Romero v. Allstate Fire & Casualty Insurance Company
Filing
22
PROTECTIVE ORDER entered by Magistrate Judge Boyd N. Boland on 1/20/15. (bsimm, )
-IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No: 1:14-cv-01522-BNB
BERTHA N. ROMERO
Plaintiff(s),
v.
ALLSTATE FIRE & CASUALTY INSURANCE COMPANY
Defendant(s).
PROTECTIVE ORDER
Pursuant to the stipulation of the parties and in accordance with the provisions of F.R.C.P.
26(c),
IT IS HEREBY ORDERED THAT:
1.
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 that fall under the category of trade
secrets and/or personnel records pursuant to the disclosure or discovery duties under the Colorado
Rules of Civil Procedure.
2.
As used in this Protective Order, “document” is defined as a draft or non-identical copy is
a separate document within the meaning of this term.
3.
Information designated “CONFIDENTIAL” shall be information that is confidential and
implicates common law and/or statutory privacy interests of Plaintiff or Defendant.
CONFIDENTIAL information shall not be disclosed or used for any purpose except the preparation
and trial of this case. Information that is designated by a party as CONFIDENTIAL must first be
reviewed by a lawyer and that designation as confidential must be based on a good faith belief that
the information is confidential or otherwise entitled to protection.
4.
CONFIDENTIAL documents, materials, and/or information (collectively
“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:
(a)
attorneys actively working on this case;
(b)
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;
(c)
the parties;
(d)
expert witnesses and consultants retained in connection with this proceeding,
to the extent such disclosure is necessary for preparation, trial or other
proceedings in this case;
(e)
the Court and its employees (“Court Personnel”);
(f)
stenographic reporters who are engaged in proceedings necessarily incident
to the conduct of this action;
(g)
deponents, witnesses, or potential witnesses; and
(h)
other persons by written agreement of the parties.
5.
Prior to disclosing any CONFIDENTIAL information to any person listed above (other than
counsel, persons employed by counsel, Court Personnel and stenographic reporters), counsel shall
provide such person with a copy of this Protective Order and obtain from such person a written
acknowledgment stating that he or she has read this Protective Order and agrees to be bound by its
provisions. 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 counsel. 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.”
6.
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.
7.
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. If the parties cannot resolve the
objection within ten (10) business days after the time the notice is received, it shall be the
obligation of the party designating the information as CONFIDENTIAL to file 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 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 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 exists for the disputed
information to be treated as CONFIDENTIAL.
8.
At the conclusion of this case, unless other arrangements are agreed upon, each document
and all copies thereof which have been designated as CONFIDENTIAL shall be returned to the party
that designated it 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 destruction.
9.
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.
Dated January 20, 2015.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge
APPENDIX A
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No: 1:14-cv-01522-BNB
BERTHA N. ROMERO
Plaintiff(s),
v.
ALLSTATE FIRE & CASUALTY INSURANCE COMPANY
Defendant(s).
ACKNOWLEDGEMENT OF STIPULATION AND PROTECTIVE ORDER
I,
, acknowledge that I have read the Stipulated Protective Order
(AProtective Order@) entered by the Court on __________________, in the above-entitled action.
I understand the terms of the Protective Order and agree to be bound by those terms. I further agree
to be subject to the jurisdiction of the United States District Court for the District of Colorado for
this civil action. Prior to signing this Acknowledgment, I have had an opportunity to consult with
an attorney of my choosing to discuss the terms of the Protective Order and my obligations
thereunder.
DATED: _______________________
By:
_______________________________
Name: ______________________________
(Please print)
_______________________________
Business Address
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