Enger Family Partnership, LLLP et al v. EMCASCO Insurance Company
Filing
63
PROTECTIVE ORDER entered by Magistrate Judge Boyd N. Boland on 1/2/15. (bsimm, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:14-cv-01748-REB-BNB
ENGER ENTERPRISES, LLC, f/k/a ENGER FAMILY PARTNERSHIP, LLLP,
Plaintiff,
v.
EMCASCO INSURANCE COMPANY, an Iowa corporation,
Defendant.
PROTECTIVE ORDER
Upon a showing of good cause in support of the entry of a protective order to protect the
discovery and dissemination of confidential information or information which will improperly
annoy, embarrass, or oppress any party, witness, or person providing discovery in this case,
IT IS ORDERED:
1.
This Protective Order shall apply to all documents, materials, and information
regarding Defendant’s internal policies, procedures and guidelines, including without limitation,
documents produced, answers to interrogatories, responses to requests for admission, deposition
testimony, including both transcripts and video depositions, and other information disclosed
pursuant to the disclosure or discovery duties created by the Federal Rules of Civil Procedure.
2.
As used in this Protective Order, “document” is defined as provided in Fed. R.
Civ. P. 34(a)(1)(A). A draft or non-identical copy is a separate document within meaning of this
term.
3.
Information designated as “CONFIDENTIAL” shall be information that is
confidential and implicates: (a) the proprietary, confidential, competitively sensitive and/or trade
secret information of EMCASCO Insurance Company and/or its related entities; or (b) any
individual’s common law or statutory privacy interests. CONFIDENTIAL information shall not
be disclosed or used for any purpose except the preparation and trial of this case.
4.
No party shall designate any document “CONFIDENTIAL” that has been
admitted into evidence at any trial or hearing, unless the Court; (a) sealed public access to the
document and/or closed the hearing/trial to the public; or (b) any motion to do so is pending.
5.
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, including designated representatives for Defendant;
(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 or witnesses during the course of any examination; and
(h) other persons by written agreement of the parties.
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6.
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 acknowledgement stating that he or she has read this Protective Order and
agrees to be bound by its provisions. All such acknowledgements 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.
7.
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.”
8.
Whenever a deposition, including both transcripts and video depositions, 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 or
videotaping, provided written notice of the designation is promptly given to all counsel within
thirty-five (35) days after notice by the court reporter of the completion of the transcript and/or
provision of the video recording.
9.
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
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obligation of the party designating the information as CONFIDENTIAL to file an appropriate
motion consistent with D.C.COLO.LCIVR 7.2 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.
10.
At the conclusion of this case, unless other arrangements are agreed upon
mutually by the parties, 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.
11.
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 2, 2015.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge
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