Mott et al v. Narconon Fresh Start et al
PROTECTIVE ORDER signed by Magistrate Judge Kathleen M. Tafoya on 04/06/15. (jhawk, )
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF COLORADO
Civil Action No. 14-cv-01293-PAB-KMT
BRIAN MOTT, a New York Citizen, AND NIKKI MOTT, a New York Citizen
NARCONON FRESH START d/b/a A LIFE WORTH SAVING;
ASSOCIATION FOR BETTER LIVING AND EDUCATION INTERNATIONAL; and
Upon consideration of the parties’ Stipulated Motion for Entry of Stipulated Protective
Order, and it appearing to the Court that sufficient cause exists under F.R.C.P. 26(c) for the
issuance of a Protective Order, it is ORDERED as follows:
This Protective Order shall apply to all documents, materials, and information,
including without limitation, documents produced, answers to interrogatories,
responses to requests for admission, deposition testimony, and other information
disclosed pursuant to discovery.
As used in this Protective Order, “document” is defined by Fed.R.Civ.P. 34(a). A
draft or non-identical copy is a separate document within the meaning of this
Documents, materials, and/or information designated “CONFIDENTIAL”
(collectively, “CONFIDENTIAL information”) shall be information that is
confidential, proprietary, competitively sensitive, trade secret information, and/or
implicates common law and statutory privacy interests of Plaintiffs or Defendants.
DESIGNATING CONFIDENTIAL INFORMATION
Documents are designated as CONFIDENTIAL by placing or affixing on them
(in a manner that will not interfere with their legibility) the following or other
appropriate notice: “CONFIDENTIAL.”
Prior to designating any information as CONFIDENTIAL under this Protective
Order, counsel for the producing party shall review the information to be
disclosed and designate the information it believes in good-faith is
CONFIDENTIAL or otherwise entitled to protection.
CHALLENGING CONFIDENTIAL DESIGNATIONS
Any Party may challenge a designation of confidentiality at any time.
A party may object to the designation of particular CONFIDENTIAL information
by giving written notice to the party designating the disputed information. The
written notice shall identify the information to which the objection is made.
Prior to seeking judicial intervention, the parties will fully meet and confer in
accordance with D.C.COLO.LCivR 7.1(a). If the Parties cannot resolve the
objection, the Parties may seek an informal discovery conference pursuant to
Magistrate Judge Tafoya’s Practice Standards, Discovery Dispute Resolution
Procedures (Section III.B.). If the dispute is not resolved during the informal
discovery conference, either Party may file a motion in accordance with the
Federal Rules of Civil Procedure and the District’s Local Rules of Practice. The
Parties agree and understand that it is the designating party’s burden to establish
that the challenged designation is entitled to protection under Rule 26(c). The
Parties further agree that the Court has the discretion to award sanctions pursuant
to Fed. R. Civ. P. 37(a). The designated documents shall be treated as
CONFIDENTIAL information unless and until the Court decides otherwise.
USE OF CONFIDENTIAL INFORMATION
A Party may use CONFIDENTIAL information that is designated by another
Party in connection with this case only for prosecuting, defending, or attempting
to settle this litigation. Such CONFIDENTIAL information may be disclosed only
to the categories of persons and under the conditions described in this Order.
A Party must store and maintain CONFIDENTIAL information designated by
another Party in a manner that ensures that access is limited to the persons
authorized under this Order.
CONFIDENTIAL information shall not, without the consent of the party
producing it or further Order of the Court, be disclosed except that such
information may be disclosed to:
attorneys actively working on this case.
persons regularly employed or associated with the attorneys actively
working on the case whose assistance is required by said attorneys in the
preparation for trial, at trial, or at other proceedings in this case.
the parties, including the officers, directors, and employees (including
House Counsel) to whom disclosure is reasonably necessary for this
expert witnesses and consultants retained in connection with this case, to
the extent such disclosure is necessary for preparation for trial, at trial, or
at other proceedings in this case.
the Court and its employees (“Court Personnel”).
stenographic reporters who are engaged in proceedings necessarily
incident to the conduct of this action.
deponents, witnesses, or potential witnesses.
other persons by written agreement of the parties.
Prior to disclosing any CONFIDENTIAL information to any person listed above
in 4.1.c., 4.1.d., 4.1.g., or 4.1.h., counsel shall provide such person with a copy of
this Protective Order and obtain from such person an “Acknowledgment and
Agreement to Be Bound” attached hereto as Exhibit A, stating that such person
has read and agrees to be bound by this Protective Order. All such
acknowledgments shall be retained by counsel and shall be subject to in camera
review by the Court if good cause for review is demonstrated by opposing
Whenever a deposition involves the disclosure of CONFIDENTIAL information,
the deposition or portions thereof shall be designated as CONFIDENTIAL and
shall be subject to the provisions of this Protective Order. Such designation shall
be made on the record during the deposition whenever possible, but a party may
designate portions of depositions as CONFIDENTIAL after transcription,
provided written notice of the designation is promptly given to all counsel of
record within thirty (30) days after notice by the court reporter of the completion
of the transcript.
No copies, duplications or reproductions of CONFIDENTIAL information may
be part of the public record of this case, whether in evidence or otherwise,
although this Order does not prohibit use of the documents as evidence in the trial
of this case. If any document, material or other information designated herein is
used in testimony, discovery responses, or evidence, or is quoted in any brief,
deposition, transcript or other paper filed in this case, such materials and papers
shall be tendered to the court for filing under seal and if sealed, sealing shall
continue so as to prevent disclosure at the conclusion of the trial and any
discovery response and deposition will be deemed confidential and will be
covered under this Protective Order.
Inadvertent Disclosure of Confidential Information
An inadvertent failure to designate documents and information as
“Confidential” shall not constitute a waiver of a claim of confidentiality
and shall be corrected by prompt supplemental written notice designating
the documents and information as “Confidential.” A written notice shall
identify with specificity the information or documents that contain
The designating Party and Party receiving the information shall confer
regarding the most efficient method for marking the documents and
information with the “Confidential” stamp, with the Designating Party to
reproduce the documents and information with the appropriate stamp if the
Parties are unable to reach agreement.
The Party receiving the Confidential information shall use its best efforts
to immediately retrieve any inadvertently disclosed Confidential
information from any persons to whom it gave Confidential information
and who is not otherwise entitled to see the Confidential information.
Any dispute regarding corrected designations that the Parties are unable to
resolve may be brought before the Court, but all corrected designations
shall be binding upon the Parties unless and until the Court orders
Inadvertent Disclosure of Attorney-Client Privilege or Work Product Documents
An inadvertent production of information, documents, or tangible things
that should or could have been withheld subject to a claim of attorneyclient privilege or work-product immunity shall in no way prejudice or
otherwise constitute a waiver of, or estoppel as to, any claims of privilege
or work-product immunity.
In such an event, pursuant to Colorado Rules of Professional Conduct
4.4(b) and (c) and Colorado Ethics Opinion 108, all Parties shall destroy
immediately (or return to the produced Party’s counsel) all copies of this
document and withdraw this document from any use in the above
Any Party discovering the inadvertent or mistaken produced shall notify
all other Parties, in writing, within five (5) business days of learning of the
inadvertent or mistaken production and shall request or facilitate the return
of all information for which an inadvertent or mistaken production is
Within ten (10) business days after receiving a written request to do so, the
Party receiving those documents shall return to the producing Party any
documents or tangible items that the producing Party represents are
covered by a claim of attorney-client privilege or work-product immunity
and were inadvertently or mistakenly produced. The receiving Party shall
also destroy extra copies or summaries of, or notes relating to, any
inadvertently or mistakenly produced information and shall certify its
compliance with these requirements in a letter accompanying the return of
any inadvertently or mistakenly produced information.
Any dispute regarding corrected designations or appropriateness of
documents or information subject to this “clawback” provision that the
Parties are unable to resolve shall be brought before the Court, but all
corrected designations and “clawbacks” shall be binding upon the Parties
unless and until the Court orders otherwise.
If a Party learns that, by inadvertence or otherwise, it has disclosed
CONFIDENTIAL information designated by another Party in any circumstance
not authorized under this Stipulated Protective Order, the Party must immediately:
Notify the designating Party in writing of the unauthorized disclosures;
Use its best efforts to retrieve all unauthorized copies of the
Inform the person or persons to whom unauthorized disclosures were
made of all the terms of this Order; and
Request such person or persons to execute the “Acknowledgment and
Agreement to Be Bound” that is attached hereto as Exhibit A.
CONFIDENTIAL INFORMATION SUBPOENAED OR ORDERED PRODUCED
IN OTHER LITIGATION
If a Party is served with a subpoena or a court order issued in other litigation that
compels disclosure of any information or items designated in this action as
“CONFIDENTIAL,” that Party must:
Promptly notify in writing the designating Party. Such notification shall
include a copy of the subpoena or court order;
Promptly notify in writing the party who caused the subpoena or order to
issue in the other litigation that some or all of the material covered by the
subpoena or order is subject to this Protective Order. Such notification
shall include a copy of this Stipulated Protective Order; and
Cooperate with respect to all reasonable procedures sought to be pursued
by the designating Party whose CONFIDENTIAL information may be
If the designating Party timely seeks a protective order or otherwise serves written
objections to the production of “CONFIDENTIAL” documents, the Party served
with the subpoena or court order shall not produce any information designated in
this action as “CONFIDENTIAL” before a determination by the court from which
the subpoena or order issued, unless the Party has obtained the designating Party’s
At the conclusion of this case, unless other arrangements are agreed upon in
writing, each document and all copies thereof which have been designated as
CONFIDENTIAL, or the parties may elect to destroy CONFIDENTIAL
documents. Where the parties agree to destroy CONFIDENTIAL documents, the
destroying party shall provide all parties with an affidavit confirming the
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.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
Dated this 6th day of April, 2015.
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
Mott et al. v. Narconon Fresh Start, et al., United States District Court, District of Colorado Case
My full name is: _______________________________________________________________
My address is: ________________________________________________________________
My present employer is: __________________________________________________________
My present occupation or job description is: _________________________________________
I have received a copy of the Protective Order entered in this case. I have carefully read and
understand the provisions of the Protective Order. I will comply with all of the provisions of the
Protective Order. I understand and acknowledge that failure to so comply could expose me to
sanctions and punishment.
I will not disclose any documents covered by the Protective Order except to the attorneys of
record in this case and their staff. I will use any such information only with respect to this case.
I will return all documents covered by the Protective Order that come into my possession and all
documents or things which I have prepared which contain reference to such information to any
attorney representing the party that has employed or retained me at the conclusion of this case.
I agree to submit to the jurisdiction of the United States District Court, District of Colorado for
the purposes of enforcement of the Protective Order.
City and State where sworn and signed:
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?