Chateau Village North Condominium Association v. American Family Mutual Insurance Company

Filing 44

PROTECTIVE ORDER entered by Magistrate Judge Nina Y. Wang on 5/8/15. (bsimm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:14-cv-01583-PAB
CHATEAU VILLAGE NORTH CONDOMINIUM ASSOCIATION,
a Colorado corporation,
Plaintiff,
v.
AMERICAN FAMILY MUTUAL INSURANCE COMPANY,
a Wisconsin corporation,
Defendant.

STIPULATION AND PROTECTIVE ORDER

Each Party and each Counsel of Record stipulate and move the Court for a Protective Order
pursuant to Rule 26(c) of the Federal Rules of Civil Procedure concerning the treatment of
Confidential Information (as hereinafter defined), and, as grounds therefore, state as followsIT IS
ORDERED:
1.

In this action, at least one of the Parties has sought and/or is seeking Confidential

Information (as defined in paragraph 2 below). The Parties also anticipate seeking additional
Confidential Information during discovery and that there will be questioning concerning
Confidential Information in the course of depositions. The Parties assert the disclosure of such
information outside the scope of this litigation could result in significant injury to one or more of
the Parties’ business or privacy interests. The Parties have entered into this Stipulation and request
the Court enter the within Protective Order for the purpose of preventing the disclosure and use of
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Confidential Information except as set forth herein.
2.

“Confidential Information” means those documents the designating party believes

are protected by the Federal Rules of Civil Procedure as provided in Rule 26 and designated by
one of the Parties in the manner provided in paragraph 3 below as containing trade secret,
confidential research, development or commercial information, the disclosure of which the
designating party believes may cause commercial harm to the Producing Party.
3.

Where Confidential Information is produced, provided or otherwise disclosed by a

Party in response to any discovery request, it will be designated in one of the following manners:
a.

By imprinting the word “Confidential” on the first page or cover of any
document produced, accompanied by a reference to the ranges of bates
numbered pages to which that designation refers;

b.

By imprinting the word “Confidential” next to or above any response to a
discovery request; and

c.

With respect to transcribed testimony, by giving written notice to opposing
counsel designating such portions as “Confidential” no later than ten
calendar days after receipt of the transcribed testimony.

4.

All Confidential Information provided by a Party in response to a discovery request

or transcribed testimony shall be subject to the following restrictions:
a.

It shall be used only for the purpose of this litigation and not for any
business or other purpose whatsoever;

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b.

It shall not be communicated or disclosed by any Party’s counsel or a Party
in any manner, either directly or indirectly, to anyone except for purposes
of this case and unless an affidavit in the form of Exhibit A has been signed,
provided, however, that there shall be no requirement to obtain an affidavit
for those persons identified in paragraphs 7.a., 7.b., 7.c. and 7.e. of this
Stipulation and Protective Order.

5.

Individuals authorized to review Confidential Information pursuant to this

Protective Order shall hold Confidential Information in confidence and shall not divulge the
Confidential Information, either verbally or in writing, to any other person, entity or government
agency unless authorized to do so by court order.
6.

The Party’s counsel who discloses Confidential Information shall be responsible

for obtaining and retaining the original affidavits signed by qualified recipients of Confidential
Information. The form affidavit is attached as Appendix A to this Protective Order.
7.

Confidential Information shall not be disclosed to any person or entity other than:
a.

This Court, including court personnel, court reporters and persons operating

video recording equipment at depositions in this action;
b.

Corporate (in-house) and outside attorneys for each party actively engaged

in this litigation and law clerks, paralegals, office clerks, and secretaries working under
their supervision;
c.

Any witness with prior knowledge of the information and/or prior or current

possession of the documents to be disclosed;

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d.

Consultants, investigators, or experts (hereinafter referred to collectively as

“experts”) retained or employed by the parties or counsel to assist in the preparation and/or
trial of the lawsuit. Prior to disclosure to any expert, the expert must be informed of and
agree to be subject to the provisions of this Protective Order requiring that the documents
and information be held in confidence, as represented in Exhibit A;
e.

The Parties, deponents, witnesses, or potential witnesses; and

f.

Essential insurance representatives needed for claims evaluation. Prior to

disclosure to any insurance representative, the insurance representative must be informed
of and agree to be subject to the provisions of this Protective Order requiring that the
documents and information be held in confidence, as represented in Appendix A
8.

No copies of Confidential Information shall be made except by or on behalf of

counsel in this litigation and such copies shall be made and used solely for purposes of this
litigation.
9.

During the pendency of this litigation, counsel shall retain custody of Confidential

Information and may provide disclosure as permitted under this Order.
10.

If any counsel objects to the designation of certain information as Confidential

Information, as soon as possible after determining that said designation is in error or inappropriate,
he or she shall promptly inform the other parties’ counsel in writing of the specific grounds of
objection to the designation. All counsel shall then, in good faith and on an informal basis, attempt
to resolve such dispute. If after such good faith attempt, all counsel are unable to resolve their
dispute, opposing counsel may move for a disclosure order consistent with this order. Any motion
for disclosure shall be filed within 14 days of receipt by counsel of notice of opposing counsel's

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objection, and the information shall continue to have Confidential Information status from the time
it is produced until the ruling by the Court on the motion.
11.

In the event a party desires to use Confidential Information in any filing with the

Court or in any Court proceeding, the filing or offering party shall give sufficient advance notice
to the party seeking confidentiality to enable that party to file a Motion to Restrict Public Access,
in accordance with D.C.Colo.LCivR 7.2(c). Any such motion will be determined in accordance
with D.C.Colo.LCivR 7.2.
12.

The termination of this action shall not relieve counsel or other persons obligated

hereunder from their responsibility to maintain the confidentiality of Confidential Information
pursuant to this Protective Order, and the Court shall retain continuing jurisdiction to enforce the
terms of this Protective Order.
13.

By agreeing to the entry of this Protective Order, the Parties adopt no position as to

the protected nature of the documents produced subject to provisions of the order, their
authenticity, or their admissibility.
14.

Upon termination of this litigation, including any appeals, each Party’s counsel

shall make available all Confidential Information provided subject to this Protective Order as well
as copies not otherwise destroyed to the producing party at the offices of counsel to whom the
Confidential Information was produced. If within thirty (30) days after providing notice to
producing counsel of the availability of the Confidential Information the producing party has not
taken possession of the Confidential Information, counsel providing notice shall destroy the
Confidential Information as documents are destroyed in the normal course of counsel’s business.

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15.

Nothing in this Protective Order shall preclude any Party from filing a motion

seeking further or different protection from the Court under Rule 26 (b)(5)(c) of the Federal Rules
of Civil Procedure, or from filing a motion with respect to the manner in which Confidential
Information shall be treated at trial.

DATED this 8th day of May, 2015.

BY THE COURT:
s/ Nina Y. Wang
Ni

United States Magistrate Judge

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CAMPBELL, LATIOLAIS & AVERBACH,
LLC
By:
Mic ael J. R senberg, Esq.
Kerr . At cio, Esq.
1512 Larimer Street, Suite 650
Denver, CO 80202
Attorneys for Plaintiff

Colin C. Campbell, Reg. No. 12193
Michael 0. Frazier, Reg. No. 13765
825 Logan Street
Denver, CO 80203-3114
Telephone: [phone]
Attorneys for Defendant

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Appendix A
Chateau Village North Condominium Association
v. American Family Mutual Insurance Company
United States District Court for the District of Colorado
Case Number: 2014CV1583
AGREEMENT OF CONFIDENTIALITY
1.

My full name is:

2.

My address is:

3.

My present employer is:

4.

My present occupation or job description is:

5.
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.
6.
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.
7.
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.
8.
Order.

I submit to the jurisdiction of this Court for the purposes of enforcement of the Protective

DATED this

day of

, 2015.

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