English et al v. Wolf et al

Filing 23

STIPULATED PROTECTIVE ORDER by Judge R. Brooke Jackson on 11/13/14. (jdyne, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No.: 1:14-cv-01276- RBJ
TRACEY ENGLISH AND GERALD M. ENGLISH JR.,
PLAINTIFFS,
V.
JESSICA A. WOLF (AKA JESSICA A. WOLFE), ROBERT WOLF (AKA ROBERT
WOLFE), AND ROCKY MOUNTAIN BAGELS, LLC, A COLORADO LIMITED
LIABILITY COMPANY,
DEFENDANTS.

STIPULATED PROTECTIVE ORDER REGARDING CONFIDENTIAL
MATERIALS

For good cause and upon stipulation of the parties for an Order pursuant to Fed.
R. Civ. P. 26(c) to protect the discovery and dissemination of confidential information or
information which will improperly annoy, embarrass, oppress or cause undue burden or
expense to any party, witness or person providing discovery in this case, IT IS
ORDERED:
1. The parties anticipate that, given the damages and other issues involved in this
case, non-public Financial and Medical records will be produced during discovery that
contain information that is confidential or highly sensitive and private in nature.
Therefore, the parties agree that healthcare records and records showing income of any
party, produced by any party or non-party, shall constitute Confidential Records and shall
be marked by the disclosing party as “Confidential – Subject to Protective Order”. If

any party believes in good faith that any other document produced during discovery
contains confidential information, that party may designate the document as such.
2. The medical records previously produced by Plaintiffs in their Rule 26(a)(1)
disclosures are Confidential Records. These include the documents numbered by
plaintiffs as 0001- 0745, 0776 - 1088.
3. The parties shall not to disclose Confidential Records or the content thereof to any
media, news or internet outlet or social network site and agree not to post Confidential
Records or the content thereof on the internet in any way that would allow access by
people not entitled to access, whether through a social network site, blog or otherwise.
4.

A deposition transcript that includes disclosure of the contents of Confidential

Records or includes discussion of a party’s confidential medical or financial information
may be designated by the party whose Confidential Records or confidential information
is discussed as Confidential Records. This designation may be made by a statement on
the record at the deposition that portions of the transcript will be identified as
confidential, or by written communication to the other parties within 14 days of the
deposition. Once such a designation is made, the transcript shall be considered
Confidential Records for 20 days after the transcript is first made available by the Court
Reporter to the parties. Within that 20 days, the designating party may designate any
portion of the transcript that disclose the contents of Confidential Medical Records or that
includes discussion of a party’s confidential medical or financial information as
Confidential Records, and those portions of the transcript shall be treated as such
thereafter.

5. Any party who inadvertently discloses documents that are confidential without
labeling them as “Confidential – Subject to Protective Order” may thereafter identify
them as confidential. Any party who inadvertently discloses documents that are
privileged or otherwise immune from discovery may promptly upon discovery of
such inadvertent disclosure, so advise the receiving party and request that the
documents be returned. The receiving party shall return, or certify to the other party
as to the destruction of, such inadvertently produced documents, including all copies,
within 10 days of receiving such a written request. The party returning or destroying
such inadvertently produced documents may thereafter seek reproduction of any such
documents pursuant to applicable law, including Fed. R. Civ. P. 26(b)(5)(B), but may
not use the inadvertently disclosed information and/or material when seeking
reproduction.
6. When Confidential Records are filed with the Court, they shall be filed under seal
with a Motion to Restrict pursuant to D.C.Colo. L.Civ.R7.2. Such filings will be subject
to Level 1 restriction, limiting access to the parties and the court, unless the Court orders
otherwise.
7. This Order does not apply to trial. Confidentiality of documents used as
evidence at trial is not addressed in this Order. The parties reserve the right to address
that issue at a later date.
8. Any party may apply to the Court for a modification of this Protective Order, and
nothing in this Protective Order shall be construed to prevent a party from seeking such
further provisions enhancing or limiting confidentiality as may be appropriate.

9. The restrictions of this Protective Order shall survive the termination of this
action, except with respect to any documents and information that become a matter of
public record or are otherwise no longer in fact confidential.
Approved this 13th day of November, 2014.

BY THE COURT:

R. Brooke Jackson
United States District Judge

STIPULATED TO:

Date: November 7, 2014.

s/Michael J. Thomsom
John A. Purvis
Michael J. Thomson
Purvis Gray, LLP
4410 Arapahoe Avenue, Suite 200
Boulder, CO 80303
and
Stuart A. Ollanik
Ollanik Law, LLC
1439 Wildwood Lane
Boulder, CO 80305
Counsel for Plaintiffs Tracey English and
Gerald M. English, Jr.

Date: November 7, 2014.

s/Harry M. Bleeker
Harry M. Bleeker
Stuart S. Jorgensen & Associates
11080 Circle Point, Suite 400
Westminster, CO 80020
Counsel for Defendants Jessica A. Wolf and
Robert Wolf

Date: November 7, 2014.

s/Max K. Jones, Jr.
Max K. Jones, Jr.
Claire E. Munger
Montgomery, Kolodny, Amatuzio &
Dusbabek, LLP
1775 Sherman Street, 21st Floor
Denver, Colorado 80203
Counsel for Defendants
Jessica A. Wolf, Robert Wolf and Rocky
Mountain Bagels, LLC