Foltz v. Chase Home Finance, LLC

Filing 35

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Craig B. Shaffer on 1/16/15. ORDERED that when filing restricted documents parties MUST fully comply with the requirements of D.C.ColoL.CivR. 7.2. (cbssec)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Case No. 14-cv-01581-PAB-CBS
RENEE FOLTZ,
Plaintiff,
v.
CHASE HOME FINANCE, LLC,
Defendant.
STIPULATED PROTECTIVE ORDER

Plaintiff Renee Foltz (“Plaintiff”) has filed this lawsuit (the “Litigation”) against
Defendant JPMorgan Chase Bank, National Association, as successor by merger to Chase Home
Finance, LLC (“Defendant”). In connection with the Litigation, Plaintiff may seek discovery or
testimony regarding certain of Defendant’s confidential and proprietary trade secrets and other
business information and Defendant’s may seek discovery or testimony regarding the personal
identifying information, personal financial information, as well as medical and other mental
health records of Plaintiff (herein after collectively referred to as the “Confidential
Information”). All Confidential Information shall only be utilized by Plaintiff and Defendant
(collectively, the “Parties”) in connection with the Litigation and in accordance with the terms and
conditions of this Order.
The Parties shall have the right, in good faith, to designate as Confidential Information
any part or the whole of any answers to discovery, answers to interrogatories, answers to
requests for admission, deposition transcripts, responses to production requests, documents,

HRODEN\1707387.1

expert reports, disclosures, exhibits, trial or deposition testimony or other information that the
Parties deem to be confidential. Any document, discovery, testimony, or other information that
the Parties have designated as Confidential Information shall constitute Confidential
Information, both in form and substance. Counsel for a producing party will review the
information to be disclosed and designate the information it believes, in good faith, is
confidential or otherwise entitled to protection.
The Confidential Information provided by any of the Parties shall be used strictly in
accordance with the terms in this Order. At no time shall the Confidential Information be
disclosed to or used by any person, corporation, or entity in competition with or against any of
the Parties.
The Parties may designate any document, discovery, or other information as Confidential
Information by an appropriate marking that prominently displays the words “Confidential” or
“Confidential Information.” Deposition or trial testimony can be designated by the Parties as
Confidential Information. Such designation will be made on the record if possible, but the Parties
can designate portions of such testimony as Confidential Information by providing written notice
of such designation to the opposing Parties within thirty (30) days of receipt of the transcribed
testimony by counsel. Until thirty (30) days after receipt of the transcribed testimony, such
testimony shall be treated by the Parties as Confidential Information. Counsel for a deposed
party will review the information to be disclosed and designate the information it believes, in
good faith, is confidential or otherwise entitled to protection.
In the event a Party disagrees with the designation of Confidential Information, the
Parties shall first try to resolve the disagreement in good faith on an informal basis, such as via
the production of redacted copies. In the event such a dispute cannot be resolved by agreement, a

Party may move the Court for modification of this Order. The Confidential Information
designation shall be maintained pending disposition of such a motion.
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 Information 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.
The Parties, their attorneys, or anyone else acting on their behalf shall take such
precautions with the Confidential Information as are necessary to strictly maintain its
confidentiality and comply with the terms of this Order.
Unless otherwise ordered by the Court, or agreed to in writing by the Parties, information
designated by any of the Parties as Confidential Information shall not be revealed to any person
or entity except: (a) Plaintiff and Defendant; (b) Plaintiff’s and Defendant’s attorneys; (c) experts
or consultants retained by Plaintiff, Plaintiff’s attorneys, Defendant, and Defendant’s attorneys in
preparation for and/or trial of this action. Before any Confidential Information is disclosed to an

expert or consultant, the expert or consultant must first be provided with a copy of this Order and
sign a statement in the form attached hereto as Exhibit A agreeing to the bound by the terms of
this Order.
In the event any Party intends to file Confidential Information with the Court, it shall file
the Confidential Information under restriction seal pursuant to Local Rule 7.2 the requirements
of Court for filing documents under seal.
This Order shall govern pretrial proceedings only, and nothing set forth herein prohibits
the use at trial of any Confidential Information or affects the admissibility of any evidence. The
procedures to govern the use and disclosure of Confidential Information and the redaction of any
“Confidential” or “Confidential Information” designation may be the subject of further
agreement of the Parties or order of the Court.
Nothing herein shall be construed as limiting a Party’s use of its own Confidential
Information and such use shall not constitute a waiver of the terms of this Order or the status of
such information as Confidential Information. Any of the Parties can remove their designation of
Confidential Information from any information it has previously so designated.
The Parties cannot use or disclose any Confidential Information in any pretrial court
proceeding that is open to persons not authorized to have access to such Confidential Information
under the terms of this Order. This provision does not limit the right of any of the Parties to
submit any Confidential Information to the Court under seal as described above.
Within sixty (60) days after the final resolution of the Litigation, including any appellate
proceeding, the Parties agree to return to opposing counsel the original and any copies of any
Confidential Information Produced.

SO ORDERED.
DATED at Denver, Colorado, on January 16, 2015.
BY THE COURT:

s/Craig B. Shaffer
Craig B. Shaffer
United States Magistrate Judge

APPROVED:
/s/ Cynthia Lowery-Graber
Cynthia Lowery-Graber
Paul J. Lopach
Bryan Cave LLP
1700 Lincoln Street, Suite 4100
Denver, CO 80203-4541
Telephone: [phone]
Facsimile: [phone]
E-Mail:
[e-mail]
Attorneys for JPMorgan Chase Bank, National
Association, as successor by merger to Chase Home
Finance, LLC

/s/ Eric R. Coakley
Eric R. Coakley
CoakleyKrol, LLC
2373 Central Park Blvd., Suite 100
Denver, CO 80238
Telephone: [phone]
E-Mail:
[e-mail]
Attorneys for Plaintiff

EXHIBIT A
The undersigned has read and understand the terms of the Protective Order effective in
this case, Foltz v. Chase Home Finance, LLC, Civil Action No. 1:14-cv-01581-PAB-CBS,
which is currently pending in the United States District Court for the District of Colorado. The
undersigned agrees (i) to abide by the terms of the Protective/Confidentiality Order; (ii) not to
use or divulge, under penalty of law, any documents, materials or other information covered by
the Protective/Confidentiality Order, including Confidential Information, except as permitted by
the terms of the Agreed Protective/Confidentiality Order; and (iii) to submit to the jurisdiction of
the United States District Court for the District of Colorado for resolution of any issues arising
under the Protective/Confidentiality Order.
Dated:

Signed:
Printed: