has previously been disclosed, by giving
written notice to opposing counsel designating the specific information as
confidential within fifteen days of the date the information was disclosed
or within fifteen days after the Court approves this Protective Order,
whichever is later; or
With respect to testimony that is not transcribed, by giving written notice
to opposing counsel designating such portions as confidential no later than
thirty days after the testimony is given; or
With respect to transcribed testimony, by designating such portions as
confidential on the record at the time such testimony is given or by
designating such portions as confidential no later than thirty days
following receipt of the transcribed testimony.
Objections to Designations. If a party objects to the opposing party's
designation of certain information as "Confidential Information," the objecting party will inform
the designating party of such objection in writing within fifteen days of its receipt of the
designated information. The parties will attempt first to resolve such dispute in good faith and
on an informal basis. If the parties are unable to resolve their dispute, the designating party will
raise the issue with the Court within twenty days after the notice of the objection is given by the
objecting party. In any such dispute, the designating party will at all times bear the burden of
proving the information designated as “Confidential Information” meets the standards for
protection set forth in Fed. R. Civ. P. 26(c). The information at issue will continue to have
"Confidential Information" status during the pendency of any such dispute and/or motion. If the
designating party fails to raise the issue with the Court within the prescribed time, the disputed
information shall lose its designation as “Confidential Information” and shall not thereafter be
treated as “Confidential Information” under the terms of this Protective Order.
Limitations on Disclosure of “Confidential Information”. All information
disclosed by Plaintiff or Defendant designated as “Confidential Information” will be subject to
the following restrictions:
The information will not be communicated or disclosed in any manner, either
directly or indirectly, to persons not directly related to this litigation; and,
Individuals reviewing “Confidential Information” pursuant to this Protective
Order will be informed by respective counsel to hold such information in the
strictest confidence and not to divulge the information, either verbally or in
writing, to any other person, entity (including the media), or local, state, or federal
government agency, unless ordered to do so by a court of law. Individuals
advised as to the confidential nature of such information must agree to be bound
by this provision before the information will be disclosed to them.
Any request to restrict access must comply with the requirements of
D.C.COLO.LCivR 7.2. Nothing to the contrary withstanding, this Protective
Order shall in no manner interfere with the parties’ obligations under D.C. Colo.
LCivR 7.2, and any party filing material containing “Confidential Information”
shall file the material under Level 1 restriction pending the resolution of any
dispute regarding the confidentiality of the material.
Parties' Own Documents. The fact that some documents are designated as
“Confidential Information” under this Order will not affect any party's right to permit material
that it designated as “Confidential Information,” and not so designated by the opposing side, to
be revealed to, discussed with, viewed by, or disclosed to anyone that it wishes. This Protective
Order will not affect any party's freedom to deal with its own documents in the manner of its
Submission of “Confidential Information” to the Court. Any request to
restrict access must comply with the requirements of D.C.COLO.LCivR 7.2. With regard to
any pleading, brief, or other document filed with the Court that specifically discusses the
contents of, quotes from, or incorporates specific information from any “Confidential
Information,” the parties shall comply with D.C. Colo. LCivR 7.2, and seek Level 1 restriction
pending the resolution of any disputes.
Copies of “Confidential Information”. Counsel for the parties and the parties
themselves understand the confidential nature of “Confidential Information,” and agree to limit
their copying of “Confidential Information” to that which they believe is reasonably necessary
for the prosecution/defense of this litigation. Copies of “Confidential Information,” and
documents prepared by an expert that incorporate or reveal “Confidential Information,” will be
subject to the same treatment under this Order as the original “Confidential Information.”
No Position as to Admissibility. By agreeing to the entry of this Protective
Order, the parties adopt no position as to the admissibility of information disclosed pursuant to
the Protective Order. Furthermore, nothing in this Protective Order will preclude any party from
filing a motion seeking further or different protection from the Court under Fed. R. Civ. P. 26(c),
or from filing a motion with respect to the manner in which “Confidential Information” will be
treated at trial.
Resolution of Action. At the conclusion of this case, unless other arrangements
are agreed upon, all Confidential Information shall be destroyed and/or archived according to the
normal business practices of the respective recipient party’s legal counsel.
Modification. 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.
This Protective Order is approved by and entered as an Order of the Court.
Dated July 8, 2014.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge
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